Full text of "Country reports on human rights practices : report submitted to the Committee on Foreign Affairs, U.S. House of Representatives and Committee on Foreign Relations, U.S. Senate by the Department of State in accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as amended"

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1st Session JOINT COMMITTEE PRINT ^^^_^^

COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES FOR 1986

REPORT

SUBMITTED TO THE

COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE

AND

COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

BY THE

DEPARTMENT OF STATE

IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED

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l,t Session I JOINT COMMITTEE PRINT , ,„„_,^

COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES FOR 1986

REPORT

SUBMITTED TO THE

COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE

COMMITTEE ON FOREIGN AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

BY THE

DEPARTMENT OF STATE

IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED

FEBRUARY 1987

Printed for the use of the Committees on Foreign Relations and Foreign
Affairs of the Senate and the House of Representatives respectively

U.S. GOVERNMENT PRINTING OFFICE
fi(i-98H O WASHINGTON : 1987

For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Onice, Washington. DC 20402

COMMITTEE ON FOREIGN RELATIONS
CLAIBORNE PELL, Rhode Island, Chairman

JOSEPH R. BIDEN, Jr., Delaware
PAUL S. SARBANES, Maryland
EDWARD ZORINSKY, Nebraska
ALAN CRANSTON, California
CHRISTOPHER J. DODD, Connecticut
JOHN F. KERRY, Massachusetts
PAUL SIMON, Illinois
TERRY SANFORD, North Carolina
BROCK ADAMS, Washington
DANIEL P. MOYNIHAN, New York

JESSE HELMS, North Carolina
RICHARD G. LUGAR, Indiana
NANCY L. KASSEBAUM, Kansas
RUDY BOSCHWITZ, Minnesota
LARRY PRESSLER, South Dakota
FRANK H. MURKOWSKI, Alaska
PAUL S. TRIBLE, Jr., Virginia
DANIEL J. EVANS, Washington
MITCH McCONNELL, Kentucky

Geryld B. Christianson, Staff Director
James P. Lucier, Minority Staff Director

COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman

LEE H. HAMILTON, Indiana

GUS YATRON, Pennsylvania

STEPHEN J. SOLARZ, New York

DON BONKER, Washington

GERRY E. STUDDS, Massachusetts

DAN MICA, Florida

HOWARD WOLPE, Michigan

GEO. W. CROCKETT, Jr., Michigan

SAM GEJDENSON, Connecticut

MERVYN M. DYMALLY, California

TOM LANTOS, California

PETER H. KOSTMAYER, Pennsylvania

ROBERT G. TORRICELLI, New Jersey

LAWRENCE J. SMITH, Florida

HOWARD L. BERMAN, California

MEL LEVINE, California

EDWARD F. FEIGHAN, Ohio

TED WEISS, New York

GARY L. ACKERMAN, New York

MORRIS K. UDALL, Arizona

CHESTER G. ATKINS, Massachusetts

JAMES McCLURE CLARKE, North Carolina

JAIME B. FUSTER, Puerto Rico

JAMES H. BILBRAY, Nevada

WAYNE OWENS, Utah

FOFO I.F. SUNIA, American Samoa

WILLIAM S. BROOMFIELD, Michigan
BENJAMIN A. OILMAN, New York
ROBERT J. LAGOMARSINO, California
JIM LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
GERALD B.H. SOLOMON, New York
DOUG BEREUTER, Nebraska
ROBERT K. DORNAN, California
CHRISTOPHER H. SMITH, New Jersey
CONNIE MACK, Florida
MICHAEL DeWINE, Ohio
DAN BURTON, Indiana
JAN MEYERS, Kansas
JOHN MILLER, Washington
DONALD E. "BUZ" LUKENS, Ohio
BEN BLAZ, Guam

John J. Brady, Jr., Chief of Staff
Steven K. Berry, Minority Staff Director

(II)

FOREWORD

The reports on individual country human rights practices con-
tained herein were prepared by the Department of State in accord-
ance with sections 116(d) and 502B(b) of the Foreign Assistance Act
of 1961, as amended. They also fulfill the legislative requirement of
section 31 of the Bretton Woods Agreements Act.

Because there is interest in human rights practices of all na-
tions— those that receive U.S. foreign assistance and those that do
not — these reports are being printed to assist Members of Congress
in considering legislation in the area of foreign assistance.

Claiborne Pell,
Chairman, Committee on Foreign Relations,
Dante B. Fascell,
Chairman, Committee on Foreign Affairs.

LETTER OF TRANSMITTAL

Department of State,
Washington, DC, January 31, 1987.
Hon. Claiborne Pell,

Chairman, Committee on Foreign Relations,
Hon. Jim Wright,
Speaker, House of Representatives.

Dear Sirs: I have the distinct honor to present the report pre-
pared in compHance with sections 116(d)(1) and 502B(b) of the For-
eign Assistance Act of 1961, as amended, and section 505(c) of the
Trade Act of 1974, as amended.
With best wishes.
Sincerely,

J. Edward Fox,
Assistant Secretary,
Legislative and Intergovernmental Affairs.
Enclosure.

(V)

CONTENTS

Page

Foreword "^

Letter of Transmittal v

Introduction 1

Africa:

Angola 5

Benin 1^

Botswana 1°

Burkina Faso 25

Burundi 32

Cameroon 40

Cape Verde 48

Central African Republic 55

Chad 62

Comoros '0

Congo 75

Cote d Ivoire °^

Djibouti 90

Equatorial Guinea 96

Ethiopia 102

Gabon 113

Gambia, The 119

Ghana 125

Guinea 133

Guinea-Bissau 140

Kenya 146

Lesotho 154

Liberia 162

Madagascar 1*^4

Malawi 181

Mali 188

Mauritania 194

Mauritius 203

Mozambique 209

Niger 218

Nigeria 225

Rwanda 236

Sao Tome and Principe 243

Senegal 248

Seychelles 255

Sierra Leone 261

Somalia v 267

South Africa 274

Namibia, International Territories of 296

Sudan 308

Swaziland 318

Tanzania 326

Togo 336

Uganda 344

Zaire 353

Zambia 364

Zimbabwe 371

Central and South America:

Antiqua and Barbuda 383

Argentina 386

VIII

Central and South America — Continued ^^^

Bahamas 394

Barbados 399

Belize 403

Bolivia 408

Brazil 416

Chile 425

Colombia 444

Costa Rica 453

Cuba 459

Dominica 469

Dominican Republic 473

Ecuador 481

El Salvador 489

Grenada 504

Guatemala 509

Guyana 524

Haiti 533

Honduras 543

Jamaica 551

Mexico 559

Nicaragua 569

Panama 587

Paraguay 598

Peru 611

St. Christopher and Nevis 622

St. Lucia 625

St. Vincent and the Grenadines 628

Suriname 631

Trinidad and Tobago 639

Uruguay 644

Venezuela 650

East Asia and the Pacific:

Australia 656

Brunei 659

Burma 663

Cambodia 672

China 683

China (Taiwan only) 698

Fiji 711

Indonesia 716

Japan 729

Kiribati 734

Korea, Democratic People's Republic of 737

Korea, Republic of 744

Laos 759

Malaysia 768

Mongolia 777

Nauru 781

New Zealand 784

Papua New Guinea 787

Philippines 793

Singapore 807

Solomon Islands 815

Thailand 819

Tonga 830

Vanuatu 833

Vietnam 836

Western Samoa 846

Europe and North America:

Albania 851

Austria 857

Belgium 863

Bulgaria 869

Canada 878

Cyprus 881

Czechoslovakia 888

Denmark 900

Europe and North America — Continued / ^^

Estonia 904

Finland 908

France 913

German Democratic Republic 918

Germany, Federal Republic of 927

Greece » 932

Hungary 940

Iceland 950

Ireland 953

Italy 959

Latvia 965

Lithuania 969

Luxembourg 974

Malta 977

Netherlands, The 983

Norway 987

Poland 992

Portugal 1006

Romania 1012

Spain 1024

Sweden 1030

Switzerland 1034

Turkey 1038

Union of Soviet Socialist Republics 1054

United Kingdom 1072

Yugoslavia 1082

Near East, North Africa, and South Asia:

Afghanistan 1094

Algeria 1102

Bahrain 1110

Bangladesh 1114

Bhutan 1124

Egypt 1130

India 1146

Iran 1156

Iraq 1166

Israel and the occupied territories 1175

Jordan 1196

Kuwait 1205

Lebanon 1216

Libya 1224

Maldives 1231

Morocco 1238

The Western Sahara 1248

Nepal : 1251

Oman 1259

Pakistan 1265

Qatar 1279

Saudi Arabia 1284

Sri Lanka 1293

Syria 1308

Tunisia 1316

United Arab Emirates 1325

Yemen Arab Republic 1330

Yemen, People's Democratic Republic of. 1338

Appendixes:

A. Notes on preparation of the reports 1343

B. Reporting on worker rights 1346

C. Selected international human rights agreements 1348

D. Explanation of statistical tables 1355

COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES

INTRODUCTION

1986 HtJinan Rights Report

This report is submitted to the Congress by the Department of
State in compliance with Sections 116(d)(1) and 502B(b) of the
Foreign Assistance Act of 1961, as amended.* The legislation
requires human rights reports on all countries that receive
aid from the United States and all countries that are members
of the United Nations. In the belief that the information
would be useful to the Congress and other readers, we have
also included reports on countries which do not fall into
either of these categories and which are thus not covered by
the Congressional requirement.

A cast of hundreds has once again produced our annual country
reports on human rights. Special thanks go to the human rights
officers in our posts abroad whose responsibility it is to
write the initial drafts. Note also has to be taken this year
of the fact that the endeavors of two of them, Michael Matera
in Moscow and Daniel Grossman in Leningrad, resulted in the
interruption of their careers as the Soviet Government declared
them persona non grata.

As we again survey human rights conditions in the world, we are
once more struck by the close correlation between the existence
of a democratic form of governm.ent and respect for the
integrity of the person. In 1986 we are pleased to note the
further consolidation of democratic rule throughout Latin
America as Guatemala elected a new government and the Haitian
dictatorship came to an end. Only a small handful of countries
in the Western Hemisphere remain under dictatorial rule and
practice the human rights deprivations with which dictatorships

* Section 116(d)(1) of the Foreign Assistance Act provides as
follows :

"The Secretary of State shall transmit to the Speaker of the

House of Representatives and the Committee on Foreign Relations

of the Senate, by January 31 of each year, a full and complete
report regarding —

"(1) the status of internationally recognized human
rights, within the meaning of subsection (a) —

(A) in countries that received assistance under this
part, and

(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject of
a human rights report under this Act."

Section 502(B) (b) of the Foreign Assistance Act provides as
follows :

"The Secretary of State shall transmit to Congress, as part of
the presentation materials for security assistance programs
proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs, with respect
to practices regarding the observance of and respect for
internationally recognized human rights in each country
proposed as a recipient of security assistance."

(1)

are associated. The spectacular shift to democracy throughout
Latin America during the last 5 years is indeed most gratifying
to all those committed to the cause of human rights.

We are pleased also with the return of the Philippines to the
democratic fold and the renewed respect for the rights of the
individual in that country. Some progress has also been
registered in a few other states, but at the same time we have
witnessed serious regression in South Africa and the
continuation of bleak and stultifying dictatorial rule in a
great many other countries. The details are set forth herein.

This year there are 167 separate reports. Conditions in most
countries are described to the end of 1986; for a few
countries, significant developments occurring during the first
weeks of 1987 are also included. The guidelines followed in
preparing the reports are explained in detail in Appendix A.
In Appendix B is a discussion of reporting on worker rights.
Appendix C contains a list of 12 international human rights
covenants and agreements. Appendix D is an explanation of the
statistical tables following the reports on countries which
received United States bilateral assistance within the last 3
fiscal years.

The 1986 reports include for the second time additional
information on worker rights, as required by Section 505(c) of
the Trade Act of 1974, as amended by Title V of the Trade and
Tariff Act of 1984 (Generalized System of Preferences Renewal
Act of 1984).* Although the legislation requires reports on
worker rights only in developing countries that have been
beneficiaries under the Generalized System of Preferences, in
the interest of uniformity, and to provide a ready basis for
comparison, we have here applied the same reporting standards
that we have applied to all countries on which we prepare
reports .

Definition of Human Rights

Human rights, as defined in Section 116(a) of the Foreign
Assistance Act, include freedom from torture or cruel, inhuman
or degrading treatment or punishment; prolonged detention
without charges; disappearance due to abduction or clandestine
detention; and other flagrant denial of the rights to life,
liberty, and the security of person. Internationally
recognized worker rights, as defined in Section 502(a) of the
Trade Act, include (A) the right of association; (B) the right
to organize and bargain collectively; (C) prohibition on the
use of any form of forced or compulsory labor; (D) a minimum
age for the employment of children; and (E) acceptable
conditions of work with respect to minimum wages, hours of
work, occupational safety and health. (Categories A and B are
covered in Section 2.b. of each report, C in Section l.d., and
D and E in a final section. Conditions of Labor.)

In addition to discussing the topics specified in the
legislation, our reports, as in previous years, cover other
internationally recognized political and civil rights and
describe the political system of each country. We have altered
our previous discussion of the economic, social, and cultural
situation by focusing on the issue of discrimination in these
fields .

* Section 505(c) of the Trade Act provides as follows:

"The President shall submit an annual report to the Congress
on the status of internationally recognized worker rights
within each beneficiary developing country."

In applying these internationally recognized standards, we
seek to be objective. But the reports unashamedly reflect the
U.S. view that the right of self-government is a basic
political right, that government is legitimate only when
grounded on the consent of the governed, and that government
thus grounded should not be used to deny life, liberty, and
the pursuit of happiness. Individuals in a society have the
inalienable right to be free from governmental violations of
the integrity of the person; to enjoy civil liberties such as
freedom of expression, assembly, religion, and movement,
without discrimination based on race, ancestry, or sex; and to
change their government by peaceful means. The reports also
take into account the fact that terrorists and guerrilla groups
often kill, torture, or maim citizens or deprive them of their
liberties; such violations are no less reprehensible if
committed by violent opponents of the government than if
committed by the government itself.

We have found that the concept of economic, social, and
cultural rights is often confused, sometimes willfully, by
repressive governments claiming that in order to promote these
"rights" they may deny their citizens the right to integrity
of the person as well as political and civil rights. There
exists a profound connection between human rights and economic
development. Experience demonstrates that it is individual
freedom that sets the stage for economic and social
development; it is repression that stifles it. Those who try
to justify subordinating political and civil rights on the
ground that they are concentrating on economic aspirations
invariably deliver on neither. That is why we consider it
imperative to focus urgent attention on violations of basic
political and civil rights, a position given renewed emphasis
by the 1984 Congressional Joint Resolution on Torture.
If these basic rights are not secured, experience has shown,
the goals of economic development are not reached either.

United States Human Rights Policy

From this premise, that basic human rights may not be abridged
or denied, it follows that our human rights policy is concerned
with the limitations on the powers of government that are
reguired to protect the integrity and dignity of the
individual. Further, it is in our national interest to promote
democratic processes in order to help build a world environment
more favorable to respect for human rights and hence more
conducive to stability and peace. We have developed,
therefore, a dual policy, reactive in the sense that we
continue to oppose specific human rights violations wherever
they occur, but at the same time active in working over the
long term to strengthen democracy.

In much of the world, the United States has a variety of means
at its disposal to respond to human rights violations. We
engage in traditional diplomacy, particularly with friendly
governments, where frank diplomatic exchanges are possible and
productive. Where we find limited opportunities for the United
States to exert significant influence through bilateral
relations, we resort to public statements of our concerns,
calling attention to countries where respect for human rights
is lacking. In a number of instances, we employ a mixture of
traditional diplomacy and public affirmation of American
interest in the issue.

The United States also employs a variety of means to encourage
greater respect for human rights over the long term. Since
1983 the National Endowment for Democracy has been carrying
out programs designed to promote democratic practices abroad,
involving the two major United States political parties, labor
unions, business groups » and many private institutions. Also,
through Section 116(e) of the Foreign Assistance Act, funds

are disbursed by the Agency for International Development for
programs designed to promote civil and political rights abroad.
We also seek greater international commitment to the protection
of human rights and respect for democracy through our efforts
in the United Nations and other international organizations.

Preparation of these annual Country Reports constitutes an
important element of our human rights policy. The process,
since it involves continuous and well-publicized attention to
human rights, has contributed to the strengthening of an
international human rights agenda. Many countries that are
strong supporters of human rights are taking steps of their
own to engage in human rights reporting and have established
offices specifically responsible for international human
rights policy. Even among countries without strong human
rights records, sensitivity to these reports increasingly
takes the form of constructive response, or at least a
willingness to engage in a discussion of human rights policy.
Experience has thus demonstrated that Congress did indeed act
wisely in calling upon the State Department to prepare these
Reports .

Richard Schifter
Assistant Secretary of State
for Human Rights and Humanitarian Affairs

AFRICA

ANGOLA*

The People's Republic of Angola, the regime established in
Luanda upon the withdrawal of the Portuguese in 1975, is ruled
by the only recognized political party, the Marxist-Leninist
Popular Movement for the Liberation of Angola (MPLA) .
President Jose Eduardo dos Santos is both Head of State and
chief of the MPLA. His rule was reconfirmed by the MPLA's
Second Party Congress in December 1985. All major policy
decisions are made by a small elite in the MPLA, which also
controls all means of mass communication. Open political
dissension is not tolerated.

Now in its 11th year, the internal conflict between the
Government and the main opposition force, the National Union
for the Total Independence of Angola (UNITA), again dominated
events in 1986. The extension of the war to new areas in the
north and the undiminished intensity of the fighting in the
south caused many hundreds of casualties on each side. Each
side accused the other of killing civilians and committing
atrocities. In addition, some 200,000 to 500,000 persons in
central, eastern, and southern Angola have been displaced from
their homes largely as a result of civil strife.

A number of deaths also occurred in the course of hostilities
between the Southwest Africa People's Organization (SWAPO — a
Namibian resistance movement with bases in Angola) and South
Africa, which controls the territory of Namibia on Angola's
southern border. During 1986 South Africa conducted repeated
cross-border raids into Angola, including a June 5 raid on the
southern port of Namibe and almost continuous interventions in
pursuit of SWAPO and in support of UNITA.

The Angolan Government receives extensive military assistance
from the Soviet Union — well over $4 billion since 1975 — and in
1986 Soviet advisers again played an important role in planning
and directing military operations. An estimated 35,000 Cuban
military personnel provide logistical support, training, and
advice to government forces as well as garrison key strategic
population and economic centers. The Angolan armed forces
total approximately 100,000. UNITA, led by Jonas Savimbi ,
apparently has the allegiance of a substantial portion of the
population, especially among Angola's largest ethnic group the
Ovimbundu, and controls the southeastern quarter of Angola's
territory. UNITA has stated publicly that it favors a
government of national unity and has not sought to establish an
alternate government.

The intensification of the fighting has devastated the
country's infrastructure, forced a return to barter in some
areas, and has led the Government to divert most of its assets
to the military. Payments to the Soviet Bloc for military
equipment and Cuban combat troops are a heavy burden on the
economy. In addition, the low world market price of oil, the
principal source of the Angolan Government's revenue as well as
most of its foreign exchange, has exacerbated this serious
economic situation. With the end of the drought, the
production of food crops recovered somewhat in 1986, but the

*The United States does not maintain diplomatic relations with
the People's Republic of Angola and thus has no diplomatic
personnel in country to monitor human rights conditions or
evaluate allegations of abuses.

ANGOLA

military conflict increasingly interfered with harvest and
distribution efforts. Angola has had to import 80 percent of
its food in recent years, at a cost of about $300 million a
year. Oil production and exploration continued, with new
discoveries reported in 1986 off the northwestern coast of
Angola.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The escalation of the war in Angola has resulted in numerous
allegations that government, UNITA, and South African forces
have killed civilians and that the MPLA and UNITA have executed
political prisoners. While it is difficult to substantiate the
various claims and counterclaims, available evidence suggests
that both government and UNITA forces have on occasion
arbitrarily executed prisoners. The fighting has also resulted
in hundreds of civilian deaths. Undoubtedly, some of these
deaths were inadvertently caused by military operations, but
others appear to have been deliberately perpetrated by opposing
forces to intimidate civilian populations. The MPLA and UNITA
have publicly and repeatedly accused each other of practicing
terrorism against their respective opponents, including killing
or maiming civilians. UNITA has charged that Cuban forces have
also been involved in attacks on civilians. Civilians also
have died as a result of guerrilla actions, such as attacks on
ground transportation. There are no reliable casualty figures,
but upwards of 10,000 persons may have lost limbs as a result
of indiscriminate mining.

b. Disappearance

There is no information to confirm that abductions, secret
arrests, or clandestine detentions are practiced by government
security agencies, or by UNITA, although both sides have
accused each other of such practices.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Allegations of torture and mistreatment made by both sides
appear to have some basis in fact. But torture of opponents
does not appear to be a systematic practice of either the
Government or UNITA.

Angolan prisons are overcrowded, with substandard diet and
sanitation, but these conditions seem to reflect the poor state
of the economy rather than deliberate maltreatment. There are
some unconfirmed reports that foreigners are not well treated,
but Americans who have been imprisoned in Angola appear to have
been relatively well treated and to have had access to medical
care.

Prison authorities reportedly have wide latitude in the
treatment of prisoners. Treatment of political prisoners at
the prisons controlled by the Ministry of State Security is
alleged to be harsher than treatment in the regular prisons.
Mistreatment reportedly includes physical intimidation,
including beatings and threats, and prolonged interrogation
with the use of force. Prison visits appear to be arbitrarily

ANGOLA

restricted in many instances. Foreign advisers, including
Cubans and East Germans, are involved in assisting Angolan
state security services and may be involved in helping to run
state security prisons. The Government continues to put
captured UNITA supporters on public display.

Very limited information is available on the situation and
administrative structure within UNITA-held areas. It is known,
however, that UNITA holds a number of foreign and government
prisoners, captured in the course of military operations, in
makeshift facilities in its areas of control in southeastern
Angola. There have been no reports that UNITA has mistreated
its prisoners. During 1986 UNITA cooperated with the
International Committee of the Red Cross (ICRC) in releasing
foreign prisoners, including some 200 hostages taken in March.
None of the released alleged mistreatment.

d. Arbitrary Arrest, Detention, or Exile

Two of the most persistently and frequently reported charges of
human rights violations have been arbitrary arrest and
imprisonment without due process. Numerous reports allege that
persons are arrested and imprisoned by the Government on
suspicion or denunciation by others and, in some cases, held
for years without being notified of the charges against them.
In its 1986 Report, Amnesty International judged that there
continue to be few safeguards against the arrest and detention
of political suspects by Government security services.

Under Angolan law, persons suspected of committing serious acts
against the security of the state may be held by the Ministry
of State Security without charge for an initial period of
3 months, renewable for a further period of 3 months. Such
detainees need not be presented to a judge within 48 hours of
their arrest, as otherwise stipulated in the code of criminal
procedure, and apparently have no right to challenge the
grounds of their detention. After 6 months in detention
without charge, the detainee must be informed of the
accusations against him, with the state security service either
informing the public prosecutor of the charges against the
suspect or releasing him. Once the case is presented to the
public prosecutor, there does not appear to be a specific time
limit within which a suspect must be brought to trial, and many
political detainees — the exact number is not known but may be
at least several hundred — have been held for years without
being tried.

The deterioration of the security situation has contributed to
the general deterioration of judicial safeguards and due
process. The Government has established regional military
councils throughout much of Angola. They are responsible
directly to President Dos Santos and have broad authority to
restrict the movement of people and goods, to requisition
people and goods without compensation, and to try crimes
against the security of the State. The Government has also
created "people's vigilance brigades" for urban areas, whose
powers are not clear but include general administration and
"protecting the people and ensuring public order and stability.'

During 1986 both sides reportedly relied increasingly on forced
conscription of young males for recruitment into the military
forces. In 1984 the Angolan Government was cited by the
International Labor Organization (ILO) in Geneva for being in
violation of ILO Convention 105, which prohibits forced labor.

ANGOLA

The basis of this citation is Angolan legislation still in
force providing for compulsory labor for breaches of labor
discipline and participation in strikes.

e. Denial of Fair Public Trial

The Constitution states that no citizen shall be arrested and
brought to trial except under the terms of the law, and it
guarantees the right of the accused to a defense. There is,
however, insufficient evidence to determine to what extent
these rights are observed in practice. Amnesty International
expressed concern in its 1986 Report that trials of government
opponents, notably in military tribunals, do not conform to
internationally recognized trial standards. In particular,
defendants reportedly were not given adequate opportunity to
present their defense or appeal their cases. Judicial lines of
authority are unclear, especially since the regional military
councils have been given responsibility for the trial of
offenses against the security of the State, including "economic
crimes." It is not known which trials are open to the public
and under what rules of procedure the various military and
civilian courts operate. The Constitution provides for a
People's Supreme Court, but its jurisdiction is not known.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Although the Constitution guarantees the inviolability of the
home and privacy of correspondence, the Government conducts
arbitrary searches of homes, censors private correspondence,
and monitors private communications.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of expression "in the
context of the achievement of the basic objectives of the
People's Republic of Angola." In fact, the Angolan people live
under censorship, intimidation and Government control of the
media. Opposition views are not tolerated, and critics such as
Bartolomeu Dias Fernandes, who was accused of "insulting the
Head of State," have been sentenced to long prison terms.

The Government is especially sensitive to criticism in the
foreign press. But in 1986 the Government began to allow the
travel of foreign correspondents to Angola in a controlled
flow. Angola subscribes to the "Front Line" States' ban on
accepting South Africa-based news correspondents. The
circulation of Western journals and periodicals in Angola is
tightly restricted.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is denied to any political group or
movement other than the MPLA. All other political movements
have been banned. There are numerous unconfirmed reports of
arrests of people who voice support of opposition movements or
alternative political systems. The people's vigilance
brigades, which have some law enforcement authority in urban
areas, and the martial law climate throughout the country tend
further to restrict freedom of assembly and association.

ANGOLA

The only trade union movement in Angola is the National Union
of Angolan Workers, which is controlled by the MPLA and is a
member of the continent-wide Organization of African Trade
Union Unity. Traditional labor union activities are tightly
controlled by the Government, and legislation ensures only a
single trade union structure. Strikes are prohibited by law as
a crime against the security of the State.

c. Freedom of Religion

Although the Constitution guarantees the inviolability of
freedom of conscience and belief and provides for separation of
church and state, the Government publicly emphasizes the
importance of propagating "atheism" and has been critical of
religious activities. The overwhelming majority of the Angolan
population is Christian, however, and the Government has not
moved to close down churches. Church services are regularly
held, and there is widespread attendance. Foreign and Angolan
missionaries are allowed to carry out their normal activities.
Reportedly, UNITA respects freedom of religion in the areas it
controls. But in 1986, UNITA several times captured foreign
missionaries, releasing them unharmed after publicly warning
them of the dangers of being caught in the war's crossfire.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

As a result of the increased fighting, the Government is
acutely security-conscious and has tightly restricted travel.
Indeed, travel by road in most areas of Angola is dangerous.
The Government has instituted a pass system within Angola, and
foreigners are generally prohibited from traveling outside the
principal cities. UNITA has publicly warned that it considers
all of Angola to be a war zone and that it cannot guarantee the
safety of persons traveling there.

Angolan citizens are allowed to travel abroad, but this travel
is carefully controlled by restrictions on issuance of
passports and exit visas and by currency restrictions.
Emigration is restricted. The Government limits travel to
Angola through a selective and stringent visa policy. Angola
is a party to the U.N. Protocol Relating to the Status of
Refugees. There are currently approximately 70,000 Namibian,
15,000 Zairian, and 9,000 South African refugees or displaced
persons in Angola. Since mid-1980, between 120,000 and 140,000
former Zairian displaced persons in Angola returned home under
the auspices of the U.N. High Commissioner for Refugees.

Approximately 200,000 Angolans have taken refuge in Zaire since
1975, and an estimated 100,000 have taken refuge in Zambia. Of
the estimated total of 400,000 Angolans who have left the
country since independence, the Government claims that 180,000
have returned, but this claim cannot be verified.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Citizens do not have the right to change their Government.
Angola is ruled by a small group of officials within the party
apparatus of the ruling MPLA. The Constitution provides for
popular participation in the political process, but political
activity is limited to participation in the MPLA or in one of
its controlled and sanctioned organizations such as its youth
wing, the Angolan Women's Organization, or the trade union
movement. Political power is centered in the elite membership

ANGOLA

of the Politburo and the somewhat larger central committee.
Party membership is very restricted, with fewer than 30,000
members out of a population of almost 8 million, according to
the official media.

The Constitution provides for a popularly elected National
People's Assembly, established in 1981, and people's assemblies
at the provincial and local level. However, despite recent
suggestions from President Dos Santos that the powers and
membership of the National People's Assembly be broadened, as
of the end of 1986 only candidates chosen and endorsed by the
party have been elected. Key members of the party also hold
leadership positions in the people's assemblies.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has allowed the ICRC and United Nations
International Children's Emergency Fund (UNICEF) to provide
food and medical assistance in areas it controls, and UNITA
allows the ICRC to conduct similar operations in areas it
controls or is contesting. The Government permitted the ICRC
to visit one South African prisoner in Luanda but did not
respond to ICRC requests for access to all persons arrested in
connection with internal events and the military situation in
the country. In its 1986 Report, Amnesty International reports
mixed success in receiving Government responses to its
inquiries and the information necessary to investigate possible
abuses and track outstanding cases.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Angola's population of about 8 million is growing at the rate
of 3 percent a year. Estimated gross domestic product per
capita in 1985 was approximately $540, but this reflects the
oil revenues from the Cabinda field and has little meaning to
the bulk of the population in the midst of civil war and in any
case has been stagnant. Many rural inhabitants have abandoned
the countryside to seek food and safety in urban areas, such as
Luanda, which have been overwhelmed by the influx. Given the
great poverty and hardship prevailing in most of Angola, it is
difficult to point to the possible effects of discrimination on
the basis of race, sex, religion, language, or social status.
For the average Angolan, life is nasty, brutish and short.

Both the MPLA and UNITA have primarily ethnic bases of
support — the MPLA among the Kimbundu, and UNITA among the
Ovimbundu. Members of all of Angola's ethnic groups and
religions, as well as women, participate in the MPLA, some at
high levels of the party. But non-Kimbundu groups are greatly
underrepresented in the small group within the ruling MPLA
central committee and politburo. Over the last year, several
prominent mesticos (Angolans of mixed racial background
numbering only about 1 percent of the population) in the ruling
MPLA have been removed from office or demoted. But mesticos
remain the most highly skilled and educated group and are
influential — politically, culturally, and economically — beyond
their numbers. Women and blacks were given more positions in
the top leadership by the 1985 Second Party Congress.

CONDITIONS OF LABOR

There is no information available on working conditions in
Angola .

U.S. OVERSEAS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: ANGOLA

1934

1935

1986

I.ECON. ASSIST.-TOTAL...

LOANS

GRANTS <

A. AID

LOANS ,

GRANTS

(SEC. SU°P. ASSIST.) .. ,

3. FOOD FOR PEACE ,

LOANS

GRANTS

TITLE I-TDTAL ,

REPAY. IN $-LOANS....,

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC. OEV I WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL,
LOANS ,

GRANTS ,

&.MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG.,
D.TRAN-EXCESS STOCK,
E. OTHER 3RANTS ,

III. TOTAL ECON. 3 '^IL-

LOANS ,

GRANTS

2.7

4.2

0.0

o.a

3.0

0,0

2.7

^.2

0.0

2.7

A. 2

0.0

2.7

4.2

0.0

O.D

3.0

0.0

2.7

4.2

D.O

2.7

2.2

0.0

2.0

0.0

OiO

3.0

0.0

O.D

0.0

3.0

0.0

0.3

0.0

3.0

0.0

2.7

4.2

0.0

2.7

4.2

0.0

OTHER US LOANS 84.8

0,
0,

.0
.0
.0

0.0

EX-IM BANK LOANS 34.8

ALL OTHER 0.3

0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-

-36

TOTAL.

33.1

1 .3

0,0

75.1

ISRO

J.O

0.0

IFC

0.0

IDA

3.0

0.0

ID3

0.0

AD3

3.0

0.0

AF03

31.7

1.0

. 0.0

47.5

UN OP

1.4

0.3

0.0

18.5

OTHER-UN

0.0

9.1

EEC

3.0

0.0

BENIN

Following independence from France in 1960, Benin experienced
political instability and numerous changes in government until
1972, when the army staged a decisive coup that brought the
present Government, headed by President Mathieu Kerekou, to
power. In 1974, the new leadership declared the establishment
of a Marxist-Leninist Government under the direction of a
single political party, the People's Revolutionary Party of
Benin. Despite the imitation of certain political structures,
Benin's Marxism thus far bears little resemblance to that of
the Soviet Union. The party itself is directed by a small
leadership group in which the influence of the military
remains important. It controls the selection of candidates
for the National Revolutionary Assembly and local government
bodies. The military hold 9 out of 15 cabinet positions.

Early efforts at radical political and social transformation
in the mid-1970 's encountered widespread resistance and
resulted in significant erosions of political and personal
liberties. An unsuccessful coup attempt in 1977 was followed
by a period of intense suspicion toward foreigners and
domestic critics. In recent years, however, the authorities
have exhibited greater tolerance of divergent social and
political views.

Benin is ranked as one of the world's 35 poorest countries;
its underdeveloped economy is largely supported by subsistence
agriculture (80 percent of the population lives in rural
areas), a small commercial sector, and recently oil
production, located offshore near Cotonou. Economic activity
has been hampered by the Government's efforts to institute
centralized controls. In 1985 mounting balance of payments
problems and rising debt service costs led the Government to
enter into negotiations with the International Monetary Fund
to reduce the number of state enterprises and to encourage
foreign private investment.

The human rights situation improved somewhat in 1986. There
was an absence of incidents which might have caused the
Government to use repressive measures. There were, however,
credible reports that approximately 15 students were arrested
at the National University in order to forestall anticipated
demonstrations.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of disappearance or secret arrests.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In its 1986 Report, Amnesty International noted reports that
soijie persons detained on political grounds in 1985 had been
tortured or ill-treated.

BENIN

Prison conditions in Benin are very poor. Sanitation
facilities are inadequate, there is overcrowding, and the food
supply is inadequate unless supplemented by food from friends
or relatives. Physical punishment reportedly occurs.

d. Arbitrary Arrest, Detention, or Exile

Benin's legal system provides for the review of detentions by
a court of law in all but a few sensitive political cases.
The Constitution states that no citizen may be arrested
without an order of arrest by an established judicial body.
In practice, however, persons have been detained, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. For example, the American
Association for the Advancement of Science has reported that a
Beninese physician, Afolabi Biaou, was arrested in November

1984 and has been detained without charge since that time.
Biaou was previously involved with the "Support Committee for
Former Political Prisoners" in Benin and was allegedly arrested
en route to the presidential palace where he had been summoned
for a meeting. Most of these arrests have occurred during
periods of political tension. Prior to his departure in
October to meet with Western European leaders. President
Kerekou ordered the release of about 50 prisoners held since

1985 for having participated in strikes. Lengths of
incarceration before trial are at the discretion of the
authorities. Although arrests are not publicized, no special
attempt is made to keep them secret.

There were no reports alleging the use of forced labor, which
is prohibited under Beninese law.

e. Denial of Fair Public Trial

Benin's judicial system is allowed to function independently
in all but sensitive political cases. In such instances,
detainees may or may not be permitted legal counsel or granted
a public hearing. There is no time limit with respect to
charging a defendant or bringing the accused to trial. In
recent years, the Government has used only the established
civilian "revolutionary court" system. These courts are
organized on provincial and national levels, and there are
plans for courts at the district level once sufficient judges
have been trained. The highest court of appeal is the Central
People ' s Court .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Although Benin's Constitution guarantees the inviolability of
the home and requires a warrant from a judge before the police
can enter a residence, there have been occasional unconfirmed
reports of forced entries in sensitive political cases. Other
reports indicate that security police monitor telephones and
the mail of suspected persons. There are no other known types
of interference with the home or family.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

With two exceptions, the local press, radio, and television
are all government owned and operated. The exceptions are a
.weekly paper published by the Catholic church and Echo, a
'monthly journal of opinion circulated throughout West Africa.

BENIN

While both deal with political issues, they do so with
circumspection. The official media carry only those stories
that are approved by or serve the interests of the
party-state. Opposition to government policies and open
criticism of the Government are not tolerated. Academic
freedom on nonpolitical issues, however, is permitted, and
there is normally no censorship of foreign books and artistic
works. Foreign radio broadcasts are readily available to much
of the population through shortwave radio. No attempt is made
to interfere with radio reception.

b. Freedom of Peaceful Assembly and Association

All meetings of a political nature must be sponsored by the
single political party. Although organized public opposition
to the Government itself is not permitted, there are numerous
examples of groups which have organized to protest specific
government policies or actions. In recent years, the
Government has welcomed the formation of a wide variety of
private social, service, and professional organizations
(including Lion and Rotary clubs), many of which maintain
active international affiliations. There is no known
persecution of professional groups.

Labor unions are organs of the party and unified under a
general labor organization, the Union Nationale des Syndicats
des Travailleurs du Benin (UNSTB) . Although controlled by the
Government, individual local unions negotiate with individual
employers on labor matters and represent workers' grievances
to employers and to the Government. The Government often
plays the role of arbiter.

Although the right to strike is not explicitly denied or
protected, it is clear that labor strikes are not sanctioned.
The Constitution of 1977 states that "union activities are
guaranteed to workers" but "must be used for the elevation of
the conscience of the proletarian class and for the
augmentation and continued development of production." When
labor actions occasionally occur in Benin (usually by students
rather than workers), they take the form of brief work
stoppages to protest such things as late salary or scholarship
payments .

c. Freedom of Religion

Christianity, Islam, and traditional religions all coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. With the exception of one group.
Celestial Christianity, which has been declared illegal by the
Government, there are no restrictions on religious ceremonies
or teachings, and religious conversion is freely permitted.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Domestic movement is not restricted. International movement
is controlled in that a passport and exit permission must be
obtained for travel to other than West African countries;
obtaining these documents, however, is not difficult.
Economic rather than governmental constraints usually preclude
travel outside the region. There are no restrictions placed
on residence within Benin, except for recently released
prisoners who may be subject to travel restrictions.

BENIN

Emigration is common in Benin. Many Beninese move to
neighboring countries to earn a livelihood without jeopardizing
their citizenship. Beninese living abroad are encouraged by
the Government to return home to help develop their country,
but only a small number have done so. By far the largest
group of displaced persons in Benin is Chadians who have fled
the fighting in their country. There are, according to the
United Nations High Commissioner for Refugees, about 3,300
displaced Chadians in Benin. Many of these are now
permanently settled in Benin, although they are free to return
to Chad if they wish.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Leadership is exercised by President Kerekou and a small group
of senior party officials, many of whom hold positions in the
Government. The electoral process allows for citizen
participation in the nomination of candidates for the National
Revolutionary Assembly, in theory the principal decisionmaking
body of the Government. Party membership is neither a
requisite for participation in this process nor for high
office or civil service employment. The final selection of
candidates for the single national slate, however, is made by
the party leadership. No opposition parties or slates are
permitted. The Assembly itself rarely takes issue with
policies formulated by the party leadership.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government considers any outside attempt to investigate
human rights practices to be interference in its internal
affairs .

On February 25, 1986, the Government of Benin deposited
instruments of ratification for the Organization of African
Unity Charter on Human and People's Rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Historically, Beninese women have played a major role in the
commercial sector as well as in small-scale family farming.
Women have not had the same educational opportunities as men.
Most boys now attend primary school, but only about one out of
every two girls is in the primary grades. Nevertheless, the
Government officially encourages new opportunities for women
and, while there are no women in ministerial positions, a
number of women figure prominently in executive level positions
in the presidency and in the various ministries. There are
two women on the central committee of the party. The ruling
party has a women's organization — the Organisation des
Femmes Revolutionnaires du Benin (OFRB) . As do other
specialized party organizations, the OFRB serves to transmit
party policy to its members. It also provides a channel for
women's views to be made known to the party leadership.

CONDITIONS OF LABOR

The Government has given vigorous support to policies designed
to improve the conditions of average workers in both the
industrial and agricultural sectors. It has, for example,
committed itself to the gradual extension of free or low-cost

BENIN

medical care and social services; legislated minimum wage
levels and occupational safety conditions; and established
procedures and mechanisms for the protection of worker rights,
including legislation prohibiting child labor. The Beninese
labor code establishes a 40-hour workweek and implicitly
defines a "minimum age" by authorizing participation in the
social security system beginning at age 14. The civil service
administration will not hire persons under 18. In many
instances, however, the Government's ability to enforce these
policies and regulations is limited by a shortage of
administrative and financial resources and by the need for the
entire family to farm subsistence plots of land.

U . S . 0 V E R S £ ft S

■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: aiNIN (DAHOMEY)

1954

1985

1986

I.ECON. ASSIST.-TOTAL.. .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

3. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

£. RELIEF. EC.OEV i WFP.

VOL. RELIEF AGENCY

C. OTHER SCON. ASSIST.. .

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL...

LOANS

GRANTS

4. MAP GRANTS

3. CREDIT FINANCING....
C.IfJTL MIL.E0.TRN3....
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. 5 MIL...

LOANS

GRANTS

3.0

3.2

1.5

0.0

3.0

3.2

1.5

0.0

0.4

0.2

0.3

0.0

0.3

3.4

0.2

0.0

1.9

1.5

0.0

1.9

1.5

0.0

0.3

3.0

0.0

1.9

1.5

0.0

0.5

0.7

0.0

1 .4

0.8

0.0

1.1

1.3

0.0

1.1

1.3

1.1

1.3

O.D

0.0

0.3

3.0

0.0

0.1

0.0

0.3

0.1

3.1

0.0

0.3

0.1

0.3

0.0

3.0

3.3

1.6

0.0

3.3

1.6

OTHER US LOANS. ...
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0
0.3

0.0
0.0
3.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL. ...

IB?D

IFC

IDA

103

A03

AFOB

UNDP

OTHER-UN

ESC

41.8

30.9

11.9

434.3

0.0

D.O

0.0

35.4

5.0

11.9

225.5

0.0

O.D

0.0

3.0

9.5

. 0.0

83.9

3.2

2.9

0.0

31.2

3.2

0.0'

0.0

9.4

0.0

13.5

0.0

34. 3

BOTSWANA

Botswana is a multiparty democracy with free elections, an
independent judiciary, a small police force, and a well-
disciplined army subservient to civilian authority. Under the
Constitution, executive power is vested in the President,
chosen in a national election for a 5-year term, most recently
in 1984. The President, currently Quett K.J. Masire, selects
the Cabinet from the National Assembly. One party continues to
dominate the country's politics: the Botswana Democratic
Party (BDP) has held a majority in the National Assembly since
independence and at the end of 1986 controlled 30 of 34
elective seats.

Botswana encourages private enterprise and free trade. All
citizens, including those whites who accepted Botswana
citizenship, are free to participate in the economic and
political life of the country. Exploitation of the country's
mineral resources has stimulated economic development, and per
capita gross domestic product increased from $69 in 1966 to
$950 in 1986. Despite this progress, about 75 percent of the
population is dependent on subsistence agriculture and live in
rural areas.

Botswana's human rights record generally remains good.
Citizens receive equal protection under the law; domestic
political violence is unknown; public debate, including that
in the press, is lively; and several women hold positions of
importance in the public and private sector. However, Botswana
suffered increasing pressure from neighboring South Africa in
1986, which resulted in the Gaborone Government adopting a
strong National Security Act, greatly enhancing the powers of
the Attorney General and the police force in national security
cases. As of August, 110 people had been arrested under this
Act.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The Government has never been accused of involvement in
political killings. There is no guerrilla or insurgency
activity directed against the Government. However, South
Africa's May 19 commando raid killed one person, and a June 14
shooting incident (on the anniversary of South Africa's first
raid on Gaborone) killed another, for which Botswana officially
blamed the South African Government. No summary executions
have occurred in Botswana.

b. Disappearance

The Constitution provides for the protection of personal
liberty. However, the new National Security Act grants the
Government the authority to hold detainees incommunicado on
security grounds. Botswana's Chief of Police has lessened the
full impact of this law by periodically stating publicly how
many people have been arrested in connection with security
matters. Most of those arrested have been South Africans who
were temporarily detained for attempting to bring guns or
contraband into Botswana without a permit. There was no
evidence that this law led to the disappearance of any
detainees .

BOTSWANA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports of improper treatment by the police of
criminals or criminal suspects during 1986. Prison conditions
allow for adequate diet, health care, and visits from family
members. Jails in Botswana can be crowded and inmates who have
no relatives to see to their needs may encounter difficulty in
arranging for maintenance. Flogging is permitted for
infractions of prison rules and is mandatory punishment for
rape, attempted rape, armed robbery, burglary, housebreaking,
and related offenses. Traditional tribal courts presided over
by a chief, where jurisdiction is limited to minor offenses,
may also sentence individuals to be flogged.

d. Arbitrary Arrest, Detention, or Exile.

The Botswana Constitution contains a provision protecting
citizens from arbitrary arrests. This provision still applies
despite the passage of the new National Security Act.
Preventive detention is illegal, and habeas corpus exists both
in law and practice. Police are required to bring a suspect
before a magistrate for charging within 48 hours of his arrest.
There is a functioning system of bail, and defendants have
access to lawyers of their own choosing. In security cases,
the suspect must be arraigned within 96 hours of his arrest.
In nonsecurity cases, suspects must be released after 48 hours
unless the magistrate issues a warrant of detention which is
valid for 14 days. Every 14 days the police must appear
before the magistrate and show they are making progress in the
case. To date there have been no known abuses of this system.

Forced labor is illegal in Botswana and is not practiced.

e. Denial of Fair Public Trial

The right to a fair public trail is provided by law and honored
in practice; trials involving national security, however, may
be closed to the public. Defendants are entitled to counsel;
consultation between defendants and counsel may be held in
private. There are clearly defined appeal procedures. The
judiciary is independent of the executive and the military and
consists of a High Court, Court of Appeals, magistrate courts,
and customary courts. The High Court has ruled that there
exists the right against self-incrimination in the courts.
Moreover, silence cannot be construed as guilt, and the burden
of proof remains with the prosecution except in security
matters. Since no case has yet been tried under the National
Security Act, legal practice under its provisions is not yet
clear. There are no political prisoners in Botswana.

Botswana created a customary court of appeal in 1986,
permitting cases tried in the traditional court system (which
exists alongside the magistrate's courts) the right to appeal
judgments in familial and property cases. About 100 cases were
heard in this court during its first 6 months of existence.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

These rights are safeguarded by law and respected in practice.
A search warrant issued by a magistrate is required for an
official to enter a private residence, except in cases of
suspected diamond theft, drug trafficking, or national security
matters. There were no reported instances in which this

BOTSWANA

authority was used for diamond or drug related cases in 1986,
and the Government did not state whether the powers of search
contained in the new National Security Act were used.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and of the press are guaranteed by the
Constitution and are respected in practice. The government-
owned newspaper and radio continue to report statements by all
opposition parties. Three independent weekly newspapers
publish articles on a wider range of views than the government-
owned media. Reporting on several sensitive political issues
during 1986 demonstrated that the independent press has
continued to evolve. This development, along with an effective
judiciary and a functioning democratic political system,
combine to insure freedom of speech and of the press.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is a well-established tradition in
Botswana, exemplified by the kgotla, a communal gathering
similar to a New England town meeting in which citizens freely
question leaders and voice opinions on local politics. Kgotla
meetings are used regularly by political candidates and
members of Parliament, including Ministers, to explain their
programs to the people. Large gatherings require local police
approval, which is routinely given. Demonstrations are
permitted so long as order is maintained. Organizers are
required to submit a detailed plan for any demonstration and
are personally responsible for ensuring that the plan is
followed.

Unions have the right to organize, to bargain collectively,
and to strike after exhausting established procedures, which
require that the Goverrunent be invited to arbitrate the
dispute. In practice, strikes are very rare and the wildcat
strike in the banking sector in late 1986 was quickly settled.
Unions have chafed under goverrunent regulations which prohibit
financial contributions to unions from outside Botswana and
require that all union leaders continue to work full-time in
the trade their union represents, thus preventing employment
of paid, full-time union organizers. Unions are important in
the country's largest industries (mining-related) but have not
yet developed a base in other sectors of the economy.
Completely independent of government control or party
affiliation, unions in Botswana actively represent their
members. Unions associate freely with international
organizations, and members attend international conferences.
The Botswana Federation of Trade Unions (BFTU) is affiliated
with the International Confederation of Free Trade Unions and
is also a member of the Organization of African Trade Union
Unity and the Southern African Trade Union Coordination
Council (SATUCC).

In March 1986, the Government canceled the residence permit of
the Malawian Executive Secretary of SATUCC. The organization
relocated its headquarters outside Botswana. While the
Government gave no reason for its action, critics of its labor
policy claim the expulsion was designed to limit foreign labor
assistance to Botswana's trade unions as part of a policy of
restraining organized labor.

BOTSWANA

c. Freedom of Religion

Open practice of religion is permitted and encouraged. There
is no state religion. While most residents identify
themselves with Christian sects, active groups of Muslims,
Hindus, Baha'is, and others practice their faiths freely.
Religious affiliation is neither an advantage nor disadvantage
politically or socially. Religious conversion is permitted,
and missionaries are allowed to enter the country and
proselytize. Foreign clergy are also permitted to enter
Botswana and to serve expatriate congregations.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.

Botswana citizens are subject to virtually no restrictions on
emigration or repatriation. Domestic and foreign travel are
unrestricted and passports are easily obtained. Refugees
documented by the United Nations High Commissioner for Refugees
(UNHCR) are generally required to live in the settlement at
Dukwe in northern Botswana where conditions are relatively
good, due mainly to contributions of international donor
organizations. Refugees may be authorized to live elsewhere
for reasons such as employment or schooling. As with other
foreigners in Botswana, refugees are not permitted to accept
jobs which could be filled by a local citizen. Due to
allegations from some neighboring countries that refugees are
using Botswana as a sanctuary in which to pursue activities
against the governments of their respective home countries,
Botswana has declared that Dukwe residents found outside the
camp without permission will be considered to have abandoned
refugee status and will be repatriated as a deterrent to
questionable activities by other refugees.

In June 1986, Botswana's Minister of Presidential Affairs and
Public Administration P.H.K. Kedikilwe (who holds the
portfolio for refugee matters) reiterated Botswana's
determination to continue to accept refugees despite the
pressure by South Africa to cease. The Minister stated that
Botswana would increase the screening of refugee applicants to
make sure that the applicants have no ties to the African
National Congress (ANC) or the Pan-Af r icanist Congress (PAC).
Over 600 Zimbabwean refugees voluntarily returned home from
Botswana during 1986. However, Botswana involuntarily
repatriated one Zimbabwean, Makhatini Guduza, in February. In
explaining this repatriation, Presidential Affairs Minister
Kedikilwe stated that Botswana had "irrefutable evidence
indicating Guduza s direct involvement in hostile activities
against the Government of Zimbabwe," which he claimed
constituted a violation of Guduza' s status as a refugee.
Kedikilwe added that Botswana had sought a country of second
asylum for Guduza without success.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government .

Botswana is ruled by a goverrment genuinely elected by its
people. In the 1984 national election (the fifth since
Botswana became independent), an estimated 70 percent of the
eligible voters registered, and 86 percent of the registered
voters actually cast their ballots. In 1986 Botswana held an
important by-election in which an opposition party candidate
won by a sizable majority despite a hard-fought campaign by
the country's ruling party.

BOTSWANA

There are five parties in Botswana, three of which are
represented in the country's National Assembly. Opposition
parties now control three city councils in the country,
including Gaborone, Jwaneng, and Francistown. However, one
party, the Botswana Democratic Party (BDP), continues to
dominate the country's politics, having held a majority in the
National Assembly since independence in 1966.

The political rights of women and minority groups are generally
observed. For example, there are two female members of
Parliament, one the Minister of External Affairs, the other
the executive secretary of the majority party. Several
members of minority ethnic groups are also represented in the
National Assembly; one white member of Parliament is also a
cabinet minister, and the Speaker of the National Assembly is
white. Several cabinet ministers are of Kalanga or Bakgaligadi
descent .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Botswana cooperates with international agencies concerned with
human rights, most notably the UNHCR which maintains offices
within Botswana. There are no Botswana-based organizations
set up to observe, report, or contest human rights violations.
The Government consistently has responded promptly and
forthrightly to inquiries on the human rights situation in
Botswana but usually refrains from public comment on alleged
human rights violations in neighboring countries. However,
Botswana condemns apartheid and advocates positive
socioeconomic development in South Africa.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While 95 percent of the population is made up of the Batswana
tribe, there are eight subgroups, and ethnic differences do
exist in Botswana., though they play a marginal role in the
country's politics. Only the approximately 50,000 Basarwa or
Bushmen remain generally unrepresented in government. Because
the Basarwa live primarily in remote, rural areas and have
little contact with the population centers of Botswana, the
Basarwa remain relatively unaffected by government educational
and economic assistance programs and, consequently, have
participated only marginally in the country's political life.
The Government does not oppress or deny them rights, and they
have full rights of suffrage.

Women hold approximately 24 percent of the paid jobs in
Botswana. An estimated 41 percent of central government
employees are women, many of them, as noted, in high-level
positions. While there is little overt discrimination,
statistics suggest that social custom elevates the perquisites
and privileges of men above those of women. Some 4 0 percent
of rural households are headed by women. Generally speaking,
women's economic opportunities — access to capital, labor,
draft animals, seeds for farming — are significantly worse than
those of men. Women may choose between civil marriage, in
which all property is held in common, or customary marriage,
which recognizes individual property brought to a marriage.
Most women are not aware of the implications of these
alternatives, however. Often a married woman is unable to
obtain a bank loan without the signature of her husband, and
likewise an unmarried woman must obtain the signature of her

BOTSWANA

father. The Government has assisted in the publication of a
women's rights handbook, and has established preference points
for women seeking government-sponsored development loans.

CONDITIONS OF LABOR

Botswana law prevents the employment of children 12 years and
younger by anyone except members of the child's immediate
family. No juvenile under the age of 15 can be employed in
industry, and only those over 16 can be employed in night work,
No person 16 or younger is permitted to work in hazardous
jobs, including mining. Women are not permitted to work at
night (except on an emergency basis in agricultural work) and
are not permitted to work as miners. Moreover, Botswana law
protects young people from recruiters for jobs outside the
country. The law also provides for minimum working standards,
including job safety, maximum working hours per week, and a
minimum wage. For some jobs during certain seasons, Botswana
law permits a workweek longer than 48 hours (such as in
agriculture during the harvest season).

66-986 0-87-2

U.S.0VERSE4S

■LOANS AND GRANTS- OBLIGATIONS AND- LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

CO'JNIRY: BOTSWANA

1934

1935

1986

I.ECON. ASSIST
LOANS. .. .

.-TOTAL.. .

GRANTS

A. AID

LOANS

GRANTS

(SEC. SU=»P. ASSIST.) ...

B.FOOD FOR PEACE

LOANS....

GRANTS

TITLE I-TDTAL

REPAY. IN t-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAl

E. RELIEF. EC.

VOL. RELIEF A

C. OTHER EC ON.

LOANS ... .

DEV 5 WFP.
GENCY

ASSIST. . .

GRANTS

PEA
NAR
OTH

CE CORPS,
COTICS...
ER

II. MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

l.MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL.ED.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS ,

20.3

23.7

16.5

0.0

20.3

23.7

16.5

10.8

10.1

13.7

0.0

10.3

10.1

13.7

0.8

10.1

10.7

8.0

11.7

0.0

8.0

11.7

0.0

8.0

11.7

0.0

8.0

11.7

0.0

1.5

1.9

2.3

O.D

0.0

1.5

1.9

2.8

1 .5

1.9

2.8

0.0

3.0

0.0

9.2

9.3

3.7

7.0

5.0

0.0

2.2

4.3

3.7

2.0

4.0

3.4

7.0

5.0

0.0

0.2

0.3

0.0

29.5

33.0

20.2

7.0

5.0

0.0

22.5

28.0

20.2

OTHER US LOANS 0.3

3,
0,
0,

.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

50.1

52.4

43.6

403.8

IBRD

45.3

10.7

.33.6

265.8

IFC

0.0

0.8

IDA

0.0

14.8

ID3

0.0

, 0.0

ADB

0.0

AFD3

0.0

41.0

0.0

72.3

UNDP

0.8

0.7

0.0

16.8

OHER-UN

3.0

0.0

2.8

EEC

4.0

0.0

10.0

35.5

BURKINA FASO

Burkina Faso, one of the poorest countries in the world, is a
victim of frequent drought and political instability. In
August 1983, Captain Thomas Sankara took power as President of
Burkina Faso and of the National Council of the Revolution
(CNR), Burkina's main forum for political decisions, in the
country's third military coup since 1980. No political party
activities have been permitted since 1980, and there are no
indications that the country will return to constitutional
rule. Instead, the Government uses a network of Committees
for the Defense of the Revolution (CDR) , organized at national,
regional, and local levels, to mobilize the population and
promote its revolutionary goals.

Burkina Faso is overwhelmingly tied to subsistence agriculture,
with 90 percent of the population living in rural areas. The
economy is highly vulnerable to fluctuations in rainfall.
Drought, lack of communications and other infrastructure, a
low literacy rate, and a stagnant economy are all longstanding
problems .

There was improvement in the human rights situation in Burkina
Faso in 1986, and the Government amnestied all prominent
political detainees. The confrontation between the Government
and labor eased. However, arbitrary arrests and brief
detentions without charges or trial of potential political
opponents continued, albeit in diminished numbers. Trials of
businessmen and civil servants continued, almost exclusively
on fraud and corruption charges, outside the traditional
judicial system in People's Revolutionary Courts where
defendants had no recourse to legal counsel. Civil servants,
military, and police accused of lack of enthusiasm for the
revolution continued to be dismissed for reasons ranging from
misconduct to laziness, although in lesser numbers than during
1984 and 1985.

Mali and Burkina Faso fought a 5-day border war in late
December 1985 over the long disputed Agacher strip, potentially
rich in mineral resources. Tensions between the two countries
remain high, but a ruling from the International Court of
Justice at the end of 1986 won praise from both countries,
which have publicly vowed to abide by it. Prisoners from the
December border war have been repatriated.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings.

b. Disappearance

There were no reports of politically motivated disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports of torture in 1986, but there were
several allegations of degrading treatment of detainees.
Anonymous tracts alleged that certain students, trade union
members, and teachers had been detained without charge and
manhandled by security authorities.

BURKINA FASO

Prison conditions are poor, in part because of the material
poverty of the country.

d. Arbitrary Arrest, Detention, or Exile

Reports of arbitrary arrest, followed by detention for several
days without charge, continued in 1986. In many cases, these
appear to have been initiated by poorly trained CDR security
patrols. The law permits preventive detention without charge
for a maximum of 72 hours, renewable for a single 72-hour
period in criminal cases. This law is generally followed in
practice but with frequent exceptions for both Burkinabe and
foreign nationals, especially in political cases. In cases of
emergency or national security the military code overrides the
civil code. Military code procedures provide for continued
detention beyond 72 hours. For example, at least two suspects
in a June 1985 ammunition dump explosion case were imprisoned
for over 1 year without trial.

On August 4, Burkina Faso's national day. President Sankara
amnestied all remaining suspects in the June 1985 incident
plus a number of former ministers. Several prominent
political personalities such as former President Colonel Saye
Terbo, however, remained under a loose form of house arrest.
Paul Rouamba, former ambassador to the U.S. and Ghana, remained
imprisoned.

Several prominent intellectuals, military officers, and former
government officials remained in self-imposed exile. Several
times during late 1985 and in 1986, President Sankara publicly
appealed to all exiles to return home, promising a place for
them in Burkina Faso's struggle for economic development.

Forced or compulsory labor is prohibited by the labor code and
is not known to be practiced.

e. Denial of Fair Public Trial

During 1986 the people's revolutionary courts, created in late
1983 with jurisdiction over state security and political
crimes, heard cases involving primarily public corruption.
The court president is a magistrate appointed by the Government
to head the tribunal which is composed of magistrates, military
personnel, and members of the Committees for the Defense of the
Revolution. The court president asks questions directly of the
defendant. There is no role for a public prosecutor, and the
accused has no right to consult counsel during the session.
Witnesses can be called by the court, or they can present
themselves to give testimony. In 1986 these courts were used
extensively but only in corruption and embezzlement cases.

President Sankara has said these people's courts should be
viewed as a permanent part of the country's judicial system,
and the Government is considering an expansion of such courts.
The Government has already organized a series of similar
tribunals to hear minor cases at the village, department, and
province levels. Most of the judges in these courts are
popularly elected. The Government's oft-stated aim in
establishing these "popular" courts is to ensure fair access
to justice for an overwhelmingly illiterate, impoverished
population .

Meanwhile, the regular judiciary, patterned after the French
system, has continued to function for criminal and civil cases.
Defendants traditionally receive a fair trial and are

BURKINA FASO

represented by counsel. However, the fact that some of those
amnestied in 1986 were never tried, and most were sentenced on
corruption charges by the people's revolutionary courts,
illustrates the unlikelihood of a political detainee ever
being brought to trial in the French-based legal system.
Under the Government's reorganization program, the regular
judiciary will likely be limited to responsibility for
business and commercial law. The people's revolutionary
courts will probably expand their competence in political and
criminal cases.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Government authorities are not known to interfere in the
privacy, family, home, or correspondence of ordinary citizens.
Homes may be searched only under authority of a warrant issued
by the Attorney General, a procedure generally followed in
practice. There is no regular monitoring of private
correspondence or telephones. However, in national security
cases a special law permits surveillance and search of homes
and persons and monitoring of telephones and correspondence
without a warrant. This law has been used against individuals
suspected of participation in coup plots.

The Government encourages participation in the Committees for
the Defense of the Revolution (CDR) . While there is little
discrimination against those who choose not to become
involved, vigorous participation in CDR activities helps in
obtaining civil service appointments and promotions. The
Government considers opposition to activities of the CDR's to
be political opposition, which can lead in serious cases to
such measures as discharge from the civil service.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

While there is no formal government censorship, the high pitch
of revolutionary rhetoric, with its frequent references to
enemies of the state at home and abroad, inhibits both
government-employed journalists and ordinary citizens from
taking advantage of their theoretical right to express critical
views. The same inhibition, further stimulated by some sudden
dismissals from government service and by reports of arbitrary
arrest, continued to dampen a lively tradition of debate on
political topics. University professors and administrators
have been criticized for "elitism" and dismissed for alleged
counterrevolutionary tendencies, although others have expressed
critical views without government retaliation. University
students are now subject to political education.

Under the control of the Minister of Information, the media,
which consist of a daily and a weekly newspaper, two weekly
magazines, and a government-operated radio/television station,
are almost entirely government owned. There is no serious
criticism of the Government in the media, which are charged
with carrying official news to the people while defending the
revolution. There are occasional government-authorized
criticisms made of the performance of individual officials.
Something approaching political criticism is found in a new
satirical weekly, run by the Government itself, which
concentrates on relatively harmless foibles of political
leaders, including the President. Foreign newspapers and
magazines continue to enter the country freely. Foreign

BURKINA FASO

journalists travel and file stories without censorship or
hindrance and enjoy easy access to government officials.

In the arts, movies are subject to censorship by a review
board which includes religious authorities as well as
government officials. During 1986 a wide variety of American,
French and other foreign films were shown. In 1986 there were
no instances of political censorship of movies. There is no
interference with international radio broadcasts.

b. Freedom of Peaceful Assembly and Association

Political parties are banned and administrative permission is
generally required for assemblies of any kind. Nonpolitical
associations for business, religious, cultural, sporting, and
other purposes are allowed and experience no difficulty in
obtaining permission to meet.

Organized labor continues to be an important force in Burkina.
There are four labor federations — of which the largest is
affiliated with the International Confederation of Free Trade
Unions. There are also a number of autonomous unions. The
federations take turns representing organized labor at the
International Labor Organization meetings and participate in
African regional labor meetings as well.

Unions have the right to bargain for increased wages and other
benefits within a specific bargaining unit such as a company
or factory. They represent the interests of their members in
the private and public sectors, as well as before the labor
inspection service of the Government and before the courts.
All unions jealously guard their independence from the
Government. Organized labor has the formal right to strike,
but the present Government has greatly restricted this right
in practice.

The 1985 confrontation between the Government and labor eased
in 1986. There were no known suspensions from public
employment of union leaders, as occurred in previous years.
A prominent Marxist trade union leader, Soumane Toure, was
released from detention on October 2, leaving no known trade
union leaders in prison. There were no indications that
existing labor organizations would be brought under government
control or replaced by a national labor federation.
Jurisdictional conflicts with the CDR's diminished. President
Sankara indicated he wishes to maintain a dialog with all
Burkinabe trade unions.

c. Freedom of Religion

Burkina Faso is a secular state, and there is no discrimination
discrimination on religious grounds. Islam and Christianity
exist side by side, with about 25 percent of the population
being Muslim and 10 percent Christian. The remainder practices
traditional religions. Both Muslim and Christian holidays are
recognized as national holidays. Social mobility and access
to modern sector jobs are neither linked to, nor restricted
by, religious affiliations.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travelers within Burkina Faso are often stopped at police,
army, and internal customs checkpoints. Moreover, armed CDR
units maintain checkpoints between 1:00 a.m. and 5:00 a.m.,

BURKINA FASO

though these checks diminished in frequency during 1986.
Foreign travel for business and tourism is not restricted.
Exit permits, once used to limit movements of workers to
neighboring countries, particularly to the Cote d'lvoire where
1 million or more Burkinabe continue to reside and work, are
no longer required. Refugees are accepted freely in Burkina
Faso and attempts are made to provide for their care in
cooperation with the United Nations High Commissioner for
Refugees. The Government cooperated with the International
Committee of the Red Cross (ICRC) in allowing ICRC visits to
prisoners of war following the 5-day war with Mali and in
facilitating emergency assistance to some 4,000 displaced
persons .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Supported by the military. President Thomas Sankara rules in
the name of the National Council of the Revolution (CNR), the
composition of which has never been disclosed. There is
neither a legislative body nor any recognized political
opposition group. In consultation with the CNR, Sankara
appoints his Cabinet, which currently consists of 23 posts, 4
held by military personnel and the rest by civilians,
including 5 women. The Government has not given any hint of
plans for elections or for a return to constitutional
government .

In November 1985, the CNR created a hierarchy of commissions
bringing together CDR officials, government ministry
authorities, and provincial authorities culminating in a
special commission chaired by the President himself that first
met in September 1986. These commissions are apparently
intended to ascertain what the population needs and to guide
the administration in providing it. They are only beginning
to function; their political role is not yet clear. The
Government is the largest employer and uses its control over
jobs to ensure political support. The number of dismissals on
political grounds was significantly lower in 1986 than in 1985.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

A government-supported organization lobbies against the South
African apartheid system and other racial oppression, but it
makes no effort to look into domestic human rights issues or
foreign practices other than racial discrimination. The
Government has made no attempt to hinder the activities of
international human rights organizations. It denied reports
by Amnesty International in its 1986 Report (covering 1985)
which stated that several alleged political opponents of the
Government had reportedly been severely tortured, including by
electrical shocks, and that one person may have died as a
result of this torture.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Minority ethnic groups are as likely to be represented in the
inner circles of the Government as are the dominant Mossi, who
comprise 50 percent of the population. Government decisions
do not favor one ethnic group over another. One announced
reason for the increase in administrative regions from

BURKINA FASO

11 to 30 since the August 1983 coup was to improve access of
minority groups to local administrative authorities.

The role of women in Burkina Faso is still limited by the
cultural orientation of a rural African society. For example,
male children attending school outnumber female children by
about two to one. The Government has emphasized its strong
commitment to expanding opportunities for women, including
educational opportunities. The Ministry of Family Progress
plays a leading role in promoting greater participation by
women in the nation's economic, social, and political life.
In addition to the five women ministers in the current
Cabinet, women have been appointed high commissioners in
several provinces, and women have been named as magistrates in
the judicial system.

CONDITIONS OF LABOR

The labor code sets the minimum age for employment at 14, the
average age for completion of basic secondary school.
However, the Government lacks the means to enforce this
provision adequately, owing to the large number of small
family subsistence farms, and the traditional apprenticeship
system. A minimum monthly wage of about $75 and a maximum
work week of 48 hours are stipulated by the labor code, as are
safety and health provisions within the capabilities of the
country's relatively small nonagricultural sector. A system
of government inspections and labor courts ensures that these
provisions are applied in the industrial and commercial
sectors, but they have been impossible to enforce in the
dominant subsistence agriculture sector.

U.S. OVERSEAS

•LOHHS AND GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRT: BURKINA

1 934

1935

1936

I.ECON. ASSIST.-TOTAL...

LOANS

GRANTS

A. AIO

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

B.FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN ^-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

£. RELIEF. EC.OEV 5 WFP,

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL.

LOANS ,

GRANTS ,

4. MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL.ED.TRNG. ,
D.TRAN-EXCESS STOCK,
= . OTHER GRANTS

III. TOTAL ECON. S >ML

LOANS

GRANTS

17.6

26.7

16.2

o.a

0.0

17.6

26.7

16.2

0.0

7.6

14.9

0.0

7.6

14.9

0.0

16.1

17.6

0.0

3.0

0.0

16.1

17.6

0.0

16.1

17.6

0.0

6.6

4.4

0.0

9.5

13.2

0.0

1.5

1.3

0.0

1.5

1.3

1.5

1.3

0.0

0-. 3

0.0

3.0

0.0

0.3

3.0

0.0

0.3

0.0

0.3

0.0

17.6

26.7

16.2

0.0

17.6

26.7

16.2

OTHER US LOANS. .. .
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.0
0.0

3.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-36

TOTAL

49.1

64.5

Q..0

591.6

IBRD

3.0

0.0

3.0

IFC

0.0

0.5

IDA

7.4

51.9

0.0

31 5,. 4

ID3

0.0

AOS

0.0

AFDB

41.4

1.4

. 0.0

95.2

UNOP

0.3

1.2

0.0

53.0

OHER-UN

0.0

O.D

0.0

16.1

EEC

0.0

0.3

0.0

111.4

BURUNDI

The Republic of Burundi is a one-party state led by President
Jean-Baptiste Bagaza, an army colonel who came to power in
1976 through a bloodless coup. The role of the military in
the Government is still influential but has steadily declined
in day-to-day governance as Bagaza has appointed civilians to
most key government positions. The National Party for Unity
and Progress (UPRONA) is the only signficant political entity
in Burundi. As head of the party and the Government,
President Bagaza has a dominant policy role. He also has
certain decree powers and appoints and dismisses judges. The
dominance of the minority Tutsi over the majority Hutu ethnic
group is the central political and social reality of Burundi
which continues today through Tutsi control of emerging
political institutions and the military. However, Bagaza has
instituted a policy of tribal reconciliation and has appointed
Hutus to all levels of government, which reflects an
improvement in representation in the Government over past
years .

The armed forces maintain law and order. In addition, there
is a regular police force responsible for civil and criminal
offenses and a separate force of security police responsible
primarily for internal state security, including the
monitoring of dissent. The State Security Police have the
same powers of arrest as the regular police and are subject to
the same process of judicial review of detentions.

Burundi is a very poor country with one of the highest
population densities in Africa. Most Burundi earn their
livelihood as subsistence farmers working small, privately
owned plots. The small monetary economy is based on coffee,
which accounts for 85 percent of foreign exchange. Recent
gains made in food production and agriculture have been
largely offset by the high population growth rate.

Although there were some positive developments in the human
rights scene in Burundi in 1986, the overall picture was
clouded by the Government's intensified crackdown on freedom
of religion. The Government seized six Catholic seminaries
and all the property attached to them, suspended the
church-run literacy classes, and closed the church in one
Catholic parish. In addition, there were new arrests of
priests and catechists accused of criticizing the Government,
and missionary expulsions intensified. The Government
released 47 Seventh-Day Adventists who had been imprisoned for
refusing to perform community work on Saturday mornings.
However, later in the year, two other Adventists were arrested
for the same reason.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no allegations of killings for political motives or
reports of summary executions.

b. Disappearance

No disappearances caused by the Government or by other groups
were reported. Prison authorities reportedly could not
account for all persons who had been detained, but whether

BURUNDI

those unaccounted for died in prison, escaped, or were
released remains to be determined.

c. Torture and Cruel, Inhuman or Degrading Treatment or
Punishment

Torture is forbidden by law, but cruel treatment of suspects
or detainees has occurred in the form of beatings at the time
of arrest or interrogation. The Government admits that
isolated instances of abuse of prisoners by prison guards or
officials do occur but insists that those responsible for such
abuses are punished when discovered. In fact, two ranking law
enforcement officials were sentenced to 6-year prison terms in
1986 for torturing a man to death during his interrogation.

Prison conditions are severe due to overcrowding and lack of
adequate hygiene, medical care, and food. Prisoners are
segregated according to the nature of their crimes, are
allowed regular family visits, and participate in
rehabilitative work programs, including agricultural
production. Due to inadequate prison budgets, food rations
are very limited, and there have been several reports of
deaths in prison from starvation. Families are encouraged and
expected to provide supplemental food and other personal items
to their imprisoned relatives. The Government admits that
this is a serious problem in the prisons and it is trying to
improve conditions.

d. Arbitrary Arrest, Detention, or Exile

In theory, police officers are empowered to detain suspects
without an arrest warrant but must submit a written report to
the public prosecutor's office within 24 hours. The public
prosecutor exam.ines the report and can either order the
release of the detainee or issue an arrest warrant valid for
5 days. The public prosecutor must then state the charges
before a magistrate in the presence of the detainee. The
magistrate either releases the detainee or issues orders
confirming the detention, initially for 15 days and
subsequently for 30-day periods as necessary to prepare the
case for trial. Bail is set only in cases of embezzlement or
similar crimes involving financial wrongdoing.

However, the prescribed procedures for arrest and imprisonment
are not always followed. The elapsed time between an arrest
and the notification of the public prosecutor often extends to
several days, and detainees do not always appear before a
magistrate within the allotted 5 days from arrest. In most
cases, a judicial review of the arrest usually takes place.
Relatives or consular representatives are almost always made
aware of arrests or detentions, generally at the time of
incarceration, and detainees are usually permitted to go to
their homes prior to being brought to the place of detention.

The Government does not exile its nationals. Citizens of
other countries suspected of criminal activity or lacking
proper residency documents are expelled.

Forced or compulsory labor is not permitted under current law,
but most citizens are expected to perform community service on
Saturdays .

BURUNDI

e. Denial of Fair Public Trial

The judiciary's independence is limited by the requirement to
adhere to the guidance and recommendations of the party, the
Government, and the President. Judges are appointed by and
serve at the pleasure of the President. Nevertheless, there
is a high degree of autonomy in the court's daily
administration of justice, and a number of procedural
safeguards are generally observed. Though court decisions
cannot be overturned by the executive branch, the President
has the power to pardon or reduce sentences .

Burundi has separate court systems to deal with military,
civil/criminal, and state security cases. Military tribunals
have jurisdiction only over military personnel. The State
Security Court has jurisdiction over both civilian and
military personnel, and its proceedings need not be made
public. As of the end of 1986, this court had not been used.
Burundi law provides the right to counsel, and indigents are
provided defense counsel by the State. Pretrial proceedings
may involve lengthy investigations. The public prosecutor's
office generally dismisses cases where the evidence in support
of the charges is weak and only proceeds to trial when it
believes guilt has been established.

During the past 6 years, the Government has taken steps to
improve the judicial system, and the 1984 Party Congress
recommended additional judicial reforms. New courts have been
created, the number of magistrates has tripled, and training
seminars and conferences have been held. Simultaneously,
however, prison populations have doubled or tripled, and the
courts are hampered by a lack of trained legal personnel and
by heavy case loads. It is estimated that as many as half of
those currently incarcerated have not been tried and
sentenced. In the case of the 47 Adventists arrested for
refusing to perform community work on Saturday mornings, none
ever appeared before a magistrate.

At the end of 1986, there were at least five political
prisoners and a number of political detainees in Burundi. In
late 1985, two priests and three lay people were tried for
insulting the Chief of State in a tract criticizing the
Government's attitude toward religion; they were found guilty
and are serving sentences of up to 5 years in prison. Amnesty
International's claim of up to 50 political prisoners in
Burundi includes the 47 Adventists, who have since been
released. However, since October 1986, a priest who
criticized the Government and two Adventists who refused to
perform Saturday work have been imprisoned without trial.
Another priest who criticized the Government was arrested in
late December. There are also former ministers, from
President Micombero's regime, in prison for criticizing the
Government's religious policy.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The inviolability of private correspondence and of the home
are guaranteed in the Constitution and respected in practice.
A judicial warrant is required for a law enforcement official
to enter and search a private residence.

Membership in the major political party and its affiliated
organizations is open to all but is not required. The State

BURUNDI

Security Office monitors political dissent through the State
Security Police and by employing paid informers who report on
discontent and dissension as well as on criminal activity.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech is limited. Defamation of the Chief of
State is a crime, and criticism of the party and government
policies or leadership is only permitted within government
institutions, such as the National Assembly and the UPRONA.
Academic freedom is also limited. At the primary and
secondary school level, teachers are expected to support
government policies. At the university, professors come from
several different countries and are permitted to lecture
freely in their subject areas, conduct research, and draw
independent conclusions. Censorship occurs only in the case
of sexually explicit foreign film material or publications.

The Government controls all domestic print and broadcast
media. The French language daily and Kirundi language weekly
are published by the Ministry of Information, which also
operates the domestic radio and television stations. The
media are required to support the fundamental policies of the
party and the Government. Some criticism of the Government is
permitted in the printed press, but journalists are state
employees and are subject to disciplinary action if their
criticism goes beyond what is considered tolerable. The
Government rarely interferes with the distribution of foreign
news publications and never interferes with radio reception
from foreign sources.

b. Freedom of Peaceful Assembly and Association

The express authorization of the Government is required for
all political meetings. This effectively guarantees
government control of all public forums and limits association
for political purposes to participation in the party or its
affiliated youth, labor, or women's movements.

The party controls the trade union confederation, the National
Labor Union or UTB, and has enforced this single trade union
structure by means of legislation. The principal role of the
UTB, to which virtually the entire salaried work force
belongs, is to serve as an intermediary between workers and
employers in labor matters. The UTB arbitrates individual and
collective labor disputes and often forces employers to revise
their practices. However, unauthorized advocacy of a strike
or lockout is a criminal offense. Therefore, though they are
technically permissible, there have been no strikes in recent
years. The UTB participates in the International Labor
Organization and is a member of the Organization of African
Trade Union Unity. In 1986 the UTB held an extraordinary
meeting to adopt its statutes, and the proceedings were
relatively democratic.

The Government permits nonpolitical private associations, but
requires that they be registered and accorded legal
recognition before they may function.

c. Freedom of Religion

Religious freedom exists within strictly defined limits, as
the Government considers religious organizations subject to

BURUNDI

the same sorts of rules and restrictions which apply to
secular organizations. All religious associations must
receive approval from the Government to operate in Burundi and
are expected not to engage in political activity critical of
the regime in power. The authorities must be informed in
advance of religious gatherings, which are limited to
recognized places of worship, and religious services are
authorized only after 5 p.m. Mondays through Fridays, after
midday on Saturday, and all day on Sundays. The Jehovah's
Witnesses sect is banned by the Government because its
doctrine allegedly challenges certain precepts of civil
authority. Consequently, members of the sect cannot openly
carry out activities within the faith nor can they
proselytize. There are no reports of persons being imprisoned
for merely adhering to the sect's beliefs. The Seventh-Day
Adventists' refusal to perform work of any kind on Saturday,
their Sabbath, led to the closing of their churches and
schools as well as the loss of their legal status in 1985.
Between December 1985 and May 1986, 47 Adventists were
arrested for their failure to respect the Government
requirement that Burundi citizens perform community service on
Saturday mornings, and a number of women and children were
detained for 3 days for participating in an unauthorized
religious gathering. The 47 were released in June, but in
October, 2 others were arrested for the same reason. Between
8 and 10 other Christians were also arrested during 1986.
They were generally held for refusing to respect government
restrictions and were released after a few days or weeks;
these included religious leaders and laymen. Two Catholic
priests, arrested for criticizing the Government, remain in
jail .

Over 140 missionaries were expelled in 1985. After an initial
cutback, the expulsions resumed in 1986, resulting in the
departure of around 70 more missionaries. Believing that they
could no longer provide adequate services, an equal number
left voluntarily, so that by year's end fewer than 200 foreign
missionaries remained in the country. Church schools and most
seminaries were placed under state control in 1986, and
clerics were generally relieved from teaching positions. In
addition, church-run rural literacy classes were suspended,
depriving approximately 300,000 Burundi children and adults of
one of the few means of bettering themselves. Informed
observers believe that the Government is actively reducing the
influence of the Catholic Church in Burundi because of its
desire to establish clearly its civil authority as preeminent
over other sources of influence. Church access to the media
is curtailed by the longstanding suspension of a Catholic
newspaper and of religious broadcasts.

There are no barriers to the maintenance of links with
coreligionists in other countries. Religious beliefs do not
exclude people from participation in the party or from
receiving social benefits.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Movement is generally free within Burundi, although government
policies discourage urban migration. Foreign travel and
emigration are relatively free. However, prospective Burundi
travelers must have exit visas as well as passports.
Occasionally, the Government withholds these documents without
explanation but apparently for political motives. Foreigners

BURUNDI

wishing to leave Burundi have also occasionally been denied
exit visas until they prove they have no outstanding debts.
Long-time foreign residents of all nationalities wishing to
stay in Burundi, including some missionaries, are experiencing
increasing difficulty in renewing their residence permits.

The Government cooperates closely with the office of the
United Nations High Commissioner for Refugees (UNHCR) .
Burundi claims to shelter 262,000 refugees, but most are
long-time residents who are now well assimilated and therefore
might be described more accurately as displaced persons. The
UNHCR estimates that there are approximately 70,000 refugees,
primarily Tutsis of Rwandan origin who fled to Burundi in the
1960 's. Many are well integrated in Burundi, although they
may acquire citizenship only through marriage to a Burundi
citizen. Refugees who fled from Burundi in the early 1970 's
and before continue to return and have full rights as
citizens. The Government periodically repatriates Rwandan
nationals who lack residence permits or who have been arrested
on suspicion of criminal activities.

Amnesty International has expressed concern about the
situations of refugees and asylum seekers from Zaire. About
1,800 Zairians, allegedly without proper papers, were expelled
to either Tanzania or Zaire in September 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Burundi citizens do not have the right to change their
government. Political participation can take place only
within the one-party structure, and voters can express
dissatisfaction only by voting against incumbents. The
President of the party is the sole candidate for President of
the Republic. Power rests with the President and with the
party's central committee. The party is open to all Burundi
supporting its principles and claims a membership of
approximately 1.4 million, about three-quarters of the adult
population. The party regularly holds local and regional
meetings, where party members discuss issues and make
recommendations. While there are multiple candidates for
party positions, balloting is not secret.

Although the military retains influential presence in all the
party organs and in the Government, its role in actual
administration has declined markedly since 1979. Apart from
the President, who holds the defense portfolio, only three
military officers are currently cabinet members, and military
officers hold 15 of the 69 central committee seats. The
Constitution provides for a National Assembly, which was
seated in 1982 with a 5-year mandate. The Assembly is
comprised of 65 representatives, of whom 52 are elected by
secret ballot under universal adult suffrage, and the
remainder are appointed. All candidates were drawn from a
list preselected by provincial electoral colleges composed of
party and government officials. Two candidates were permitted
for each elective seat. The balloting was evidently free, as
several high party and government officials failed to win
seats. The Assembly is not intended to be a separate and
independent power but is expected to cooperate with and
complement the executive and other institutions. Over the
last 4 years, the National Assembly has actively debated
government policy, occasionally expressing pointed criticism.

BURUNDI

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Burundi is a party to several United Nations instruments on
human rights, and its Constitution provides for the protection
of such rights. There were no reports during 1986 of requests
for outside investigations of alleged human rights violations.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The minority Tutsi have for centuries dominated the majority
Hutu. Civil strife in 1972, which culminated in government
sanctioned massacres, resulted in the deaths of around 150,000
Hutu and caused another 200,000 to flee to neighboring Rwanda
and Tanzania. Since the advent of the Bagaza Government in
1976, the level of ethnic tension has markedly declined.
Thousands of Hutu refugees have returned to Burundi. While
the Government is far from representative of the Burundi
population as a whole (85 percent Hutu, 14 percent Tutsi, and
1 percent other), Bagaza has appointed Hutus to all levels of
government, including 5 to his 19-member Cabinet, and there
are about 18 Hutu representatives in the 65-member National
Assembly.

Intermarriage has also contributed to a blurring of ethnic
distinctions. The low level of economic development in rural
areas affects both Tutsi and Hutu, making the difference in
economic status between the two groups scarcely discernible in
the countryside. However, because of their longstanding
dominance of the Government and access to education, the Tutsi
predominate in the modern economic sector. The military
remains under Tutsi control. Maintenance of Tutsi domination
is a chief objective of the regime. Nevertheless, there is no
evidence that Hutus are denied equal protection under the law.

Women in society hold a secondary position, although their
status is undergoing considerable change from traditional
patterns. The Constitution provides for legal equality. The
legal code prohibits polygamy and the requirement of a dowry
and allows women some control over family matters. Women
still cannot inherit land and cannot take a salaried job if
forbidden to work by their husbands. Although fewer women
than men attain a formal education, once a degree is attained
women can generally find suitable employment. The Government
does not discriminate against women in hiring. Women are
represented at all levels in the political life of the
country. However, their main vehicle of political expression
is the Burundi Women's Union which is affiliated with the
party. The party remains dominated by males.

CONDITIONS OF LABOR

Worker rights are guaranteed by the Burundi Labor Code and by
the National Collective Interprofessional Labor Convention.
Working hours vary between 40 and 45 hours per week; Saturday
afternoons, Sundays, and holidays are times of rest. Children
under the age of 12 may not be employed in any capacity, nor
may children under the age of 16 be engaged in dangerous or
strenuous work, but as a practical matter, many children are
obliged by custom and circumstance to help their families in
subsistence agriculture. Minimum health and safety standards
are monitored and enforced in the modern economic sector by
the Ministry of Labor. Burundi has a minimum wage of
approximately $1.12 per day.

U.S. OVERSEAS

■LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: BURUNDI

1984

1985

1986

I. SCON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.RcL
VOL.R
COT HE
LO
GR

ASSIST,
ANS. . . . .
ANTS.. ..

■TOTAL.,

ANS

ANTS ,

.SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TOTAL

. INI $-LOANS . . . . ,

IN FOR. CURR

II-TOTAL

lEF.EC.OEV J WFP,

ELIEF AGENCY

R SCON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

7.
0.

0.0

0.6

0.0

6.9
0.0
6.9
4.3
0.0
4.3
0.0
1.9
0.0
1.9
0.0
0.0

0.0
0.7
0.7
0.0
0.0

3.6
0.0
3.6
3.1
0.0
3.1
0.0
0.0

0.0
0.0
0.0
0.5
0.0
0.5
0.5
0.0
0.0

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS

4. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG.,
D.TRAN-E<CESS STOCK,
£. OTHER GRANTS

0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.1
0.0
0.1

0.0
0.0

0.1
0.0
0.0

III. TOTAL ECON. i MIL,

LOANS

GRANTS ,

7.8

0.0
7.8

7.0
0.0
7.0

3.7
0.0
3.7

OTHER US LOANS...,
EX-IM SANK LOANS,
ALL OTHER

0.0

0.0
0.0

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

20.4

63.1

37.3

483.9

I3RD

0.0

4.8

if:

0.0

O.G

0.0

5.6

104

5.1

30.4

37.3

247.3

IDS

0.0

A09

0.0

AFD3

13.0

31.7

0.0

108.2

UNDP

2.3

1.0

, 0.0

48.4

OTHER-UN

0.0

9.3

EEC

0.0

60.3

CAMEROON

Political power in Cameroon is heavily concentrated in the
presidency. The President appoints all government and party
officials and makes all major decisions, although key
parliamentarians in the National Assembly and others have some
behind-the-scenes influence. Cameroon had an active multiparty
system at the time of its independence, but under former
President Ahidjo, all parties were gradually consolidated into
the Cameroon National Union, renamed in 1985 under President
Paul Biya the Cameroon People's Democratic Movement (CPDM) .
President Biya has moved toward greater democratization of the
party structure, notably in 1986 by permitting multiple
candidates for many party offices.

Internal security responsibilities are shared by the National
Police (Surete National), the National Intelligence Service
(Centre de Documentation Nationale, CND), the Ministry of
Territorial Administration, Military Intelligence, and, to a
lesser extent, the Presidential Security Service. The Ministry
of Territorial Administration is in charge of prisons, and the
National Police has the dominant role in enforcing internal
security laws. The CND and the military are still involved in
both those functions but to a lesser degree.

Cameroon's economy continues to grow, and its per capita income
($840 in 1985) ranks Cameroon among the middle income
developing countries, though it remains plagued by many
problems of underdevelopment. Even though revenues from oil
are down (due to the fall in world prices), the market-oriented
economy remains strong because of its diversified agricultural
base and the Government's economic policy management.

During the 22 years of of President Ahidjo 's rule, Cameroon's
diversity and the armed violence in some parts of the country
were used to justify authoritarian control and harsh
restrictions on civil liberties. In contrast, under Biya the
hum.an rights environment has improved and in 1986 reflected not
only some liberalization within the CPDM, but also increasing
freedom of expression, especially in the private press.
However, this latter progress was countered by occasional
incidents of arbitrary censorship and harassment. Several
Anglophone print and radio journalists were arrested and
detained for 4 months. In August the Government released from
detention at least 15 activists from an outlawed political
party. By most estimates, 10 to 20 political detainees remain
in custody.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killing.

b. Disappearance

There were no reports of disappearance.

c. Torture and Cruel, Inhuman or Degrading Treatment or
Punishment

Torture is proscribed by the criminal code, which renders
evidence obtained by torture inadmissible. In addition, the

CAMEROON

penal code prohibits public servants from using force against
any person. However, very poor prison conditions, including
overcrowding, inadequate food and sanitation, and limited
medical facilities remain problems. Prisoners have reportedly
suffered from severe malnutrition unless provided food by
friends or families. In 1986 the Government recognized these
problems and focused attention on the need for prison reform.
The Secretary of State for Territorial Administration visited
prisons in most of the provinces and his suggestions for reform
received wide press coverage.

There were reports that two members of the outlawed political
party. Union des Populations du Cameroun (UPC), arrested in
December 1985, were tortured during their detention. Persons
under "administrative detention" (i.e. political detainees) are
kept in special camps or prisons. Access to the administrative
detention centers by families and friends is reported to be
severely restricted.

d. Arbitrary Arrest, Detention, or Exile

Under Cameroonian law, a person arrested on suspicion of
committing an offense may not be held for more than 48 hours
without a court order. This provision is generally observed in
nonpolitical cases. However, after an investigating magistrate
has determined that the case should be brought to trial and has
issued a warrant to that effect, there is no limitation on how
long the detainee may be held in "preventive detention" pending
trial. Accused persons awaiting trial constitute the majority
of persons in the prisons at Yaounde and Douala. Release on
bail is infrequent.

Persons may be held in administrative detention under
legislation pertaining to subversion. Such detention by
regional authorities is initially for 1 month, renewable twice,
and may be extended up to an additional 6 months by the
Minister of Territorial Administration. Generally, those
arrested and placed in administrative detention do not
disappear — their families are told where they are and they are
eventually released, although the detention may be lengthy.
Political detainees, 10 to 20 of whom are currently estimated
to be in custody, are usually held under this type of
detention. Under the state of emergency which exists in
portions of three provinces, authorities may also order
detention for up to I week for persons judged "dangerous to
public security." The Minister of Territorial Administration
may also order detention of such persons for up to 2 months;
the order is renewable without limitation. The state of
emergency provisions were used rarely, if at all, in 1986.

Fon Gorji Dinka, a radical Anglophone spokesman detained in
June 1985, was released without trial in January 1986.
Fourteen members and activists of the UPC, who were arrested in
December 1985, were released in August. Their release was
given wide publicity as an example of the increasing
liberalization of the political system under President Biya.
An unknown number of UPC members remain in self-imposed exile.

Another outlawed dissident party, the Cameroon Democratic Party
(CDP), has had members in self-imposed exile since the party
lost its bid to be legalized in 1984. President Biya in 1985
issued a call for all Cameroonians to return to Cameroon
without fear.

CAMEROON

Local police sometimes harass citizens and threaten to detain
them unless bribes are paid. These actions are not condoned by
high government officials and have been sharply criticized by
the President. In mid-1986 the national campaign to eradicate
corruption specifically cited the police as needing reform. In
August the Secretary of State for Internal Security stressed to
new graduates of the police academy that discipline and moral
vigor were necessary for an effective police force.

There are no reports of forced labor being practiced in
Cameroon.

e. Denial of Fair Public Trial

Trial by a presiding magistrate is guaranteed by law, and this
practice is followed with the exception of persons held under
administrative detention. Public trials are also guaranteed by
law, although exceptions are allowed for the public good or
national security reasons. Trials which involve prominent
persons or which are controversial are sometimes held in
private. Magistrates in Cameroon are drawn from a corps of
career civil servants and are required to have law degrees.
Their decisions are generally not subject to government
interference, and they are usually considered to conduct fair
trials. Defendants in felony cases are provided attorneys if
they cannot afford to engage their own.

Crimes involving subversion or illegal use of weapons, as well
as crimes involving the military, are tried by military
tribunal. Each tribunal has three members, and its presiding
officer must be a magistrate. In some cases, the magistrate is
a civilian, but often it is a military officer. As in civil
cases, defendants are entitled to either public or private
counsel .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Both invasions of the home and tampering with correspondence
are violations of Cameroonian law. There are reports that
police do enter homes without warrants during periodic searches
for criminals in low income neighborhoods. Surveillance of
suspected political dissidents, including monitoring of mail
and of telephone conversations, is also common.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution of 1972 guarantees the freedom of expression
and press, but under Cameroonian law and practice these
freedoms are restricted. No written ground rules exist, and
the private press must submit each issue to see what is deemed
acceptable and what is not. There is no evidence that anyone
is punished for privately criticizing the Government, and
freedom of political discussion exists to a degree that was
unknown during the Ahidjo era. During 1986 controls on the
private press continued to loosen, but they remain extensive
and subject to government interpretation. The private press
has flourished with close to 20 newspapers publishing on a
regular schedule. Several new papers have increased the depth
of their reporting and criticism of Government programs but
still have difficulties with censorship. One issue of Le
Messager, one of the most respected of the private newspapers,
was not distributed after the censor asked for the removal of

CAMEROON

8 pages of the 16-page issue. In February 1986, two Cameroon
Times journalists were arrested at the Cameroon/Nigeria border
on charges of carrying subversive materials and currency
violations. An anniversary edition of the Times, which they
were taking to Nigeria to be printed, reportedly contained an
article commenting on Anglophone protests. The two were
released without charge or trial in March.

There has also been increased editorial comment in the
government-controlled press and radio, although the Government
affords official journalists much less latitude than it does
their private counterparts. Most official journalists are
civil servants and can be transferred to less desirable jobs if
they do not censor their own reporting. After making
derogatory remarks about some parliamentarians on the air,
three Anglophone radio journalists were detained without charge
in June and released 4 months later without trial. One of the
journalists was subsequently charged with "contempt of civil
authorities," a criminal offense.

Cameroonian television has been on the air since December 1985,
and though the television journalists seem to have more leeway
to tackle sensitive social issues, they, like their print and
radio counterparts, practice self-censorship on controversial
political issues.

Occasionally, issues of international publications are seized
because they contain articles about Cameroon which the
Government considers inflammatory or defamatory.

b. Freedom, of Peaceful Assembly and Association

The freedoms of assembly and association, while guaranteed in
the Constitution, are restricted in practice and in law. The
Cameroonian penal code prohibits public meetings,
demonstrations, or processions without prior government
approval, and organizations must register with the Government.

The sole labor union, the Organization of Cameroonian Workers
Union (OCWU) , operates within the framework of the official
party, and top union leadership is chosen by the Government.
However, in October 1986, the OCWU voted to adhere to the
principles of democratization espoused by the party, and local
and divisional union leaders will now be chosen by open
election. The union does not play a major role in Cameroonian
politics, although it has a membership of approximately 450,000
workers in a working population of more than 3 million. It
pursues individual worker grievances and seeks improvements in
government programs for worker safety and training.

The union participates in government-regulated labor
negotiations, but strikes are illegal. Political activity by
the trade union, excepting action designed to protect economic
and other interests, is prohibited. Contact with foreign trade
union organizations requires government authorization.
Cameroon is a member of the International Labor Organization
(ILO) , and rank and file union members comprise the labor
component of the Cameroonian delegation to its meetings. The
union is also a member of the Organization of African Trade
Union Unity.

c. Freedom of Religion

Freedom of religion is guaranteed in the Constitution and is
generally respected. Roughly 20 percent of Cameroonians are

CAMEROON

Muslim, 30 percent Christian, and the rest animist. Officials
of the Government and party are drawn from members of all
denominations. Missionaries played a major role in the
development of Cameroon and continue to be active. However,
the Jehovah's Witnesses, who do not acknowledge the supremacy
of the state, were banned in 1970 and have periodically been
targets of harassment since then. Observance of traditional
religions is not discouraged by the Government, although acts
of witchcraft, magic, or divination "liable to disrupt public
order or tranquility, or to harm persons or property" are
outlawed with penalties of up to 10 years imprisonment.

Independent Muslim and Christian publications exist in
Cameroon, and there is no evidence that they are censored more
heavily than the secular press. The exception, again, is the
Jehovah's Witnesses, who are not allowed to publish or
distribute their religious materials.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within the country is not restricted by
law. In practice, however, police frequently stop travelers to
check identification documents. During 1986 this practice
lessened and a number of "controls" on heavily traveled roads
were discontinued. Exit visas are required to leave the
country and sometimes are obtainable only after long
bureaucratic delays. In some cases, these delays may represent
attempts by the Government to discourage or even prevent
departure. The Government has also been known to refuse
issuance of a passport, or to confiscate an already issued
passport, in order to prevent someone from traveling abroad.
Cameroonians who leave the country must deposit sums sufficient
to buy a return air ticket for repatriation should they become
stranded abroad. There are no restrictions on voluntary
repatriation. Women must obtain the permission of their
husbands or fathers to leave the country.

Over the years, Cameroon has served as a safehaven for
thousands of externally displaced persons and refugees. The
Government currently acknowledges the presence of approximately
45,000 Chadians in Cameroon, some 9,000 of whom are registered
as political refugees through the United Nations High
Commissioner for Refugees (UNHCR) and are living at the UNHCR
camp at Poll. The rest of the Chadians have integrated into
the Cameroonian economy and do not receive government or
international assistance. Cameroon is also host to refugees
from South Africa, Zaire, Angola, and other African nations,
and there are roughly 100 Namibians in Cameroon as students.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Cameroon continues to be a one-party state with political power
and administrative responsibility concentrated in the
presidency. Following the resignation of former President
Ahidjo on November 4, 1982, his constitutional successor. Prime
Minister Paul Biya, took office as President. In September
1983, Biya was elected President of the party, following
Ahidjo' s resignation. President Biya subsequently withstood a
coup attempt from forces allegedly close to Ahidjo. While the
Constitution implies the legality of other political parties,
in fact, only one party, the CPDM, is permitted. On June 26,
1986, the Cameroon Supreme Court ruled against the latest
attempt by Dr. Joseph Sende to gain legal recognition for the

CAMEROON

UPC. This was the second time under the Biya Government that
the Supreme Court heard but rejected Sende ' s case. Once again,
the refusal was on technical grounds. Although the election
law theoretically permits multiple candidates for the
presidency. President Biya ran unopposed in the January 1984
elections and received 99.98 percent of the votes. The
President appoints all governors, prefects, and cabinet
ministers .

Cameroon's political system is a product of the country's
ethnic and linguistic diversity, which includes some 230
languages and three separate European heritages (French,
British and German). Both French and English are official
languages, although some Anglophones allege political
discrimination by the majority Francophones. A careful
balancing act, within the one party, is required to maintain
political cohesion. Membership in the CPDM is open to all
religious and ethnic groups. While the Party remains
essentially a centrally controlled organization, open elections
with multiple candidates for local and more senior offices were
held for the first time in 1986. The CPDM Congress in March
1985 formally adopted a program of democratization within the
party, and this first experiment with elections met with
widespread popular approval. The National Assembly will hold
elections in 1988, and President Biya has promised that they
too will be open for the first time.

Externally based dissident groups, including the Union des
Populations du Cameroun (Francophone) and the Cameroon
Democratic Party (Anglophone), periodically send letters or
pamphlets into the country. The Government attempts to seize
these documents when they arrive.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Cameroon Constitution affirms support for the freedoms
guaranteed in the Universal Declaration of Human Rights and the
United Nations Charter. Under President Biya, the Government
has given increased attention to human rights issues, both
internally as a part of President Biya's program of
"democratization" and in public statements in forums such as
the United Nations.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Access to the Government's social programs is open to all
Cameroonian citizens on a nondiscriminatory basis. Female
students are noticeably underrepresented in rural secondary
schools and school attendance rates are one third the national
average in the Muslim north, where only 22 percent of the
children attend school. Girls are underprivileged, both in
access to higher education and in terms of professional
opportunities. Girls from the southern part of the country,
although disadvantaged at the level of secondary entrance when
compared with boys from the same areas, have a considerable
educational lead over both girls and boys from the eastern and
northern provinces.

Women enjoy equal rights under the Constitution and are
politically active in the party and the sole labor union. The
women's wing of the party has developed programs aimed at
encouraging the economic and social productivity of Cameroonian

CAMEROON

women. Women are represented in the modern sector, although
not proportionately in the upper levels of administration and
in the professions. There are currently five women in
President Biya's Cabinet, but no women governors or prefects.
As a result of the 1983 legislative elections, the percentage
of women in the National Assembly increased from 10 to 14
percent .

CONDITIONS OF LABOR

The Cameroonian national labor code sets the minimum working
age at 14, the minimum annual paid vacation at 18 days, and the
legal workweek at 40 hours for nonagricultural employees and up
to 48 hours per week for agricultural workers. Minimum monthly
wages are set by the Government for all types of jobs in both
the public and private sectors. Wage rates are based on
geographic zones, types of industry, and qualifications of
workers and length of service. The lowest pay levels are not
sufficient to support a family but, in most cases, such wages
are supplemented by a second job or another family member's
earnings. Workers with middle-range wages are also likely to
need second incomes to support a family, especially in Yaounde
and Douala. Because of Cameroon's healthy economy,
opportunities do exist for workers to supplement their wage
levels with second jobs. Occupational health and safety is
mandated by law, based on ILO standards. In theory, these
standards are enforced by Ministry of Labor inspectors, but
they lack the means for effective enforcement.

U.S.OVERSEftS

•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: CAMEROON

1934

1985

1936

I.5C0N. ASSIST. -TOTAL

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) ...

B.FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAT. I>J S-LOANS

PAY. IN FOR. CURR

TITLE II-TCTAL

H. RELIEF. EC.OEV 5 WFP.

VOL. RELIEF flSENCY.....

C. OTHER e:0N. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL...

LOANS

GRANTS

a. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL. ED.TRNG. .. .
D.TRAN- EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. 5 MIL.

LOANS

GRANTS ,

25.3

3D. 2

28.1

11.3

6.6

8.5

U.O

23.6

19.6

22.5

23.3

24.7

11.3

6.6

8.5

11 .2

17.2

16.2

0.0

0.4

3.8

0.0

0.4

3.3

0.0

O.D

0.0

0.4

3.8

0.0

0.4

3.8

0.0

0.3

0.0

2.4

2.6

3.4

0.0

2.4

2.6

3.4

2.'»

2.6

3.4

0.0

5.1

0.2

5.0

0.0

0.1

0.2

0.0

5.0

0.0

0.1

0.2

0.0

30.4

35.3

28.3

16.3

11.6

3.5

14.1

23.7

19.8

OTHER US LOANS. .. ,
EX-IM 3AN< LOANS,
ALL OTHER ,

0.0

0.0
0.0

0.0
3.0
0.0

0.0

0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1936

1946-86

TOTAL

51.5

206.3

57.4

1420.8

I8?D

21.5

158.5 -

30.1

748.4

IFC

0.0

2.2

5.3

23.2

lOA

0.0

229.2

103

0.0

ADS

0.0

AFD8

0.8

13.0

0.0

47.7

UNDP

4.2

1 .6

0.0

53.1

OHER-UN

0.0

2.7

0.0

10.1

EEC

25.0

28.0

22.0

309.1

CAPE VERDE

Led by President Aristides Pereira, Cape Verde is ruled by the
African Party for the Independence of Cape Verde (PAICV), the
country's sole political party. Most government Ministers are
senior members of the party and participated in the
revolutionary movement to free Cape Verde from Portuguese
rule. Active party members currently number 6,000, or 4
percent of the voting population. The Constitution adopted in
1980 declares the supremacy of the party. Members of the
Popular National Assembly are elected from a slate of
candidates which is proposed to the electorate by the party.

Security responsibilities, which had been divided among the
military, the security, and the police forces, were given to a
single government department in February 1986. The
reorganized Ministry of Defense and Security operates under
legal guidelines and leadership approved by the party.

The Cape Verde archipelago (10 islands) is located some 380
miles off the African mainland. The country's economic
development has been steady despite an 18-year drought which
has severely affected employment possibilities for the largely
rural population. This progress can be largely attributed to
generous foreign donor assistance, remittances from Cape
Verdean emigrants, and efficient management by the
Government. The Government is the largest nonagr icultural
employer. It also controls banking, the import of basic
commodities, airlines, the press, and schools. Private
property rights are respected. There is a substantial and
growing private sector which includes various types of shops,
hotels, farms, fishing, small industries such as tuna canning,
and the professions.

Human rights were generally respected in Cape Verde during
1986. There were no reports of political killings,
disappearance, torture, or arbitrary arrest. Within the
one-party system elections at the end of 1985 provided an
opportunity for some expanded participation in the political
process by all persons over 18 years of age. There is little
sign of hostile opposition to the Government, and the
longstanding Cape Verdean tradition of emigration provides an
escape valve for discontent.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reported instances of politically motivated
deaths .

b. Disappearance

There were no reported instances of officially inspired
disappearances .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports alleging torture or cruel, inhuman or
degrading treatment and unusual punishment of prisoners and
detainees. However, conditions in prisons are poor and
detention facilities are antiquated.

CAPE VERDE

d. Arbitrary Arrest, Detention, or Exile

Cape Verdean law requires that those arrested, unless caught
in the act, be charged before a judge within 48 hours, and
this law appears to be observed in practice. In exceptional
cases, and then only with the concurrence of a procurator or
judge, the formal charge process may be delayed up to 5 days.
Cape Verdean law rec[uires counsel to be present for the
accused, who then may be held in custody, released on bail, or
released unconditionally. In cases of alleged crimes against
state security, persons may be detained upon a judge's ruling
for up to 5 months without trial. There is a functioning
system of bail, and the right of access to a lawyer seems to
be observed in practice.

There were no instances of forced exile for political or other
reasons. Forced labor is not practiced.

e. Denial of Fair Public Trial

There were no known political prisoners held in Cape Verde
during 1986.

In the regular court system, trials are conducted without jury
by one judge; a public prosecutor presents the case against an
accused, who is defended by counsel. Appeal is possible to
Sub-Regional and Regional Tribunals and, ultimately, to the
Supreme Tribunal. Trials appear to be handled expeditiously.
The Autonomous Institute for Judiciary Support, to which all
private lawyers belong, exists to provide counsel in cases of
need.

There is also a system of popular tribunals to ajudicate minor
disputes on a neighborhood or local level in rural areas.
The"judges" are usually prominent local citizens without legal
training, who are appointees of the Ministry of Justice.
Their decisions can be appealed within the regular court
system.

The judiciary does not have the authority to determine the
constitutionality of legislation. Although, according to the
Constitution, judges are independent, one former judge now
living outside the country has claimed that one-party rule in
practice has hampered the functioning of a truly independent
judiciary. Most evidence suggests, however, that the courts
protect individual rights in criminal cases.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution recognizes citizens' rights to the
inviolability of domicile, correspondence, and other private
means of communication. The law requires warrants issued by a
judge before searches of homes may be conducted. There were
no known cases of arbitrary interference with privacy, family,
home, or correspondence. The Constitution also contains a
provision stating that every citizen has the right and the
duty to participate in the political, economic, and cultural
life of the country. This provision theoretically could be
used to force participation in activities against the
individual's will. In practice, there is no evidence to
suggest that this provision has been so used.

CAPE VERDE
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution proclaims freedom of speech and intellectual
creativity, including the rights of authorship, but it also
stipulates that none of these rights and freedoms may be
exercised "contrary to national unity." Thus, a law adopted
in 1985 assures citizens the right to express their thoughts
in the press, but at the same time the party underlined that
this right should be exercised responsibly. Given the
circumstances, people are generally cautious in exercising
their right of free speech.

The weekly newspaper and the radio are government owned, and
follow government policies. Occasional articles critical of
some aspects of government policy are printed or broadcast,
but this is probably done with prior authorization from the
Government. Local radio broadcasts carry items from Western
agencies as well as from Communist countries. International
periodicals generally circulate freely in Cape Verde even when
they contain articles critical of or unflattering to the
Government, as is sometimes the case with Portuguese
newspapers. International radio broadcasts are received
clearly, without interference. Censorship of movies is
practiced, although it is not kno'vn if the criteria are
political or moral. The Catholic Church's newspaper, which
occasionally carries moderate criticism of some aspects of
life in Cape Verde, seems to be tolerated without interference.

b. Freedom of Peaceful Assembly and Association

The freedom to meet, to associate freely, and to demonstrate
is guaranteed in the Constitution. As a practical matter,
however, no organizations opposed to government actions or
policies are permitted. Private associations other, than
sports clubs or religious youth groups do not exist. The
establishment of such associations would be subject to
government authorization. Party-sponsored "mass
organizations" of women and youth are prominent.

Workers in several sectors are organized into unions which are
members of the National Union Confederation (NUC) . The
Confederation is affiliated with the PAICV and headed by a
high-ranking member of the party. Perhaps one-third of the
active work force are nominal union members. Although the NUC
claims to be independent of the party, the two are closely
linked. Individual unions bargain for their members, perform
other traditional trade union functions, and also act as party
affiliates. The right to strike is guaranteed but is rarely
exercised, even though union leadership has taken positions on
specific issues opposed to government policies in state
enterprises. The NUC participates in the International Labor
Organization and is affiliated with the Organization of
African Trade Union Unity, but has not taken positions
independent of those officially sanctioned by the Government.
It maintains contact and receives assistance from both
Communist and non-Communist national unions abroad.

c. Freedom of Religion

The Constitution requires separation of church and state.
Freedom of worship is respected by the Government, and members

CAPE VERDE

of all faiths practice their religion without harassment. At
least two-thirds of the population, probably including most of
the government leadership, are nominally Catholic, but the
dominance of Catholicism does not appear to affect adversely
other faiths. Evangelical Protestants and Seventh Day
Adventists are the two other principal religious communities.
At least two faiths, the Baha ' i and Christian Rationalism,
which were formally banned or suppressed under the Portuguese,
have been permitted to reestablish themselves since
independence. There are no restrictions on religious
practices, teaching, or contacts with coreligionists outside
Cape Verde. A few foreign missionaries are active in Cape
Verde.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no extraordinary legal or administrative
restrictions on either travel or residence within the
country. All resident Cape Verdeans wishing to leave the
country, either temporarily or permanently, must obtain exit
permission from the Government. Such permission has not been
denied for political reasons. Emigration has long been an
important and a recognized escape valve from prevailing harsh
economic conditions. The Government goes to considerable
effort to maintain close contact with emigre communities and
provides every opportunity for Cape Verdeans living abroad to
maintain their ties with the homeland, including making
provision for them to vote in elections and to own propery in
Cape Verde. Repatriation is a constitutional right of the
citizen, and the Government does not discourage intending
repatriates .

The law allows for revocation of citizenship on several
grounds, including activities contrary to the interest of the
country. However, there are no known cases of the Government
instituting proceedings to deprive persons of citizenship for
political reasons.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The PAICV's monopoly of power in Cape Verde is inscribed in
the Constitution. Opposition parties are illegal and, in
fact, do not exist. The small group of men who actually led
the struggle for independence occupy positions of leadership
in both the party and the Government. The Secretary General
of the party is President of the Republic; the Deputy
Secretary General is Prime Minister; and the third-ranking
party official is President of the National Assembly. Five
others of the party's nine-member Political Commission are
also Ministers; the ninth member manages the day-to-day
activities of the party.

In 1983 there were 5,860 party members, about 4 percent of the
total population, which represented a doubling of party
membership since independence in 1975. Within this elitist
party, there exists a modest scope for meaningful political
activity. The delegates to the Second Party Congress in 1983,
and the leadership itself, were elected by secret ballot with
some unexpected changes in the order of precedence of the
various Ministers. The party leadership has also made an
obvious effort to give women and individuals possessing less
solid revolutionary credentials more prominent roles.

CAPE VERDE

However, women, who constitute 14 percent of the total party
membership, are under represented. The party membership is
also young (47 percent under 30 years of age),

disproportionately urban (50 percent in a nation which is more
than two-thirds rural), and heavily representative of the
bureaucracy (25 percent of party members are civil servants or
employees of state enterprises).

Formally, the National Assembly is the supreme organ of the
Government. The Assembly sessions serve to ratify earlier
party/governnient decisions, but issues are debated openly,
with critical interventions reported in the media. Deputies
who believe that the interests of their constituencies are
being harmed by governinent policies or decisions feel free to
criticize them, and in fact do so. In the AsseiT±)ly elections
of December 1985, the party approved all candidates, but the
list of candidates for each constituency contained from 1-1/2
to 4 times as many nominees as the number of deputies to be
elected from that constituency. There were three stages of
local consultations, and the final candidates were selected by
secret ballot. Several prominent nonparty candidates were
elected to the Assembly as a result.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In the past, the Government has permitted visits by private
organizations to check on conditions of persons convicted for
political or related offenses. There are no known instances
in which the Government has been the subject of resolutions,
investigations, or other human rights actions by international
human rights organizations. A few Cape Verdean emigrants
living abroad have alleged h'jman rights violations. These
charges may have affected internal policies, given the
Government's major effort to maintain close relations with the
large communities of Cape Verdean emigrants around the world.
There are no known official or nongovernmental human rights
organizations in the country, although the Lawyers'
Association for the Provision of Judicial Support performs
some of the functions of such an organization.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Racial discrimination is not a problem in Cape Verde, where
the vast majority of the total population of 300,000 shares
various proportions of Portuguese-African ancestry. Sex
discrimination exists, although it is banned by the
Constitution. Many of the traditional, male-oriented values
of the Portuguese and African ancestors of today's Cape
Verdeans are still part of the country's culture. Women have
been customarily excluded from certain types of work and are
often paid less than men for com.parable work. However, the
Government has included women in the labor-intensive economic
development projects financed by foreign grants. Both the
Government and the party are m.aking efforts to bring women
into various economic and social activities from which they
traditionally have been excluded. The Organization of Cape
Verdean Women was founded in 1980, with party encouragement,
to sensitize the Government and Cape Verdeans in general to
issues affecting women.

CAPE VERDE

CONDITIONS OF LABOR

The Code of the Family, enacted in October, 1981, prescribes
the full legal equality of men and women, including equal pay
for equal work. Minimum wages are established by government
decree. As of January 1, 1986, the minimum age for civil
servants (the basis for minimum wages for all other forms of
nonrural employment) is approximately $72 per month. In rural
areas, the daily minimum for the least skilled types of labor
is about 83 cents. The minimum age for employment is 14, and
children under 16 are prohibited from working at night, more
than 7 hours per day, or in establishments where toxic
products are used. There does not appear to be an overall
safety and health code for the workplace, although there are
particular regulations such as those prohibiting the
employment of children where toxic products are used. The
normal work week for adults is 44 hours over 5 1/2 days. A
worker is entitled to at least one full day (24 hours) of
leisure per week. These regulations seem to be respected in
practice.

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: CAPE VERDE

1984

1935

1986

I.ECON. ASSIST.-TOTAL.. .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

3. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-T3TAL

REPAY. I^ $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

z .RELIEF. EC. OEV i WF?.

VOL. RELIEF AGEflCY

C.OTHER 5C0N. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.1IL. ASSIST.-TOTAL...

LOAFIS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.IHTL MIL.E0.TRN5....
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. S MIL...

LOANS

GRANTS

6.5

4.9

2.9

0.0

6.5

4.9

2.9

2.0

3.4

2.9

0.0

2.0

3.4

2.9

0.0

3.0

0.0

4.5

1 .5

0.0

4.5

1.5

0.0

0.3

0.0

4.5

1.5

0.0

4.5

1 .5

0.0

0.1

0.0

O.D

0.0

0.1

0.0

3.0

0.0

0.1

3.0

0.0

6.5

5.0

2.9

0.3

0.0

6.5

5.0

2.9

OTHER

US LO
M SANK
OTHER.

ANS. .

0.
0.

.0
.0
.0

0,
0,

.0
.0

0.
0.
0,

EX-I
ALL

LOANS

,0
.0

ASSI5

TANCE

FROM

INTERNATIONAL
1934 1935

ENCIES
1936

1946-

-86

TOTAL

1 .9

2?. 5

0.0

69.0

I3;^D

3.0

0.0

*■ 0.0

3.0

IPC

0.0

IDA

0.0

■+.0

0.0

11.2

103

3.0

0.0

■ 3.0

AU3

3.0

0.3

0.0

3.0

AP03

1.1

24.3

0.0

47.7

UN3P

o.s

0.5 ■

0.0

9.1

OTHER-UN

0.0

, 0.0

0.0

1.0

EEC

3.0

0.0

CENTRAL AFRICAN REPUBLIC

General Andre Dieudonne Kolingba has headed the Government
since his accession to power in a bloodless coup on September
1, 1981. He holds all political power and is the final
arbiter on all government matters. He also headed the
Military Committee for National Recovery until September 21,

1985, when that Committee was dissolved to make way for the
current civilian Government. On May 7, 1986, the President
announced his plans for the creation of a single national
political party, the Central African Democratic Assembly. On
October 31, Kolingba introduced a new Constitution which was
subsequently approved in a national referendum on November 21,

1986. He was also elected President in that vote. The new
Constitution provides for a parliament which includes a
National Assembly and an Economic and Regional Council,
representing the principal economic and regional sectors of
the country.

The Minister of Interior is in charge of the civilian police
force. These police normally man barriers on the major roads
and keep records of the movement of vehicles. The Presidency
has its own security force. The Ministry of Defense also has
a military police force, in addition to the armed forces.

The Central African Republic is a poor, landlocked, sparsely
populated country. Most of its inhabitants derive their
livelihood from subsistence agriculture. Only about 1 percent
of the population is university educated. The essentially
free enterprise, agrarian economy, one of the world's least
monetized, has suffered from inadequately coordinated and
implemented government policies, occasional drought, and a
poorly trained work force. Expatriates dominate the small
manufacturing and commercial sectors of the economy.

There was continued improvement in the human rights situation
in 1986. Kolingba 's Government again faced sporadic
challenges from dissidents in the north along the Chadian
border, but at a greatly reduced level. Following the release
in December 1985 of 89 political prisoners, Kolingba granted
additional pardons on June 30 and September 1, 1986 (the fifth
anniversary of Kolingba 's accession to power). Although most
of those pardoned were common criminals, the pardons of
September 1 included the release of 5 prisoners convicted by
the special tribunal (the court which tries political cases)
and the reduction in sentence from 10 years to 5 years for 13
others convicted by the special tribunal. The sudden return
from exile and arrest of former emperor Jean-Bedel Bokassa in
October posed an unexpected challenge to the Government in
that a new trial means reliving a difficult period in the
country's recent history.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of killing or summary executions for
political motives by government forces. While there may have
been some civilian casualties during the military action
against guerrillas in April 1985, none was reported in 1986.

66-986 0-87-3

CENTRAL AFRICAN REPUBLIC

b. Disappearance

There were no reports of disappearance as a result of
government action.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The penal code prohibits torture and provides for sanctions
against persons guilty of physical abuse. Nevertheless, there
are reports of beatings in prisons. Conditions in the prisons
are generally harsh, and medical attention is inadequate.
However, prominent political detainees have reportedly been
well treated and given special privileges, such as extra
family visits .

d. Arbitrary Arrest, Detention, or Exile

The Kolingba Government has occasionally engaged in arbitrary
arrest and imprisonment. Generally such arrests occur when a
suspect has allegedly engaged in acts which present a threat
to the regime. It is likely that some political detainees are
currently being held, but it is difficult to say precisely how
many are being held at any one time. There was no confirmation
of Amnesty International's statement, as expressed in its 1986
Report, that more than 100 alleged opponents of the Government
may have been detained without trial in 1985.

Security officials generally respect local law which allows
family members, legal counsel, doctors, and clergy access to
prisoners. It is not uncommon for those held outside the main
prison to be allowed to return home during the day or to sleep
at night. Under local law, political detainees can be held
without charge for as long as 2 months, but at that point
detainees must either be formally charged or released. If
they are charged, local judicial procedures (which are modeled
on French procedures) allow for open-ended preventive
detention while the public prosecutor prepares the State's
case against the accused. Some political detainees are held
much longer than 2 months, however, without formal charges
being brought against them. In the case of common criminals,
the law requires that they be brought within 96 hours before a
magistrate who decides whether formal charges will be filed.

Approximately six well-known political opponents live in
exile. Several of them have been sentenced to death in
absentia for crimes against the State. However, during the
December 1, 1985, National Day celebration President Kolingba
indicated a possible willingness to move toward reconciliation
with opposition elements. On October 23, 1986, former Emperor
Jean-Bedel Bokassa unexpectedly returned to the Central African
Republic from his exile in France. Bokassa, who was sentenced
to death in absentia in 1980 for crimes including murder,
cannibalism, and embezzlement, was immediately detained and is
being retried in local criminal court.

The Government has been cited by the International Labor
Organization (ILO) for being in violation of ILO Conventions
29 and 105 for allegedly imposing compulsory labor on
prisoners jailed for unauthorized political activities.

e. Denial of Fair Public Trial

In most cases involving common criminals, the Government
permits French-modeled legal procedures to be fairly and

CENTRAL AFRICAN REPUBLIC

openly applied and the laws to be properly executed. The new
Constitution continues the provisions of the constitutional
decree of September 21, 1985 which states that the judiciary
"is guaranteed independence (from) the legislative and
executive (power)." The President of the Republic is the
guarantor of that independence in his role as "President of
the Supreme Magistrative Council."

A special tribunal comprising civilian magistrates and
military advisers adjudicates political cases. The special
tribunal differs from ordinary courts in that there is no
appeal process except for the possibility of presidential
clemency, and trials must be specifically authorized by the
President. Political detainees have a right to legal counsel
from the start of formal procedures. President Kolingba has
authorized the meeting of the special tribunal on a fairly
frequent basis. Trials are open to the public, and the
proceedings are often reported in the local media.

The number of political prisoners is unknown. The case of
High Commissioner Francois Gueret, secretary general of the
banned political party. Movement for Democracy and
Independence, has been well publicized and is not atypical.
In February 1985, he was arrested and charged with destroying
administrative documents and inciting public disorder. When
the state prosecutor found insufficient evidence to support
those charges, Gueret was charged with refusing to wear the
military uniform required of High Commissioners. A judicial
inquiry recommended his release at the end of April.
Nevertheless, he continued to be detained and was finally
charged with trying to overthrow the Government. A public
trial, under a special tribunal, was held, and he was
convicted and sentenced to 10 years in prison. His sentence
was reduced to 5 years by presidential clemency on September
1, 1986. On December 1, 1986, Gueret was released as a result
of Presidential clemency. Another prominent political
prisoner. Major Gregoire Miango, first arrested in October
1983, was released on April 14, 1986. However, he is not
allowed to travel outside his home town where he currently
resides with his family.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Except for political and security matters, the Government does
not generally interfere in the private life of citizens.
There is no forced membership in any political organization,
and there is no interference with the right to marry or have
children as one chooses. Parents are free to teach their
children religious beliefs and practices, with the exception
of the Jehovah's Witnesses (Section 2.c.). The criminal code
prohibits the invasion of the home without a warrant, and this
prohibition is not generally abused in civil and minor
criminal cases. However, if a political crime is involved,
ordinance 81/035, which instituted the special tribunal,
authorizes searches at any time and at any place. These
searches have been conducted without specific warrants.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The right to speak publicly about political developments or to
criticize the Government is circumscribed although most people
feel free to comment privately on political affairs. The

CENTRAL AFRICAN REPUBLIC

Government prohibits the distribution of tracts and literature
deemed to be subversive. Since July 1, 1986 there has been
only one regularly published newspaper, which, along with
others that appear sporadically, is carefully monitored by the
Government. Radio and television are also controlled by the
Government .

b. Freedom of Peaceful Assembly and Association

Only assemblies of a nonpolitical nature can take place
without government approval. Unlawful assemblies are
disbanded by government forces, and in some instances some of
those participating in the assemblies have been arrested.

In 1981, Kolingba suspended the General Union of Central
African Workers, and no effective labor movement has existed
in the country since that time. The Government tacitly
approves of an apolitical labor federation that exists mostly
on paper and has no collective bargaining authority. The ILO
has a case pending before it involving the Central African
Republic's alleged violations of the right to freedom of
association under ILO Convention 87. The Government has yet
to provide the substantive information requested by the ILO
Committee reviewing the case. The right to strike exists in
principle, although fear of government reprisals has dampened
the enthusiasm of potential strikers.

In response to a month-long student strike in March-April
1986, the Government has banned boycotts of classes and all
demonstrations by school children and university students,
except for those authorized by the Ministry of the Interior.
Those violating this prohibition face up to a 3-year prison
term.

c. Freedom of Religion

The Government does not generally interfere with religious
activities. Religious organizations and missionary groups are
provided religious freedom by Central African custom. No
single religion predominates, nor does the Government appear
to discriminate in favor of or against specific religions.

In 1986 there was a major exception to the Government's policy
of noninterference in religious activities. The Minister of
the Interior formally prohibited the activities of the
Jehovah's Witnesses on February 1, 1986. This decree was
aimed primarily against the foreign missionary Jehovah's
Witnesses who had refused to participate in

government-sponsored activities or to encourage allegiance to
the Government. As a result of this government action, all
foreign missionary Jehovah's Witnesses have left the country,
and native-born adherents to the sect are prohibited from
openly practicing their faith.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

People are generally free to move about within the country,
although there are road checkpoints. The right of voluntary
travel and repatriation is recognized. Financial and
educational constraints rather than government controls act to
restrict most foreign travel and emigration. No case of
revocation of citizenship was reported in 1986.

CENTRAL AFRICAN REPUBLIC

The country remains relatively hospitable to foreigners; the
largest foreign population living either temporarily or
permanently in the country is from Chad, with the vast
majority relying on U.N. relief for support. At the beginning
of 1986 there were some 20,000 Chadian refugees living in four
refugee camps sponsored by the United Nations High
Commissioner for Refugees and another approximately 20,000
living in Bangui and along the northern border area. Due to
the increase in political stability in Chad during 1986, many
of these refugees have been voluntarily repatriated. As of
late 1986, the total Chadian refugee population in Central
African Republic was approximately 14,500.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

On September 21, 1985, President Kolingba dissolved the
National Committee for Recovery and appointed a civilian
Cabinet, an event which continued the process begun in 1984 of
moving from a military government towards institutionalization
of a civilian government, presently composed of 18 Ministers,
4 Secretaries of State, and 3 High Commissioners. In the
referendum on the new Constitution, Central Africans endorsed
Kolingba as President, in his capacity of head of a newly
created single political party, the Central African Democratic
Assembly. Currently, President Kolingba retains all political
power, presiding over the executive branch and establishing
legislation through the Council of Ministers and by
presidential decree. Although in practice he allows his
Cabinet considerable leeway in the day-to-day activities of
government administration, he makes all important policy
decisions. Since September 1, 1981, all forms of public and
private assembly for political purposes have been proscribed,
and Kolingba has stated that he has "no intention of returning
his country to the turbulent multiparty experience of the
pre-1981 regime. "

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government does not welcome and is sensitive to
international or nongovernmental investigation of alleged
human rights abuses but does not prohibit such
investigations. Representatives of Amnesty International and
the International Committee of the Red Cross visit Bangui
periodically.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are more than 80 ethnic groups in the Central African
Republic, each with its own language. About 70 percent are
Baya-Mandjia and Banda. Preference for high government
positions has generally been given to members of President
Kolingba 's Yakoma ethnic group (approximately 10 percent of
the population). However, the preeminence of this group has
declined in the past year.

The Constitution mandates that all persons are equal before
the law without regard to race, ethnic origin, region, sex, or
religion. However, women have traditionally been accorded a
lower status than men. For example, there is less emphasis on
the importance of education for women, and this is reflected
in the fact that only 19 percent of the adult female population

CENTRAL AFRICAN REPUBLIC

is literate as opposed to 49 percent of the male population.
The rec[uirements of their work at home and in the fields
prevent many women from receiving any formal education.
Although polygamy is common, the legal system and traditional
practice support the rights of the wives and all children of
such marriages. A national women's organization exists and is
supported by the Government. There are no women ministers,
secretaries of state, or high commissioners in the Kolingba
Government .

CONDITIONS OF LABOR

Employment of children under 14 years of age is forbidden by
law. While it is only loosely enforced, jobs are in such
demand that children in the labor force are generally limited
to working as helpers in family business, such as selling food
products or cigarettes. Minimum wages have been established
by the Government, and a social security system exists.
However, much labor is performed outside the wage and social
security system and probably does not meet the established
minimum levels. The law sets maximum working hours for
government employees and most people in the private sector at
40 hours per week. Domestic employees may work up to 55
hours. There are also general laws of health and safety
standards in the work place but they are neither precisely
defined nor actively enforced.

U.S. OVERSEAS -LOANS AND GRANTS- OSLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRf: CENTRAL AFRICAN REPUBLIC

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

AMS

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TOTAL

. IN S-L0AN3

IN FOP. CURR

II-TOTAL

lEF. EC.DEV a HFP.

ELIEF AGENCY

R SCON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
D.TRAN-EXCESS STOCK,
= . OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS

GRANTS

3.6

4.8

4.3

O.D

0.0

3.6

4.8

4.3

1.2

2.4

2.2

O.D

0.0

1.2

2.4

2.2

0.0

0.4

0.0

0.4

0.0

O.D

0.0

0.4

0.0

0.4

0.0

2.0

2.1

0.0

2.0

2.1

2.0

2.1

0.0

D.O

0.0

0.1

0.0

0.1

0.0

0.1

0.0

3.7

4.9

4.4

O.D

0.0

3.7

4.9

4.4

OTHER US LOANS. .. ,
eX-lM BANK LOANS,
ALL OTHER

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

12.0

18.3

11.9

287.4

IBRD

0.0

IFC

0.0

IDA

3.0

8.0

11.9

99.1

IDB

0.0

AD3

0.0

AFOB

5.4

7.6

0.0

70.1

UNDP

4.3

2.7

0.0

35.8

OTHER-UN

2.3

0.0

8.0

EEC

0.0

74.4

CHAD

The Chadian Government is led by President Hissein Habre who
took power in 1982 in the course of a protracted civil war.
Relying upon the armed forces as his power base, Mr. Habre
heads the Council of Ministers which, along with an appointed
National Consultative Council, comprise the executive and
legislative branches of the Government. The multiethnic
National Union for Independence and Revolution (UNIR) was
created in 1984 to broaden Habre' s political base, and in 1986
it remained the only officially recognized political movement.

In 1986 President Habre vigorously pursued with increasing
success a policy of national reconciliation, which by the end
of the year had rallied all but a small remnant of the former
armed opposition to his leadership, including in late October
most of the followers of ex-President Goukouni Oueddei ' s
so-called Transitional Government of National Union (GUNT) .
Earlier in 1986, calm returned to the south when the rebel
commandos ("CODO's") rallied to the Government. Despite these
important achievements, Libya continued to occupy 40 percent
of Chad with an estimated 7,000 troops and in December was
engaged in heavy fighting with its ex-allies, the GUNT forces
in northern Chad. Thus, at the end of 1986, the Chadian
conflict had turned from a civil war, in which Libya was
backing one side, into an international confrontation between
two states, Chad and Libya. In this transformation, Habre 's
Chadian National Armed Forces (FANT), supported by increased
French military and economic assistance, played a major role.
The arrival of the French military "Operation Epervier" in
mid-February 1986, for example, helped the FANT deter the then
combined Libyan/GUNT offensive south of the 16th parallel. A
major effort is currently under way to reintegrate the former
CODO's into the FANT or into civilian occupations.

Against this background, Chad remains desperately poor, and
its estimated population of 5 million has perhaps the lowest
annual per capita income in the world ($80). Cotton
production is the major source of government revenues and
provides employment for 40 percent of the wage work force.
However, world cotton prices plunged by 60 percent in 1986,
and production costs rose to the point where Chad's
state-owned cotton firm lost money with every purchase of the
crop, threatening, inter alia, to undermine the Chadian
banking system. This difficult situation was expected to
continue at least until the early 1990 's. The Government
relies heavily on foreign donor assistance, especially from
France, to make up for lost government revenues.

Throughout its long history of civil war, Chad had been the
scene of human rights abuses stemming from rebel activities
and reprisals by government forces. In recent years in
unoccupied Chad, most human rights violations occurred in
southern Chad. The virtual end of civil strife in the south
and the end of drought conditions have prompted many of the
thousands of Chadians who had previously sought refuge in
neighboring countries to return to Chad. Libyan-occupied
northern Chad remains closed to outside observers. At the end
of 1986, the Chadian Government accused the Libyans of
extensive human rights violations in the north, including the
charge of genocide against the population, and sought U.N.
assistance in countering Libya's intensified military
activities .

CHAD

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were many credible reports of political killings in

1985. In marked contrast, there were no new reports of such
killings in 1986 in the area under Chadian government
control. The switching of numerous CODO ' s to the government
cause, strict and sometimes harsh punishment imposed upon
undisciplined soldiers, the establishment of a military code
of justice, and a general amnesty for all political exiles,
combined to produce an environment in 1986 which decidedly
discouraged political killing. Also the threat of further
invasion by the Libyan forces below the 16th parallel helped
to reduce political dissension and foster a unified war effort
in the unoccupied part of the country.

b. Disappearance

There were also no reported disappearances in unoccupied Chad
in 1986. However, a number of persons believed to be m
detention did not appear among the 119 political detainees
released by the Government on January 19, 1986, thereby
arousing suspicions that they had either died in custody or
were still being held. The Government stated that 119 was the
total number of such detainees. Amnesty Internatioiial
expressed concern in its 1986 Report (covering 1985) about the
"disappearance" of hundreds of people who were reportedly
detained by government forces, many of whom were believed to
have been the victims of extrajudicial executions.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In the long history of civil strife, there have been many
reported incidents of torture and degrading treatment by
governmental and many oppositional forces. In 1986 there was
concern for the humane treatment of prisoners of war. The
International Committee of the Red Cross (ICRC) has regular
access to several hundred prisoners of war held in Chad from
fighting predating 1986 but not to those taken in 1986,
including an estimated several hundred GU1^IT and Libyan
prisoners captured in the fighting in February and March

1986. In addition, there may be other prisoners of war taken
before 1986 who do not benefit from TCRC visits. The
Government has indicated that it will probably deny access to
Libyan prisoners as long as the Libyans deny the ICRC access
to FANT prisoners held in the north or in Libya.

Prison conditions in Chad are generally poor, largely because
of the country's poverty rather than a policy of abusive
treatment. There are reports of frequent beatings. Adequate
food is largely dependent upon outside visitors, especially
family. There are government detention centers where, because
they are not accessible to outside observers, decidedly worse
conditions may prevail.

d. Arbitrary Arrest, Detention, or Exile

The judicial system and criminal code in unoccupied Chad have
evolved primarily from the body of law inherited from the
former colonial power, France. In theory, this law
incorporates safeguards against arbitrary arrests and

CHAD

specifies detainee rights, including the right to counsel and
the right to be promptly informed of charges. However, in
practice, civil strife over more than 21 years has severely
disrupted the legal system, especially the operation of the
courts. Persons who express views critical of or different
from those of the Government are often thought to endanger the
security of the State and may be detained without trial.
There are very few lawyers in Chad, and there is no
functioning system of bail. The new Director of the National
Security Police announced in October that detainees would not
be held more than 48 hours without charge.

Amnesty International has been concerned about the detention
without trial of dozens of alleged opponents of the
Government. At the end of 1986, the number of persons
remaining in detention without charge, as distinct from
prisoners of war, was not known, but as noted above, the
Government claimed all political detainees had been released
in January.

The Government reports that there have been large-scale
deportations of Chadians from the northern portion of the
country to Libya for indoctrination, assimilation, forced
labor, or military service in the "Islamic Legion," an
anti-Chadian government force in the north under Libyan
control. Ex-President Goukouni Oueddei is reportedly under
arrest in Tripoli.

The International Labor Organization (ILO) has been critical
of Chad in the past for the use of forced labor. The Chadian
Government continued discussions with the ILO in 1986 on
revising outdated labor laws which do not meet ILO norms,
including the ILO's convention on forced labor.

e. Denial of Fair Public Trial

The Chadian judiciary has been weakened through years of civil
war and extrajudicial actions. The President appoints judges
and other judicial officials. Since 1982 the Government has
been attempting to rebuild the regular judicial system which
includes, 1 appeal court, 14 district courts, 4 labor
tribunals, and 1 special court of justice established in 1985
for processing cases involving embezzlement of public funds
and abuse of public office. There are only 2 defense
attorneys and 36 justices of the peace, which highlights the
shortage of trained judicial personnel. Judicial authorities
complain of a heavy backlog of approximately 400 cases.

There is also a traditional system of law presided over by
sultans and chiefs. This traditional system is generally
effective and fair in resolving property and other civil
disputes and in dealing with cases involving petty local
crime. In theory, decisions in customary courts may be
appealed to the regular courts.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under Chadian law, homes may be searched only during the day
and under authority of a warrant. In practice, however, there
are many instances where this law has not been respected.
There have been occasional reports of soldiers, deserters, and
bandits seizing private property.

CHAD

Correspondence carried by people traveling overland in Chad is
often checked by authorities at various points along the way.
Correspondence sent through the Chadian postal system,
however, is less likely to be subject to such controls.

In Libyan-occupied northern Chad, there have reportedly been
forced resettlements of Chadians and forced marriages between
Chadian women and Libyan soldiers,^colonizers . Also, reports
indicate that sizable quantities of livestock have been taken
to Libya from northern Chad without proper compensation to
their Chadian owners, and that Libyans use food distribution
as a means of keeping the local populations under control.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Temporary detention is a likely penalty for publishing or
spreading information considered damaging to the Government's
interests. The radio stations and the only daily news
bulletin are operated by the Government's information
secretariat. A weekly news magazine is published by UNIR.
The editors, journalists, and media technicians are employed
by the Government and do not write or publish anything which
is critical of the Government.

In late December, based on military considerations, the
Government imposed censorship on all foreign news dispatches
coming from Chad. However, it ended this censorship system at
the beginning of January 1987.

Chadian law enforcement officials have been known to
"discourage" Chadians from listening to Radio Bardai, the
Chadian opposition radio station in the north, which is
actually located in Libya. Private groups (religious and
otherwise) publish nonpolitical information freely. Major
French dailies and weekly news and feature magazines are sold
in Chad, and ideologically hostile foreign magazines are
sometimes available. The ban on the sale of the Paris-based
journal Afrique Asie, imposed in 1985 following the
publication of an article critical of the Chadian Government,
remains in effect. In 1986 a local Catholic publication,
L'Espoir, was suppressed for having published political
commentary. In 1986 an Agence France Presse correspondent was
expelled for writing "false information aimed at discrediting
Chad. "

Freedoms of speech and press are tightly controlled in the
Libyan-occupied north where the use of French, one of the two
official languages of Chad, has been largely proscribed.

b. Freedom of Peaceful Assembly and Association

In unoccupied Chad there is no forced membership in any
political organization. However, voluntary membership is
limited to the National Union for Independence and Revolution
(UNIR) and its subgroups. UNIR is working to strengthen and
extend its organization but has encountered resistance from
several ex-opposition political organizations which have
recently rallied to the Government. These political groups
vow to maintain, and have so far maintained, their individual
identities, but the Government has severely criticized
meetings of members of these political organizations in the
government-controlled press. Thus far, no other action has

CHAD

been taken against these groups. Reports from the Libyan-
occupied northern part of Chad indicate that the free assembly
of indigenous Chadians there is prohibited, including in labor
unions .

Chad's labor laws provide for freedom of association for
workers, for confederation of unions, and for the right to
bargain collectively. The right to strike exists only after
arbitration at three levels in two ministries (Labor and
Justice) fails. There are two labor union confederations in
Chad, both of which are only marginally effective and are in
large part constrained by the Government. These unions are
too weak and the economy too undeveloped for organized labor
to be a significant political force.

c. Freedom of Religion

Chad professes to be a secular state. Islam, Christianity,
and other religions are freely practiced. Both Islamic and
Christian holidays are given official status. More than 50
percent of Chad's population is Muslim, and Chad is a member
of the Organization of the Islamic Conference. Christian
missionaries may, nevertheless, enter the country,
proselytize, and provide assistance to local populations.
They are particularly active in the south. Religious
publications are allowed to circulate freely, provided they do
not engage in political commentary. There is no evidence the
Government either favors or disfavors members of particular
religions. In Libyan-occupied northern Chad, only the Muslim
religion can be practiced openly.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travel in Chad is sharply curtailed by the presence of hostile
forces north of the 16th parallel and by bandits and residual
rebel groups in certain southern and eastern parts of the
country. Travelers within Chad require proper documentation
and government travel authorization, which can usually be
obtained.

International travel is permitted. Chadians may obtain
regular passports for a fee of about $60, provided they have
been cleared by Chad's internal security services, a process
which normally takes less than 1 week.

Chadians are free to emigrate. In previous years, thousands
of Chadians fled to neighboring countries because of drought
and civil strife. As conditions improved in 1986, thousands
of these displaced Chadians returned from the Central African
Republic, Sudan, Cameroon, Niger, and Nigeria. Despite Chad's
limited material means, these repatriates, as well as those
Chadians who fled the occupied northern zone, have been well
received. There have been no known reprisals against members
of former opposition groups who have returned to Chad.

The movement of Chadians in the occupied north is reported to
be tightly controlled and severely restricted. There were
reports that occupying forces fired upon civilians fleeing
south to government-controlled areas.

CHAD

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The present political system makes no provision for democratic
change of government. Chad has been in a state of civil
strife since 1965, with various factions and as many as 11
armies contending at times for control of the country.

Since June 1982, Chad has been governed by President Hissein
Habre, who heads a French-style Council of Ministers
complemented by an appointed National Consultative Council
(legislature). Both Councils are carefully balanced to
promote ethnic and regional harmony. The source of President
Habre' s authority is the allegiance he commands from the armed
forces, the security services, and the country's only
authorized political movement, the National Union for
Independence and Revolution (UNIR) . UNIR's bylaws mandate the
popular election of lower-level officials, but, as yet, no
elections have been scheduled.

At present, laws, decrees, and ordinances are proposed by the
President and the Council of Ministers and occasionally
"discussed" by the National Consultative Council prior to
promulgation. Agreements signed in late 1985 in Gabon by the
Government and the rallying opposition parties, known as the
"Libreville Accords," provide for the drafting of a new
constitution by the National Consultative Council, to be voted
on by referendum within 4 years. The new constitution is to
provide a timeframe for free and democratic elections.

Sometimes, traditional leaders (cantonal or village chiefs for
example) are popularly elected or chosen by subordinate
members of the traditional hierarchy (village chiefs or family
heads, for example) .

In the occupied northern zone, Chadians must establish
Libyan-style "Peoples' Committees." The alliance of armed
Chadian opposition groups known as the Transitional Government
of National Union (GUNT) collapsed by late 1986 due to
disillusionment with Libyan control, military defeat, and
Habre' s successful policy of national reconciliation. The
GUNT had previously served as a front for the Libyan
occupation of northern Chad.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

As noted above, the Chadian Government permits the ICRC to
visit many prisoners of war captured before 1986. It does
not, however, permit ICRC visits to prisoners captured during
the fighting of 1986. The Libyans do not permit ICRC visits
to Chadian prisoners of war in the north.

The Government has carried on a "dialogue" with Amnesty
International and permitted Amnesty to send a mission to Chad
in 1985 to discuss human rights, including status and
conditions of prisoners of war, which the Government maintains
are held in recognized detention centers.

Chad has no internal human rights organizations, either
official or nongovernmental. Chad ratified the Organization
of African Unity's African Charter for Human and Peoples'
Rights in July 1986.

CHAD

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are some 200 ethnic groups in Chad, which can be divided
roughly between Saharan and Arab Muslim in the northern and
central regions, and negroid peoples in the south. Over 21
years of conflict have brought out the complexity of ethnic
divisions beyond simple north-south formulations. Habre has
made a serious effort to expand the ethnic and geographic
representation of his administration and to create a truly
national government by appointing ministers, deputy ministers
(secretaries of state), and administrators from all parts of
the country.

In the public domain, at least, women are generally
subordinate to men. Women contribute greatly to Chad's
agricultural productivity in virtually all aspects of
farming. They also engage in commerce, ranging from simple
market stalls to the ownership of some larger businesses. The
titular members of agricultural cooperatives still tend to be
men. Women may serve voluntarily in the armed forces,
although they are excluded from officer training programs. In
1984 a Ministry of Social and Women's Affairs was created and
has always had a woman minister. Only 1 of the 15 members of
the executive bureau of UNIR's central committee is a woman.
UNIR has a fairly active women's organization. Many women,
especially war widows and their children, have inadequate
means of support.

CONDITIONS OF LABOR

The minimum age for employment is 14. Many exceptions abound,
however, as Chad is a predominantly labor-intensive agrarian
society, with 95 percent of the population engaged in
subsistence agriculture. The statutory minimum for wage labor
is approximately $25 per month. With the Government extremely
short of funds, civil servants below the executive level
receive only 60 percent of salaries on the scale established
in 1977. Nonagricultural work is limited to 48 hours per week
with overtime to be paid for any excess. Agricultural work is
supposedly limited to 2,400 hours per year. All workers must
have at least 24 consecutive hours of rest each week, usually
on Sunday. Occupational health and safety standards are
established by law and ministerial decree but, as with most
social legislation, enforcement is weak.

U.S.OVERScSS -LOANS ANO GRANTS" OBLIGATIONS AND LOAM AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: CHAD

1934

1935

1986

I. ECON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

AMS

ANTS

.SU=P. ASSIST.) .. .

FOR PEACE ,

ANS

ANTS

I-TOTAL

. IN $-LOANS....,
IN FOR. CURR .. .. .

II-TOTAL

lEF.eC.DEV 5 WFP,
ELIEF AGENCY....,
R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS ,

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS <

GRANTS

A. MAP GRANTS

a. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG.
D.TRAN-EXCESS STOCK
E. OTHER GRANTS ,

III. TOTAL ECON. & 'ML.

LOANS

GRANTS

16.0

35.4

15.5

0.0

16.0

35.4

15.5

11.0

15.5

0.0

11.0

15.5

3.0

5.0

9.8

5.0

19.9

0.0

5.0

19.9

0.0

5.0

19.9

0.0

3.8

13.6

0.0

1.2

6.3

0.0

O.D

D.O

0.0

2.2

5.2

5.9

0.0

2.2

5.2

5.9

2.0

5.0

5.7

0.0

0.2

0.0

13.2

40.6

21.4

0.0

18.2

40.6

21.4

OTHER US LOANS. .. .
EX-IM SANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

5.2

11.0

.15.0

306.6

IBRD

0.0

if:

0.0

IDA

0.0

15.0

. 95.4

103

0.0

A03

0.0

AFOB

0.0

0.0 .

0.0

49.1

UNDP

5.2

4.3

0.0

39.5

OTHER-UN

0.0

6.2

0.0

15.8

ESC

3.0

0.0

106.8

COMOROS

The Comoros unilaterally declared its independence from France
in 1975. The first President, Ahmed Abdallah Abderemane, was
overthrown almost immediately but regained power in 1978 when
mercenaries ousted the increasingly repressive and xenophobic
regime of Ali Soilih. Abdallah was reelected unopposed to a
second 6-year term in 1984. In recent years, constitutional
amendments have strengthened the President's position, notably
in the appointment of governors, in the centralized collection
of taxes, and in the establishment of a single legal political
party, the Comorian Union for Progress (UCP) . Village
notables and religious leaders dominate local politics while
three major families, the President's being one, control most
of the import-export business.

A 75-member mercenary force continues to train and lead the
Presidential Guard, the best equipped security force in the
islands. French technical assistance is provided to the small
Comorian armed forces and the Gendarmerie. Each island also
has a local police force.

Agriculture dominates economic activity. With a population of
450,000, likely to double by the year 2000, the Comoros are
rapidly approaching full utilization of arable land. Revenues
from the export of copra, vanilla, essence of ylang-ylang, and
cloves cover only a portion of necessary imports. There are
no industries, inadequate port facilities, and limited highway
and communications infrastructure. The Comoros are part of
the francophone Africa monetary zone, and the Government
depends heavily on France for budgetary support and technical
assistance .

There was little change in the human rights situation in 1986
from 1985. Following the aborted coup attempt by Comorian
soldiers in March 1985, which resulted in the trial and
conviction of 77 coup plotters, the Government arrested 30
soldiers at the end of 1985 for planning a second coup attempt.
Most of those detained and sentenced in connection with both
plots have now been released.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of government-inspired disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Reports that mercenaries beat alleged coup plotters were
investigated by several human rights groups in 1985 and again
in 1986. Amnesty International's 1986 Report indicated that
one prisoner was said to have been beaten to death during
interrogation.

Penal discipline is lax; most prisoners are usually released
during the day for prayers and work. Families are expected to
help provide their meals. The arrest of some 200 persons

COMOROS

after the first coup attempt resulted in severe overcrowding
of the Comoros' meager prison facilities until early 1986 when
many of the prisoners were released.

d. Arbitrary Arrest, Detention, or Exile

The Government made large-scale arrests after the March 1985
coup attempt, and it kept about 80 of the principal suspects
in extended incommunicado detention. Mercenaries reportedly
participated in many of the arrests and in the interrogation
of detainees. Current legal procedures permit the government
to take such actions, especially in security cases. The role
of the mercenaries in the interrogation process was not
authorized and was quickly terminated. As of the end of 1986,
all persons arrested in connection with the 1985 coup attempt
and its aftermath had been subjected to judicial process. At
the end of 1986 there were no persons in detention on political
grounds .

There is no evidence of forced or compulsory labor.

e. Denial of Fair Public Trial

The 1978 Constitution provides for the equality of all citizens
before the law and the right of all accused persons to a
defense. The judiciary is independent in regular
civil/criminal cases, and trials are open to the public. The
Comorian legal system applies a mixture of Islamic law and an
inherited French legal code. French and Comorian experts were
drafting a new consolidated legal code at the end of 1986.
Most disputes are settled by village elders or by a civil
court of first instance.

President Abdallah ordered the establishment of a special
criminal court of appointed members to try many of the alleged
March 1985 coup conspirators, based on a 1960 decree as amended
in October 1985. Charges were not lodged until September, and
the trial was held in November. Seventy-seven persons, both
civilian and military, were sentenced to terms ranging from 10
months to life imprisonment; 18 persons were subsequently
pardoned in late 1985, but an additional 30 persons, all
soldiers, were arrested at the end of 1985 for allegedly
planning a second coup. Most of the persons sentenced or
detained in these two coup incidents were pardoned or released
during 1986. Approximately 34 alleged coup plotters were being
held at the beginning of 1987.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
with privacy in 1986.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of expression. Comorians
discuss and criticize their Government and its leading
personalities in private but not in public. The only local
news media are the government-controlled radio station and
monthly newspaper, which are self-censoring when covering
domestic events. Foreign journals and newspapers are
available, as are books from abroad.

COMOROS

Clandestine tracts critical of the regime continued to
circulate, despite several arrests and the occasional
confiscation of printing equipment. Cassettes made in Iran
and distributed by disaffected youths in Anjouan in early 1986
prompted the arrest of 35 Islamic students and the confiscation
of pro-Khomeini materials. The students were released
uncharged 3 weeks later, after intense pressure from
influential family members for their release.

b. Freedom of Peaceful Assembly and Asociation

The Constitution states that freedom of association and freedom
to form unions are guaranteed, as well as the right to strike.
In practice, these rights are partially circumscribed. In
theory, all legal political activity takes place within the
UCP. In practice, however, social occasions, such as the
traditional lavish, extended Comorian weddings, serve as
vehicles for intense political activity. Anniversaries of the
death of former political figures and funerals of prominent
Comorians sometimes also carry political overtones. On June
10 the end of Ramadan featured a street demonstration in favor
of an opposition figure recently returned from France. The
Gendarmerie promptly dispersed the crowd but made no arrests.

The wage labor force is small, and unions are not effectively
organized. The scarcity of jobs is also a serious restraint
on labor organization. As a result, there have been no
strikes, but the Government's inability to pay wages and
salaries on schedule sometimes results in work slowdowns,
absenteeism, and informal peaceful protests to Comorian
authorities .

c. Freedom of Religion

An overwhelming majority of the population is Muslim. The
Constitution holds Islam to be the "wellspring of the
principles and rules which guide the State and its
institutions." However, the Government upholds the right of
non-Muslims to practice their faith. There are churches for
the small Protestant and Catholic populations. Christian
missionaries work in local hospitals and schools, but they are
not allowed to proselytize.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Movement within and outside the Comoros for citizens and
foreigners is not restricted. A Comorian community abroad,
concentrated in France, includes many persons who oppose the
Government. In 1986 there was no evidence that those returning
to the Comoros were subjected to government reprisals.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

During the Soilih period, undisciplined youth committees often
terrorized society, all of the country's civil records were
destroyed, and prominent families faced intermittent
persecution. Soilih openly challenged the dominance of Islam,
alienating much of the devoutly Islamic population. The Soilih
experience caused many Comorians to fear radical change. The
restoration of President Abdallah in 1978, and a commitment to
moderately paced change, ended that phase of radicalism.

COMOROS

Abdallah remains the single most important factor in Comorian
politics. He commands the personal loyalty of the mercenary-
led Presidential Guard, and his position is buttressed by his
own personal wealth. The inability of a fragmented opposition
to coalesce around a viable alternative to Abdallah has also
reinforced the President's position. Abdallah has been in
conflict with some of the leading "notables" since a cabinet
reshuffle in 1985. The replaced notables have undertaken a
"constitutional" effort to depose Abdallah. Discontent with
the privileges of the Abdallah family and frustration with the
notables' modest role in Comorian political life surfaced in
the debates in the 38-member National Assembly in 1986.

According to the Constitution, Assembly elections must be held
within 5 years of the previous election. Abdallah' s political
party, the UCP, was made the sole legal party in a 1982
amendment to the Constitution. However, Abdallah has
indicated that all political groups can nominate candidates
for the next election to be held in March or April 1987.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The March 1985 coup prompted an investigation by several
international human rights groups of the extended detention of
alleged coup plotters. Subsequently the Interior Minister
delivered a bitter rebuttal of published criticism of the
Comorian human rights situation by Amnesty International and
other human rights entities. He claimed that the Government
invited all interested groups to make an on-the-spot
examination of conditions in Comoros.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The constitutional deference to Islam formalizes the deeply
held commitment of most Comorians to an Islamic world view.
The Comorian commitment to a free society is essentially a
traditional Islamic one of an open marketplace, tolerance of
other religions, and equality of Muslims before Allah. The
society respects authority based on inheritance, age, wealth,
and religious leadership. The Government demonstrated its
nervousness about fundamentalist Islamic groups by the
detention early in the year of the 35 Anjouan students. The
Constitution formally provides for the equality of citizens
regardless of race, sex, or religion, but men have a dominant
role within Comorian society. At traditional ceremonies and
social gatherings, the sexes are separated. Suffrage is
universal, but the opinions of husbands and fathers exercise a
formidable influence over women's voting habits. Yet women
are neither veiled nor limited to minor civil service posts.
Women have the right to participate in the political process,
but tradition has discouraged the exercise of that right.

CONDITIONS OF LABOR

Young children are employed in household chores but not in the
public or commercial sector. The lack of a minimum age for
employment does not in practice encourage child labor abuse
because jobs for adolescents and young adults are scarce, and
wages for workers of all ages are very low. There is no
industrialization or factory activity. Wages and standards of
occupational safety and health are consistent with Comoros'
status as one of the world's poorest countries. Hours of work
in any category rarely exceed 35 hours per week.

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: COMOROS

1984

1985

1936

I.ECON. ASSIST.-TOTAL .. .

LOAMS

GRANTS

A. AID

LOANS

GRANTS ,

(SEC. SUPP. ASSIST.) .. .

b.FOOD FOR PEACE

LOAMS. ,

GRANTS

TITLE I-TOTflL

REPAY. IN ?-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

£. RELIEF. EC. OEV 5 WFP,

VOL. RELIEF AGENCY

C.OTHER E:0N. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

•TOTAL,

II.MIL. ASSIST.

LOANS ,

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL. EO.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS....

MIL,

1.6

0.6

0.8

0.0

1.6

0.6

0.8

0.4

0.8

0.0

0.3

0.4

0.8

0.0

0.3

0.2

0.0

0.8

0.2

0.0

0.8

0.2

0.0

0.8

0.2

0.0

O.D

0.0

1.6

0.6

0.8

0.0

1 .6

0.6

0.8

OTHER US LOANS. .. ,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

3.3

5.4

0.0

36.0

I3R0

0.0

IFC

Q.O

0.0

, 0.0

lOA

7.8

0.0

32.8

103

3.0

0.0

AD3

0.0

AF03

0.0

5.4

0.0

42.6

uinp

0.3

0.0

10.1

OHER-UN

0.2

0.0

0.5

EEC

0.0

CONGO

The People's Republic of the Congo is officially a
Marxist-Leninist state and is governed by an elite group of
party, cabinet, and military officials through the single legal
party, the Congolese Labor Party (PCT) . In the past year, and
particularly since Congolese President Denis Sassou-Nguesso
became the President of the Organization of African Unity,
there has been a tendency toward a more open society with
expanded contacts with the West. In addition to serving as
President of the Republic and Head of Government, Sassou is
also president of the party. The President nominates the
13-member political bureau, the key policy-making group, which
is approved by the 75-member central committee. Within the
central committee, members from the northern regions of the
country are in the majority and hold the balance of power, even
though they represent a minority of the population. The
military and security services are also firmly under the
control of the northerners, and they ultimately hold the key to
power in the Congo. The need to maintain consensus among the
political leaders representing traditionally conflicting areas
provides a check on arbitrary policies.

The security apparatus, which is under the direction of the
presidency, is headed by the state security organization (DSGE)
and is patterned after those in Eastern Europe. Its principal
objective is to protect the State against possible dissident
activity. There are also party core groups in all ministries,
labor organizations, mass organizations, and urban districts
(arrondissements) which monitor the activities of coworkers and
neighbors. In addition to the DSGE, there are the regular
police forces whose discipline is generally improving with
continuing Eastern European and Cuban training.

With its small population (1.9 million) and relatively high per
capita income (about $1,200), the Congo is one of Africa's most
prosperous countries. The economy is highly dependent on oil,
which in past years has accounted for over 90 percent of
exports. In 1982 the Congo began to implement an ambitious
5-year investment plan, concentrated heavily on inf rastructural
development, but by 1985 sharp reductions in oil revenues
forced the Government to cut its budget in half and in 1986 to
accept an International Monetary Fund adjustment program.

The human rights situation in the Congo changed little in
1986. Persons previously cited by Amnesty International as
political prisoners were brought to trial in August on charges
related to two acts of terrorism (bombings) dating from 1982.
The trial was open to the public and virtually all of the
proceedings were transmitted live on Congolese television. The
defendants were convicted and sentenced to terms ranging from a
5-year suspended sentence to death for the alleged leader.
While not politically free, most Congolese go about their daily
lives with a minimum of government or police interference.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reported cases of killing for political motives.

CONGO

b. Disappearance

There were no reported cases of disappearance for political
motives.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The practice of beating suspects at police stations and at
state security centers in the course of interrogations is not
uncommon. Neither is it uncommon for the public or the police
to beat thieves who have been caught in the act of stealing.

Political prisoners are held incommunicado, and it is
reasonable to assume that torture is used to extract
information desired by the police that is not freely given.
Several political prisoners held incommunicado in the past have
since been freed and are now leading normal lives with no
apparent ill effects. Some have managed to regain their
earlier status and are serving as government ministers. In
1986 there were no confirmed reports of torture of political
prisoners who were held incommunicado. However, during the
bombing trial in August, one defendant alleged in court that he
had been tortured while in detention, and another defendant
retracted statements he claimed to have made under duress.
Amnesty International's 1986 Report noted that some detainees
held by the DSGE in 1985 had reportedly been subjected to mock
executions and repeated severe beatings. On October 1, Amnesty
repeated its expressions of concern regarding "continuing
reports of torture" in the Congo.

Prison conditions in general are poor, and there is a lack of
adequate food, hygiene, and medical care. Both detainees and
prisoners may be visited by family or friends who bear the
responsibility for providing food, medicines, etc.

d. Arbitrary Arrest, Detention, or Exile

Whereas the Constitution guarantees protection against
arbitrary indictment, arrest, and detention, in practice a
warrant is not required to make arrests. There is a legal
requirement that a detainee be brought before an investigating
judge within 3 days of arrest. The judge may then order
detention for a maximum period of 6 months after which the
detainee must be charged or released. However, this law does
not apply in cases involving the security of the State, and
some political detainees have been held for long periods
without trial. Persons detained for nonpolitical offenses are
entitled to an attorney. Despite the Government's steps to
increase the nvmiber of magistrates and to improve the
processing of cases, the administrative processing of cases is
slow, and persons awaiting trial are often detained for
considerable periods, even in nonpolitical cases. There is no
independent bar association. At the time of trial, the
defendant has the right to a lawyer; all lawyers are under the
general authority of the Government. In criminal cases,
defense lawyers are provided by the Government for those
without funds .

Whether a detainee is formally charged usually depends upon the
seriousness of the crime and the economic situation of the
family. For lesser crimes, the person is usually taken to
jail, where he may be beaten and held for a few days, then
released on bail pending a trial, which may or may not ever

CONGO

take place. A person accused of a serious crime (e.g., murder,
rape) is held in prison until the trial, which may be months or
even years later.

There is no known forced labor in the Congo.

e. Denial of Fair Public Trial

The legal system is not insulated from political interference.
The Constitution provides for a Supreme Court which is in
practice an arm of the executive rather than an independent
body. The amended Constitution also provides for
nonprofessional judges to be elected to all courts below the
Supreme Court. The stated purpose of this change was to
"popularize justice", i.e., provide a role for tribal or
regional peers to influence the formal judicial process.
According to the law, any Congolese citizen may now become a
judge but can adjudicate cases only in collaboration with
trained judges. Each nomination must be approved by the party.

By law, the right to a fair and public trial exists in all
cases, and the judicial process is relatively fair and open for
those accused of common crimes. Also, it is not uncommon to
have a higher court reverse lower court decisions in
nonpolitical cases.

According to the Congolese Government, there are no political
prisoners in the Congo. Ten persons cited by Amnesty
International as political prisoners being held incommunicado
in 1985 were tried in August 1986 and were convicted of crimes
associated with two acts of terrorism (bombing) in mid-1982.
Two of the defendants, Jean-Pierre Thystere-Tchicaya and
Claude-Ernest Ndalla, were formerly senior government
officials. The former received a 5-year suspended sentence,
while the latter, who admitted having been in possession of
illegal explosives, was sentenced to death. This death
sentence had not been carried out by the end of 1986. The
other defendants received sentences ranging from 10 to 20 years
in prison. The trial was held in the Revolutionary Court, a
special court with jurisdiction over political cases. There
was no right of appeal. Virtually all of the proceedings of
the trial were televised live. The attorneys for the
defendants were quite vigorous and apparently competent in the
defense of their clients. On several occasions, they publicly
chided the Government for illegal practices, including torture
and coercion, in its prosecution of the case. With the
completion of the trial, there were no other known political
detainees in Congo.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There is little interference by the Government with privacy,
family, home, or correspondence. Citizens are not forced to
participate in the party or its organs. In general, so long as
a person does not engage in any activity which involves or
implies opposition to the Government, he is not oppressed or
harassed.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are restricted, despite guarantees
in the Constitution. The State owns and controls the media

CONGO

except for one weekly religious newspaper. The Government
allows some domestic criticism of policies and programs judged
not to be politically sensitive, but it does not allow its
ultimate authority to be challenged publicly. Journalists may
raise issues and concerns only within general guidelines laid
down by the Government and the party. The Government/party is
selective in the kinds of news and information it permits
Congolese journalists to publish from various outside sources
of information. Television viewers have access to Zairian
media programs. A State censorship board reviews the content
of newspapers, movies, books, and records. Publications are
subject to censorship if they contain critical articles. For
example, one issue of a church newspaper was seized and burned
as a result of some mild criticism of the Third Party Congress,
and a warning to the church was later published in the party's
official organ. While the Government controls the local press,
foreign journalists are generally permitted to travel freely
once an entry visa and a special permit for travel to the
interior are obtained. These are usually granted.

b. Freedom of Peaceful Assembly and Association

The right of peaceful assembly is limited by the State's
perceived self-interest. Political meetings are permitted only
for the party and its organizations. Government permission is
not required for groups to assemble for religious and social
purposes but is required for use of official facilities.
Government authorization is also required to establish
professional clubs and organizations, of which there are
several .

The labor code adopted in March 1975 is quite liberal in
theory, and guarantees the right of association. However,
given its past active political role, the labor movement is
closely scrutinized and controlled by the Government and
party. In practice, the party controls the unions, largely
through the umbrella union, the Congolese Trade Union
Confederation (CTUC), which is an appendage of the party. The
party approves the national leadership of the CTUC. No group
is allowed to form an independent, alternative union outside
the party, which led to a complaint to the International Labor
Organization (ILO) that the Congo was not observing the
Convention on Freedom of Association (No. 87). The CTUC is
represented in every ministry and state owned enterprise and
serves on mandatory boards which include a union representative
along with a member of the Government and the party. Known as
the "determinant trilogy," this structure is responsible for
ensuring that the three major points of view are represented in
the decisionmaking process and serves as the Congo's form of
collective bargaining. The CTUC unions are prohibited from
striking, although wildcat strikes do occur with relative
impunity. The local unions within the Confederation have been
able in some instances to persuade the Government to provide
workers with increased benefits. As long as political subjects
are avoided, there is also a certain degree of democratic
dialogue within the labor movement and with the Government.
The CTUC maintains relations with recognized international
organizations such as the ILO.

c. Freedom of Religion

Freedom of religion is guaranteed by law. In practice, party
members are prohibited from practicing any religion. Religious
organizations (churches, the Salvation Army, etc.) must obtain

CONGO

the Government's permission to work in the Congo. Jehovah's
Witnesses, for example, are not permitted in the Congo,
allegedly because Witnesses do not recognize the authority of
the State. With these exceptions, the party does not normally
interfere in religious affairs. The Catholic Church, the
largest congregation, maintains a seminary for the training of
its clergy and has missions throughout the country. Masses are
held in the various local languages as well as in French. The
Catholic Church publishes the only independent newspaper. La
Semaine Africaine. Catholic and other missionaries are active
in running private missions and clinics and provide other
social services. While some of these services are joint
ventures between church and government, many of the services
formerly provided by churches have been abolished. The
Government is officially atheist. Christmas Day is called
Children's Day.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government exercises limited control over the internal
movement of its citizens through identification card checks.
There are control points in Brazzaville manned by soldiers who
occasionally open fire on people who fail to follow their
instructions or who inadvertently drive into restricted zones
at night. Congolese citizens who wish to travel abroad require
exit authorization from the Office of State Security. For most
citizens this is a fairly routine process. However, those who
are suspected of traveling for political motives encounter
obstacles in obtaining such authorization. Government
employees traveling abroad must obtain permission from the
appropriate government office. Passports must be returned to
the Office of State Security after the traveler's return from
abroad .

The Government exercises tight control over travel by
foreigners in the Congo. Most visas are for one entry only,
exit visas are required for nondiplomats , and those desiring to
travel into the interior must obtain permission from the
appropriate ministry.

There have been no known instances of Congolese being refused
the right to return to their country. Citizenship may be lost
under conditions established in the nationality code. For
example, citizenship may be lost by taking citizenship in
another country or for conviction of espionage. There are no
known cases of a native-born Congolese being denied citizenship
as a punishment.

The Congo is the home of about 1,200 exiles and refugees,
mostly from surrounding central African states. While refugees
are subject to surveillance and occasional harassment by the
Government, there were no cases of forcible repatriation in
1986. The Congo is a signatory to the U.N. Convention and
Protocol Relating to the Status of Refugees, and a
representative of the United Nations High Commissioner for
Refugees is resident in Brazzaville. Amnesty International has
expressed concern over the 1985 detention without trial of
several Zairian asylum-seekers, including Antoine Gizenga, a
former Deputy Prime Minister of Zaire.

CONGO

Section 3 Respect for Political Rights: the Right of Citizens
to Change Their Government

While the President is the most powerful single person in the
Government, his authority is limited by his need to maintain a
consensus in the political bureau of the party. The balance of
power in the political bureau and in the larger central
committee is held by northerners to the detriment of the far
more numerous southerners. Military officers occupy key
positions among the ruling group and help ensure its
continuation in power.

The Congolese people do not have the right to change their
Government through democratic processes. Opportunities for
political involvement by Congolese citizens are limited to the
Congolese Labor Party, including its "mass" organizations, and
to participation in the national, regional, and local
assemblies. No other political parties are permitted to
operate. Party membership, which numbers approximately 8,700
out of a total population of almost 2 million, is highly
controlled and membership is awarded on the basis of loyalty
and political performance.

While the Third Party Congress in 1984 declared the National
Assembly the supreme organ of state, its powers are in fact
limited. The national, regional, and local assemblies are
"elected" from single-party approved lists. Such lists present
only one candidate for each position to be filled. However, the
candidate selection process can involve a certain amount of
give and take, and incumbents have been turned out of office in
the process. Representatives of the National Assembly are
chosen from all walks of life, including from traditional
leaders, small farmers, and workers. The Assembly has some
impact on social and economic issues, and assemblies at the
local and regional levels may discuss issues before the
decisions are made at the national level.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no human rights organizations in the Congo. Amnesty
International was permitted to send observers to the 1986
bombing trial .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Under the Constitution there is no official discrimination
based on race, sex, religion, language, or social status. As
noted, northerners carry disproportionate influence in the
political and security organs. Women have the same rights as
men in the private, political, and social domains. There is a
large disparity in practice, however, between salaries for men
and women, and women are relegated to a secondary role in the
modern sectors of society. In traditional society, women are
often the chief decisionmakers. Five women are members of the
party's 75-member central committee, and one is Minister of
Basic Education and Literacy, the only woman in the 27-member
Cabinet. This latter position is important as the Congo
historically has stressed the importance of literacy and
devotes almost a third of its budget to education.

CONGO

CONDITIONS OF LABOR

Revenues from oil production allow the Governnient to employ
large numbers of Congolese for various governnient organizations
including state corporations. Working conditions for Congolese
in the modern sector are generally good. These include a
minimum working age of 16, a maximum 40-hour workweek, at least
1 day of rest per week, family benefits, and medical aid.
However, there is no social security, and the minimum hourly
wage is $0.34 for city employees and $0.29 for agricultural
workers. Domestic workers must be paid at least $60 monthly.
There is a code of occupational safety and health, although it
is probably not enforced. While many Congolese have a
generally high standard of working conditions and social
benefits, most of the population is still engaged in
subsistence farming.

U.S.OVERSeaS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRy: CONGOx REP. OF

1 984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
iJ.FOOO
LO
GR
TITLE
REPAY
»AY.
TITLE
E.REL
VDL.R
C.OTHE
LO
GR

ASSIST. -TOTAL,

ANS.

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS

I-TOTAL

. IN S-LOANS

IN FOR. CURR

II-TCTAL

lEF.EC.DEV i WFP,

ELIEF AGENCr

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL

LOANS ,

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL. EO.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. 3 MIL.

LOANS

GRANTS ,

1.0

1.4

0.7

0.0

1.0

1.4

0.7

1.3

1.2

3.7

0.0

3.0

0.0

1.0

1.2

0.7

0.0

O.D

3.2

0.0

3.0

0.0

0.2

0.0

0.2

0.0

0.2

0.0

3.0

0.0

3.0

0.0

o-.o

0.0

0.3

0.0

3.0

0.0

1.0

1 .4

0.7

0.0

3.0

0.0

1.0

1.4

0.7

OTHER US LOANS...,
EX-IM BANK LOANS.
ALL OTHER

33.8

33.3

0.0

12.1

0.0

0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-86

TOTAL

7.3

3.2

26.8

366.8

ISRO

0.0

o'.o

111.7

IFC

1.5

0.0

2.7

7.9

IDA

0.0

74.0

ID3

0.0

AD3

0.0

ArOB

3.0

2.3

0.0

36.0

UNDP

1.8

0.9

0.0

27.0

OTHER-UN

3.0

0.0

2.5

ee:

i.O

0.0

24.1

107.7

COTE D'lVOIRE

Cote d'lvoire, a former French colony which gained independence
through a peaceful transfer of power in 1960, is a one-party
state with a civilian government. Power is concentrated in
the Democratic Party of Cote d'lvoire (PCDI) and its long-time
leader. President Felix Houphouet-Boigny, now 81 years old.
Although the freedom to form other parties is guaranteed by
the Constitution, in practice no other party has been allowed
to participate in the political process. More open discussion
of government policies has been permitted since the country's
first competitive elections in 1980 for PCDI, municipal, and
legislative positions. Membership in the party organs, the
number of municipalities which have elected leadership, and
the representation in the National Assembly have all steadily
expanded in the last 26 years to reflect the growth and
diversity of the Ivorian population. However, the unicameral
National Assembly has never publicly challenged a policy put
forth by the executive branch.

The Ministry of Internal Security includes the Surete National
and the Gendarmerie, the national police service structured
along French lines. The Surete has an arm tasked with
intelligence gathering and counterespionage responsibilities.
The Gendarmerie is responsible for territorial security,
especially in the rural areas.

Cote d'lvoire has enjoyed considerable economic development
since independence, but poverty still prevails in much of the
country. The Ivorian economy is market-oriented and open to
foreign investment. During the 1980s Cote d'lvoire has been
squeezed by a heavy debt burden and flat prices for its exports
on world markets. In response, the Government introduced
austerity measures to offset reduced revenues. Gross domestic
product rose by 4 . 7 percent in real terms in 1985.

The human rights situation in Cote d'lvoire remained generally
satisfactory. The President continued to advocate "dialog" in
settling disputes, generally seeking to involve dissenters in
the operation of the one-party structure rather than to isolate
them. There are no known political prisoners, and there have
been no known executions of political opponents. Detainees,
especially non-Ivorian Africans, are routinely treated roughly
by the Surete National and the Gendarmerie upon arrest.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There have never been reports of officially sanctioned
political killings.

b. Disappearance

There were no reports of officially sanctioned abduction or
disappearance .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Ivorian penal code prohibits official violence without
legitimate justification. The code does not, however,
specifically mention or prohibit torture nor does it define

COTE D' IVOIRE

what constitutes "legitimate justification" or the level of
violence officials may use if "justified". There were no
reports of torture during 1986, and systematic cruel, inhuman,
or degrading treatment of persons or prison inmates is not
thought to occur. Foreign Africans are treated more roughly
by police on arrest than are Ivorians. Prisoners are allowed
visits from attorneys of their choice and from family members,
who must provide food to supplement the sparse prison diet.
Prisons are crowded and conditions are poor. Sanitation and
medical facilities are minimal.

d. Arbitrary Arrest, Detention, or Exile

The Ivorian Constitution and pertinent statutes prohibit
arbitrary arrest or imprisonment. However, the Government has
occasionally detained persons considered a threat to internal
security. It also takes firm nonviolent measures against acts
it considers threats to internal security. The Government has
used the threat of forced conscription to discourage student
involvement in antigovernment activities. Some prominent
critics of the Government have chosen to live and write
elsewhere; on the other hand, political exiles from a number
of countries have found Cote d'lvoire a hospitable safehaven.

Under the Ivorian penal code, a public prosecutor can order
the detention of a suspect for up to 48 hours without bringing
charges. The code dictates that further detention must be
ordered by a magistrate who can authorize periods of up to 4
months but must provide the Minister of Justice, on a monthly
basis, with a written justification for continued detention.
There have been no reports that officials failed to adhere to
these legal guidelines.

There is no forced labor in Cote d'lvoire.

e. Denial of Fair Public Trial

Ivorian law establishes the right to a fair public trial. This
provision is generally respected in urban areas. In rural
areas, justice is often administered at the village level
through traditional institutions. These are increasingly
superceded by the formal judicial system and are increasingly
confined to purely local questions such as domestic disputes,
minor land questions and family law. Dispute resolution is by
extended debate, with no known resort to physical or similar
punishment. There is general agreement that the judicial
system is independent of the executive m practice as well
under the Constitution's separation of powers. Defendants
accused of felonies or capital crimes have the right to legal
counsel, and the judicial system provides for court-appointed
attorneys for indigent defendants. In practice, however, such
attorneys are not readily available. The Court of Appeals
reviews verdicts of civilian courts. Civilians are not tried
by military courts. There are no appellate courts within the
military justice system. Persons convicted by a military
tribunal occasionally request the Supreme Court to set aside
the tribunal's verdict and order a retrial.

Cote d'lvoire marked its 25th anniversary of independence on
Decertiber 7, 1985, by releasing 9,500 of its 13,000 convicted
prisoners. Prisoners involved in violent crimes and armed
robbery were reportedly not included in the amnesty.

COTE D ' IVOIRE

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

With a few exceptions, all Ivorian citizens are considered to
be members of the PDCI . Party regulations call for active
participation in party activities and payment of dues; however,
these regulations are not strictly enforced. Ivorians who
choose not to participate do not suffer retaliation. It is not
known what percentage of the population actively participates
in the party. The code of penal procedures specifies that a
police official or investigative magistrate may conduct
searches of homes without a warrant if there is reason to
believe there is evidence concerning a crime on the premises.
The official must have the prosecutor's agreement to retain
any objects seized in the search. He is required to have
witnesses to the search, which may not take place between the
hours of 9 p.m. and 4 a.m. Legal safeguards against arbitrary
searches are generally respected in urban areas but are
sometimes ignored in the countryside.

In the past there have been scattered reports of forced entry
or other violations of the home, specifically involving
foreign Africans. There is no evidence that correspondence
and telephone conversations have been monitored.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There is a limited range of free expression in Cote d'lvoire.
Critics of the Government feel free to, and do, express
themselves in informal situations without fear of reprisal.
Public criticism of basic government policies, the party, or
the President, however, rarely occurs. Limits — such as the
cancelation of gatherings — are occasionally placed on the
expression of controversial views in public forums. As a
result of 1982 student disorders, only apolitical gatherings
are now permitted on campus, but students still speak freely
about politics in informal situations.

The country has one privately owned daily newspaper; its
editorial opinion follows the policies of the PCDI . The one
weekly newsmagazine is controlled by the party. The
publishing of additional nongovernment publications is not
prohibited. The Ministry of Information, Culture, Youth and
Sports operates radio, television, and a wire service.
Government policy assigns the media a positive role in
promoting national unity and development. It allows criticism
of failures to execute policy but not criticism of the
policies themselves. Investigative journalism is permitted
except with respect to the Government and its policies. The
Government has occasionally banned a critical publication,
such as Islam and Cote d'lvoire. Foreign publications are
readily available, but occasionally issues which are
particularly critical of the Ivorian Government, the party, or
the President are seized. In July 1986, the Government
brought to the French Government's attention its displeasure
with two Paris publications which were critical of the Ivorian
leadership.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is generally respected, except when the
Government perceives a significant and immediate danger to
public order. In such infrequent cases, the Government

COTE D ' IVOIRE

prohibits meetings and arrests persons who disregard its
orders, as for example in 1985 when students staged public
demonstrations to protest against a drop in scholarship aid.
The vast majority of those arrested were released shortly
thereafter. There is no history or tradition of assembly for
purely political purposes outside the established party
structure .

The majority of unions are organized and directed by a
government-sponsored union confederation, the General Union of
Cote d'lvoire Workers (UGTCI) , the leader of which occupies a
senior position in the party hierarchy. Union membership is
encouraged but not mandatory. The UGTCI is a relatively
passive coordination mechanism rather than an active force for
workers' rights. The UGTCI secretariat, however, often plays
a mediation/conciliation role in relations between labor and
management in individual businesses. The UGTCI also has
representatives in every major business enterprise.
Collective bargaining within each company takes place under
its leadership

The right to strike exists under statute, but in practice
strikes are rarely authorized by the UGTCI. The 1983 secondary
teachers' strike was broken by a presidential decree ordering
teachers back to the classrooms and threatening them with
fines and prison sentences for noncompliance. Generally, the
Government negotiates with strikers and resolves at least some
of their economic grievances. There have been no reports that
professional groups have experienced persecution or harassment.
The Government, however, attempts to bring such groups under
its wing or that of the party so as to exercise control over
their activities. Unions, trade associations, and professional
bodies are permitted to maintain relations with recognized
international professional bodies in their fields. The UGTCI
is a member of the continent-wide Organization of African Trade
Union Unity. Cote d'lvoire is a member-state of the
International Labor Organization (ILO), and the UGTCI
participates in the Ivorian delegations to ILO conferences and
events .

c. Freedom of Religion

There are no known impediments to religious expression. There
is no dominant religion, and no particular faith is favored by
the Government. The open practice of religion is permitted,
and there are no restrictions on religious ceremonies or
teaching. The most lucrative government and private sector
jobs seem to be concentrated among the minority Muslim
(25 percent) and Christian (15 percent) populations, a
phenomenon attributable more to urbanization and access to
education than to a systematic pattern of discrimination.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Ivorian Government exercises minimal control over domestic
travel, but internal roadblocks for identity checks are
common. Ivorians can travel abroad freely and can emigrate
without discrimination. Ivorians have the right of voluntary
repatriation. There are no known cases of revocation of
citizenship.

Cote d'lvoire's refugee and asylum practices are liberal. The
country has resettled or granted safehaven to Angolans,
Burkinabe, Eritreans, Ghanaians, Guineans, Liber ians, and

COTE D' IVOIRE

Vietnamese. While in Cote d'lvoire, they receive 1-year
renewable resident visas for their first 5 years in the
country, after which they may apply for permanent residence.
Cote d'lvoire does not take any significant responsibility for
the economic and social welfare of refugees, which becomes the
concern of private and international organizations.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political participation is limited to the PDCI which is headed
by President Houphouet-Boigny . No opposition groups exist
openly, and their formation is discouraged. Within the party,
the President operates through a 10-member executive committee,
a 58-member political bureau, and a 206-member steering
committee. Political power is concentrated in the President's
hands, and most important decisions are made by the President
himself. Though legally empowered to do so, the National
Assembly does not initiate legislation but only acts to confirm
legislative initiatives received from the President. It has
not publicly challenged a single government policy or
initiative to date.

Within this strictly observed one-party system, the Ivorian
Government continues to encourage more open participation in
the political process by expanding the size of the party
institutions and by permitting party member to contest
legislative, municipal, and local party elections. In the
case of the 1985 legislative elections, approximately
577 individuals ran for the 175-seat National Assembly. Beyond
the injunction to possess good character and certain age
restrictions, the 1985 elections were open to virtually all
would-be contestants. The party played no role in choosing
candidates or administering the elections. Intense competition
took place in all three elections and all citizens were
eligible to vote. Many incumbents were defeated.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has been cooperative toward inquiries into its
human rights situation, the last of which occurred in 1981.
Cote d'lvoire has a local chapter of Amnesty International.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There is no apparent discrimination based on race, sex,
religion, language or social status. All religions are
represented at top levels of government and throughout society.
Although French is the official language and the language of
instruction, radio and television broadcasts are provided in
major local languages. Social and economic mobility are not
limited by policy or custom.

Although males clearly play the preponderant role overall,
some Ivorian traditional societies accord women considerable
political and economic power. Nonetheless, in rural areas
tribal customs dictate the division of menial tasks, which are
performed mostly by women. Female circumcision continues to
be practiced among elements of the Ivorian population, although
it is rare in urban populations. Official party policy is to
encourage full participation by women in social, economic, and
political life. The role of women has recently won somewhat

66-986 0-87-4

COTE D' IVOIRE

greater prominence. In July 1986, the President appointed a
new Minister for Women's Affairs, a cabinet-level position
first created in 1976 but which had been vacant for almost
2 years. Women remain lightly represented at the higher levels
of government and the party. Ten women are deputies in the
175-seat National Assembly and 28 women are members of the
202-member Steering Committee of the PDCI . Non-Ivorian
Africans living in the Cote d'lvoire are estimated at over
2 million, half of whom are from Burkina Faso and the rest
from other nearby countries. These foreign workers play an
important role in the Ivorian economy, especially in
agriculture. The Government's policy of Ivorianization
requires that all positions be offered to Ivorians before
foreigners; this prevents foreign Africans from obtaining most
of the higher paying wage and salary jobs in the modern sector.
There were no riots in 1986 directed against non-Ivorian
Africans as had occurred occasionally in the recent past.

CONDITIONS OF LABOR

Cote d'lvoire is a signatory to and seeks to abide by the U.N.
conventions on workers' rights and conditions of employment.
Minimum wage levels and a minimum working age of 16 years of
age have been established by the Government. The Government
enforces a comprehensive work code of law. Code du Travail,
governing the terms and conditions of service for salaried
workers and providing for occupational safety and health
standards. Extensive safeguards protect those employed in the
modern sector against unjust compensation, excessive hours,
and capricious discharge from employment. Month-long paid
vacations and a substantial severance pay are guaranteed.
Government medical insurance and retirement programs provide
an element of income security for salaried employees in the
modern sector. Urban workers in the informal sector and rural
workers find conditions quite different, and occupational
regulations may be underenf orced.

U.S.OVERS£&S -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: IVORY COAST (COTE D'lVOIRE)

1934

1935

1936

I.ECON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOAMS

GRANTS

(SEC. SUPP. ASSIST.) .. .

£J. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV J WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

-TOTAL,

II.MIL. ASSIST,

LOANS ,

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
D.ThAN-EXCESS STOCK
E. OTHER GRANTS ,

III. TOTAL ECON. I MIL,

LOANS ,

GRANTS

0.0

1.6

1.7

0.0

1.6

1.7

0.0

1.6

1.7

0.0

o.a

1 .6

1.7

0.0

O.D

0.0

0.3

0.0

0.2

0.1

0.0

0.2

0.1

0.0

0.2

0.1

0.0

D.O

O.D

0.0

0.2

1.S

1.8

0.0

0.2

1.3

1.8

OTHER US LOANS....
EX-IM BANK LOANS.
ALL OTHER ,

0.0
0.0

0.0

0.0
0.0

0.0

D.O
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL ,

275.9

213.3

374.7

2302.1

IBRD

25D.7

141.3

34D.1

1308.2

IFC

1.3

2.6

12.6

31.3

IDH

0.0

7.5

ID3

D.O

O.D

0.0

5.0

A03

0.0

AFOa

19.8

59.3

0.0

95.0

UNDP

4.1

0.3

' 0.0

39.6

OTHER-UN

0.0

2.0

0.0

9.6

EEC

0.0

12.6

22.0

310.9

DJIBOUTI

Djibouti, a small, resource-poor nation located at the
southern end of the Red Sea, is a constitutional republic with
a one-party system. It has been led by President Hassan
Gouled Aptidon since it gained independence from France in
1977. By an unwritten arrangement, the President is a member
of the politically dominant ethnic Somalis (Issa) while, as
part of the political balancing act, the Prime Minister,
chosen by the President, is from the substantial minority
Afar. There is also a sizable Arab community, mainly Yemenis,
who have a prominent role in commerce. Cabinet positions are
divided among the two dominant groups, but in reality the
Issas control the civil service and the armed forces.
Presidential elections are held every 6 years, and are next
scheduled for June 1987. Djibouti has a 65-member elected
National Assembly. Since 1981, there has been a single
political party, the Rassemblement Populaire pour le Progres
(RPP) . The last legitimately constituted alternative party,
the Afar-inspired Mouvement Populaire Djiboutien (MPD), was
outlawed in 1981 following public violence.

Djibouti's armed forces consist of a small army supplemented
by an even smaller navy and air wing. Located between two
relatively giant neighbors on the Horn of Africa — both of
which have tribal affinities with an irredentist claim — the
country has a vital, additional layer of security in the form
of a 1977 mutual defense agreement with France which ensures
the continued presence of close to 3,800 French troops.

Djibouti's economy rests on the activities of a large foreign
expatriate community (over 10,000), the maritime and
commercial activities of the Port of Djibouti, the airport,
and the operation of the Addis Ababa-Djibouti railroad.
Recent economic stagnation has been compounded by the
continuous influx, since the Ogaden War (1977-79), of
refugees, economic migrants, and victims of drought and famine
from Ethiopia and Somalia. Notwithstanding the assistance of
the United Nations High Commissioner for Refugees (UNHCR) and
other relief agencies, these large movements of peoples
clearly have placed a heavy burden on the Djiboutian economy.

There was little real change in the human rights situation in
Djibouti in 1986. Despite tightening one-party rule, the
openness of the society creates an atmosphere in which most
citizens feel free to pursue their livelihood without fear of
government interference. Free enterprise is encouraged in
Djibouti's service-oriented economy, and the right of private
property and freedom of movement are generally respected. The
legal system is still in its formative stages. On any topic
not yet covered by Djiboutian legislation, the Napoleonic
Code, initiated during the French colonial period, and, to an
extent, Shari'a generally applies. Women play a secondary
role in public life.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

• a. Political Killing

There is no conclusive evidence to substantiate the occasional
allegation or rumor of government-inspired political killing.

DJIBOUTI

b. Disappearance

There were no allegations of disappearance of persons for
political causes.

c- Torture and Cruel, Inhuman, and Degrading Treatment
or Punishment

In the ethnically polarized environment of Djibouti, there are
occasional allegations of cruel, inhuman, or degrading
treatment or punishment. For example. Amnesty International's
1985 Report (covering 1984) mentioned one charge from 1983 and
expressed concern over the alleged torture of nine persons
suspected of belonging to the outlawed MPD. In 1985 and 1986,
there were no substantiated cases of such injustice. However,
in September 1986, a former political leader in exile, with
self-avowed political aspirations, circulated such charges.

d. Arbitrary Arrest, Detention, or Exile

The current system of justice is a mixture of French and
Islamic law. This mixture results in a hybrid legal system,
based mainly on the French penal code and partly derived from
Issa tribal common law. On March 19, 1985, the Government
issued a new decree limiting detention of all persons without
charge to 48 hours. Within this period, the individual must
be charged by the examining magistrate. Moreover, the
prisoner is entitled to legal counsel and must be so
informed. Although bail and personal recognizance are
provided for, a judge may choose to hold without bail any
prisoner against whom charges have been filed. Prosecutors
are required to, and generally do file charges expeditiously.
Prison conditions are barely adequate. Family members and
counsel are permitted access to prisoners, and public health
and medical services supervise health conditions in a
generally competent manner.

There is no forced labor in Djibouti.

e. Denial of Fair Public Trial

Both the State Security Court, established to deal with crimes
against the security of the state, and ordinary civil and
criminal courts permit family members and counsel, though not
the general public, to attend trials. The judiciary has
remained largely independent of military and executive
pressures .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Decree Law No. 8 of June 1980 states that government
authorities "may not enter or remain in the domicile of a
private individual without his consent and without a legal
order," except, among other circumstances, when it is
necessary to facilitate the prosecution of persons accused of
crimes and when the public order is seriously disturbed.
There are occasional reports of noncompliance with this
statute .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

All Djiboutian media are government owned and support the

DJIBOUTI

Government and its policies. Radio/Television Djibouti (RTD)
claims to receive only limited guidance from senior political
levels on handling the news it presents to the public. There
is occasional criticism of the shortcomings of local
institutions, including some involving key political and
religious figures, and of corrupt and inefficient practices in
the bureaucracy, but not of the Government itself. There are
occasional confiscations of foreign publications which contain
commentary critical of the Government. The media usually do
not carry stories which feature violence, crime, or ethnic
disturbances .

b. Freedom of Peaceful Assembly and Association

Public meetings require a permit which may be denied for
security reasons. The Government permits free association
outside the political realm, and there are several independent
social, religious, cultural, and commercial organizations.

The right of labor to organize and strike exists, but only a
small portion of the work force is unionized. Moreover, the
Government has organized the single national labor federation,
the Union Generale de Travailleurs Djiboutiens (UGTD) , and
keeps it under its control and, through it, also controls the
individual unions. Employees are not obliged to join any
union. The unions freely maintain relations with recognized
international bodies in their fields. Temporary stoppages,
usually protesting working conditions or dismissals, sometimes
occur. Most large enterprises have affiliates of the UGTD.

c. Freedom of Religion

Over 96 percent of the population is Muslim, but freedom of

religious practice, publication, and association with

coreligionists outside the country is unfettered for all
religions .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Djiboutians travel freely within and outside their country.
Passports are generally available to all citizens. There are
no currency exchange controls.

Djibouti has had a steady inflow of refugees, economic
migrants, and famine victims in the past decade. In addition
to approximately 16,000-18,000 refugees registered with the
UNHCR, there are unknown numbers (estimates run from 2,000 to
6,000) of illegal immigrants eking out an existence on the
margins of the Djiboutian economy. Most of the refugees have
received assistance from the international community in the
refugee camp of Dikhil. Several thousand more have
spontaneously settled in the capital city. Refugees in the
camps are restricted to them and are not able to move freely.

The Government has taken an increasingly firm stand in
returning Ethiopians who do not qualify for refugee status.
On July 29, 1986, Djibouti, Ethiopia, and the UNHCR decided to
resume, as of September 1, 1986, the large-scale repatriation
program halted on December 31, 1984, because of the drought.
According to the UNHCR, by December 1984 a total of 32,859
Ethiopians had been repatriated to Ethiopia, of whom 14,281
had returned to Ethiopia in UNHCR-organized rail moves, and
19,578 had returned on their own. Djiboutian police caught 12

DJIBOUTI

Ethiopians in a January 1986 sweep near the Dikhil refugee
camp and returned them to Ethiopia. Persons wishing to return
voluntarily to Ethiopia may sign up at any one of three
centers. All remaining card-carrying refugees must submit to
a case-by-case reexamination of their situation, in principle
by December 31, 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Djibouti is a one-party state whose leaders and candidates for
Parliament are chosen by the leadership of the party, the
Rassemblement Populaire pour le Progres (RPP) . While citizens
are encouraged to become involved in politics and to vote, the
party leadership, through a 14-member political bureau,
carefully controls and directs all political activity and in
1982 selected the single slate of candidates for the National
Assembly elections. There is thus no democratic means for
citizens of Djibouti to change their government, but there is
active competition within the party lists. The one-party
system was instituted in 1981, and the Government subseguently
detained leaders of the previous opposition party and
dissidents allegedly attempting to encourage ethnic strife.

Traditionally, representatives of most if not all of the
nation's ethnic groups are included in the ruling Cabinet.
However, some Afars complain that the country is run by and
for the Issas, who dominate the Government, the armed forces,
and the single party. Others complain that tribal and ethnic
considerations inhibit appointment of competent administrators.

In 1986 Aden Robleh Awaleh, an historical leader in the
struggle for independence, was expelled from the party for
activities considered prejudicial to the RPP. He fled the
country and has since been tried and sentenced "in absentia"
to life imprisonment for the bombing of RPP party headquarters
in Djibouti in January and for recruiting supporters for
criminal activity. In September he announced plans for the
creation of an opposition party in exile.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

On at least six occasions since independence, there have been
foreign press and other reports alleging human rights
violations by the Government. The Government has generally
responded to such charges either by denying them or by
permitting an investigation, as by the UNHCR and Amnesty
International in 1981. In July 1986, Djibouti became the 16th
African state to ratify the Human Rights Charter of the
Organization of African Unity.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women in Djibouti enjoy a higher public status than in some
other Islamic countries, but women's rights and family
planning are not high priorities. There are no women in
senior government or party positions. Nomadic traditions
involving female genital mutilation (particularly excision and
inf ibulation) are quite prevalent in Djibouti. The President
has recognized the key role of women in the small-trade
sector, and there is an active, local women's organization.

DJIBOUTI

CONDITIONS OF LABOR

The level of unemployment has been high since independence.
In 1980 the International Monetary Fund reported that over 50
percent of job seekers could not find work. In 1982
unemployment was estimated at 4 5 percent and underemployment
at 33 percent of the work force. Since 1983 several factors
have exacerbated this trend: the high population growth rate,
now estimated at 3 . 1 percent; the influx of refugees and
displaced persons; and the decline in French assistance and
spending. Some estimates of overall unemployment for 1986 run
in excess of 70 percent.

To combat the high unemployment rate, the Government has
adopted a labor policy that strongly favors the employment of
nationals (expatriate labor accounts for about 20 percent of
the formal sector and better paid jobs). Extensive labor
regulations inherited from France (the 1952 labor code)
continue to govern dismissal of employees, who may — and
frequently do — seek administrative recourse against their
former employers. Given Djibouti's serious unemployment
problems and shortage of skilled workers, those who are
fortunate enough to have jobs are paid surprisingly well. The
country's average per capita income is well above that of its
neighbors. Djibouti's nominal minimum wage is about $100 per
month, but a carpenter or mason will earn six times as much,
and a maid gets at least double. Social security, medical
care, and retirement systems also exist in the formal sector.
Employers normally contribute an amount equal to 18 percent of
each employee's salary to the Government's generous pension
and medical insurance programs. Retirement is normally at 80
percent of salary after 15 years of employment with a minimum
age of 50. The legal minimum age for employment is 18, and
the standard of a 40-hour workweek is observed. However, as
with other African countries, the informal sector (including
many young children who wash cars, sell cigarettes, and shine
shoes) is flourishing.

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: DJISOUTIx DEMOCRATIC REPUBLIC OF

1934 1935

1986

I.HCON. ASSIST. -TOTAL. . ,

LOANS

GRANTS ,

A. AID

LOANS

GRANTS ,

(SEC. SUPP. ASSIST.) ...

B.FOOO FO^ PEACE

LOANS. ,

GRANTS

TITLE I-TOTAL

;?EPAY. I?J $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL ,

E. RELIEF. EC.DEV I WFP,

VOL. RELIEF A3ENCY

C. OTHER ECON. ASSIST..,

LOANS ,

GRANTS

PEa:E CORPS

NARCOTICS

OTHER. . ,

I1.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING..

:.INTL MIL. ED.TRN5. .

D.TRAN-EXCESS STOCK,

E. OTHER GRANTS ,

III. TOTAL ECON.

LOANS

GRANTS. . . .

MIL,

U.l

5.2

3.4

0.0

4.3

5.2

3.4

3.0

3.7

3.4

0.0

3.0

3.7

3.4

3.0

3.5

3.4

1.3

1.5

0.0

1.3

1.5

0.0

1 .3

1.5

0.0

1.3

1.5

0.0

D.O

0.0

0.3

0.0

p. 3

0.0

2.1

2.6

2.0

0.0

2.1

2 6

2.0

2.5

1.9

0.3

3.0

0.0

0.1

3.1

0.1

0.0

6.4

7.3

5.4

0.0

6.4

7.8

5.4

0.3

3.0

0.0

3.0

0.0

3.3

0.0

OTHER US LOANS... ,
EX-IM 3AN^ LOANS,
ALL OTHER ,

ASSISTANCE FROM I N T ER N AT ION AL AGENCIES
1984 1935 1986

1946-86

TOTAL

6.0

12.7

0.0

46.3

IBRD

0.0

t).0

0.0

IFC

D.O

0.0

3.0

IDA

6.0

10.3

0.0

25.4

103

0.0

AOB

0.0

3.0

AF03

0.0

2.5

0.0

15.3

UNDP

0.0

O.C

' 0.0

4.8

OHER-UN

0.0

0.,2

0.0

0.8

EEC

0.0

EQUATORIAL GUINEA

Equatorial Guinea is a former Spanish colony in central Africa
composed of a continental province (Rio Muni) and the island
provinces (Bioko and Annobon) . It has a population of
300,000. The capital, Malabo, is on Bioko. The current
regime, under President Teodoro Obiang Nguema, took power as a
military government in the 1979 coup which overthrew President
Macias and ended his 11-year state-sanctioned policy of
terror. A national Constitution was adopted in 1982, national
and local assemblies chosen, and the military government
declared itself a civilian governinent . During 1986 the
Government enacted a law mandating the creation of a single
political party. Only party members may hold public office,
and the party controls the selection of all candidates.

The economy based on cocoa, lumber, and coffee was devastated
by the Macias years and the death or exodus of thousands of
trained and educated citizens. The economy remains extremely
fragile, despite substantial foreign aid and attempts at
reform, which include entrance into the West African Franc
Zone, debt rescheduling, and efforts to attract much needed
foreign investment, especially from France. Annual per capita
income is only $100-$200.

The human rights situation deteriorated in 1986 amid reports of
citizen harassment by poorly paid police, of discrimination
against minority groups and migrant workers, of the use of
forced labor, and of the suppression of several religious
groups. The Government arrested and detained over 100 persons
following a coup attempt in July, and subsequently it tried 15
persons under the jurisdiction of a military tribunal in
circumstances which raised doubts whether the trial met
accepted international standards. There were allegations, yet
unconfirmed, that some coup detainees were held incommunicado.
There were three confirmed cases of torture.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reported incidents of political killing.

b. Disappearance

There were no known disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were three confirmed cases of torture by police after the
attempted coup in July. In at least one case, the prisoner,
later absolved of complicity in the coup, suffered severe
injury to his arms and ankles.

Police methods are harsh and often include beatings of
prisoners either to extract information or to punish offenders
for. insolence or disrespect. The Government appears little
inclined to curb such abuses. Arbitrary police beatings of
politically powerless people, such as expatriate Nigerian and
Cameroonian workers and members of Bubi and certain other
indigenous tribes, continued in 1986.

EQUATORIAL GUINEA

Mistreatment of prisoners is officially condenmed but in fact
is tolerated. Prisoners are dependent on their families for
food. Prison conditions are unhealthy. As some cells contain
a toilet and nothing else, prisoners are often forced to sleep
and sit on the floor. Occasionally, prisoners are not even
permitted exercise. Others are taken out to work on private
plantations .

d. Arbitrary Arrest, Detention, or Exile

Despite constitutional provisions, there is no enforcement of
the right of a person in detention to be charged or released
within a certain period of time, to have access to a lawyer, or
to be freed on bail. Arbitrary arrests by security forces or
police are commonplace, usually on trumped up charges to extort
money. There were also incidents of house arrests of Jehovah's
Witnesses during 1986, with no charges being filed and no
reasons given for the arrests.

There were no known instances of any person being exiled in
1986. The Government continued to round up so-called vagrants,
illegal aliens, and ordinary citizens and put them to work.
These roundups are a means of obtaining free labor and are
often linked to preparation for important national days, the
arrival of visiting dignitaries, and seasonal needs on the
plantations of important government officials. There were
reports that members of the Jehovah's Witnesses sect were
forced by government officials to do manual labor for several
weeks although they were never charged with nor convicted of
any offense.

e. Denial of Fair Public Trial

The exact number of political prisoners is unknown but is
believed to be small. The Government does not admit to holding
any political prisoners. There continues to be no information
available on the fate of 26 persons tried on charges stemming
from a coup attempt in 1983. According to Amnesty
International, the 26 defendants did not receive fair trials.
The Government reports that the majority of the accused
received sentences varying from 5 to 10 years.

The Ministry of Justice has made little progress in
establishing a fully functional legal system, and the executive
branch has been able to act without any fear of judicial
interference. The Supreme Court justices serve at the pleasure
of the President, who replaced all but one justice early in
1986. Of 12 Supreme Court positions, only 4 have ever been
filled at the same time. The tribunal provided for in the
Constitution to decide constitutional issues has never been
established.

The current court system, which often uses local customary law,
is a combination of traditional, civil, and military justice,
and operates in an ad hoc manner for lack of established
procedures and experienced judicial personnel. Equatorial
Guinea's estimated 15 lawyers work for the Government and
consequently are unable to challenge government actions
effectively.

It is not known how frequently people are denied trials since
many detainees deal directly with the arresting authorities and
resort to bribes to gain their freedom. Most trials are

EQUATORIAL GUINEA

brief. In cases of petty theft or civil disputes, all parties
are brought before a judge for trial. In civil and criminal
cases, the judge often levies a fine in lieu of imprisonment.
In cases involving senior officials, exclusion from public
office and confinement to traditional villages are common means
of punishment .

The major court case of 1986 was the public 2-day trial of 15
individuals accused of plotting the overthrow of the
Government. The case was tried by a military tribunal instead
of a civilian court, and the proceedings were broadcast on
state radio and television. The defendants were represented by
government-employed counsel. The military tribunal sentenced 1
defendant to death, 4 to long prison terms (18-20 years), 6 to
terms of 2 years, and 4 were stripped of government positions
and set free. The single death sentence was carried out on the
day of the verdict.

The actual charges against the defendants ranged from violating
three sections of the Constitution to violating a particular
section of the Military Penal Code. The constitutional
provisions speak generally of citizens' obligations and are not
criminal statutes. In addition, it was not clear how the
military penal code applied to the civilian defendants. The
speed of the judicial process, the questionable legal basis of
the charges brought, the doubtful jurisdiction of a military
tribunal, the lack of independent counsel, and the absence of
appeal procedures raised serious questions whether the
defendants received due process.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were reports of arbitrary interference with privacy, but
not with correspondence. There is a general suspicion that
telephone conversations are routinely monitored. Search
warrants are not usually used, even though they are provided
for in the Constitution. There is no forced resettlement of
population, and no interference with the right to marry or have
children.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Open criticism of the Government is not permitted. The making
of statements critical of the President and of the state of the
economy were among the charges brought against four senior
government defendants in the July 1986 coup attempt trial.

What media exist in Equatorial Guinea are government owned and
operated. The single newspaper is in fact a government
bulletin. The officially controlled media do not criticize the
Government. The radio and television stations transmit
official government notices and imported entertainment, sports,
and religious programs. There are no prohibitions on receiving
foreign publications or periodicals, but for economic reasons
there are no such publications for sale anywhere in the
country. It is doubtful that the Government would permit the
sale or distribution of publications openly critical of its
conduct. School libraries require government permission to add
even donated books to their libraries.

EQUATORIAL GUINEA

b. Freedom of Peaceful Assembly and Association

Citizens are not free to associate publicly with others to
discuss political or economic matters, notwithstanding
constitutional guarantees to the contrary. The Government does
not permit opposition organizations. Political rallies or
unsanctioned assemblies are not tolerated. Private
nonpolitical groups, such as professional organizations and
sports groups, are generally licensed by the Government.

There are no labor unions, and there have been no attempts to
organize workers. It is widely recognizod that the Government
would not permit a union to organize, especially in the cocoa,
lumber, and coffee sectors which constitute the main economic
resources, or even among government workers. There is no
significant industry in Equatorial Guinea.

c. Freedom of Religion

Until late in 1985, there had been complete freedom of
religion. In December 1985, the Jehovah's Witnesses and
several small Pentecostal groups were banned, and their
churches and meeting houses closed without explanation. In
1986 some of their members were subject to house arrest,
harassed and, according to some reports, forced to do manual
labor despite neither having been convicted nor charged with
any crime. Missionaries of several faiths are still active and
have government permission for their activities, including
proselytizing .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no explicit restrictions on travel within the
country, but anyone found without a job in any part of the
country except his own town or village is subject to a period
of forced labor and obligatory return to his place of origin.
Exit visas are required for travel abroad. There were no
reports of any new Guinean refugees in 1986, but a large number
of refugees from the former regime continue to reside in Spain,
France, Cameroon, and Gabon. Many of them voice fears of
repression from the current Government if they return.
However, the poor state of the economy is probably the main
reason many remain abroad. The Government has repeatedly
proclaimed that returnees need not fear persecution but can
engage in political activities only within the
government-sanctioned system.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Citizens have only a hypothetical right to change their
government by democratic means. President Obiang took power in
1979 in a military coup that toppled the Macias regime, and he
used the 1982 plebiscite, which involved only approval or
disapproval of the Constitution, to declared himself
President. He will face reelection in 1989 under the present
7-year term established by the Constitution.

Under the Constitution, a partially elected, partially
appointed National Assembly was chosen. While the Assembly
includes members of minority groups, and the Assembly is
theoretically the legislative branch of government, it is

100

EQUATORIAL GUINEA

powerless to take any action not sanctioned by the President or
his Council of Ministers, members of which can be appointed and
dismissed by the President. The President has the power to
suspend virtually all rights guaranteed by the Constitution
when a threat to national security or national emergency
exists, and the President himself decides when such a threat or
national emergency exists.

In 1986 the Government enacted a law providing for a single
political party, but at the end of the year there had been no
action to organize such a party.

Section 4 Government Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has denounced and, in relative terms, has
reversed the savagery of the previous regime. It is willing to
discuss human rights issues with international organizations.
A U.N. human rights team visited Equatorial Guinea in January
1986, but their report has not yet been released. There are no
human rights groups in Equatorial Guinea.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The law states that both sexes and all tribal groups are equal
and entitled to the same rights and privileges. The Fang tribe
comprises more than 70 percent of the population and dominates
life in Equatorial Guinea, including in the allocation of top
government positions. The Bubi tribe comprises a small
percentage of the population but has historically been the
majority on the island of Bioko, where the capital is located.
Despite National Assembly elections in 1983 which returned a
proportionate number of Bubi delegates, they have little
effective political voice in government. Other tribal groups,
such as Playeros, Fernandinos, and even less-favored Fang
subgroups are similarly discriminated against in opportunities
for economic and social advancement.

For a variety of reasons, some historical and ciltural, and
others economic, women are accorded a lower status than men and
have a correspondingly lower status and influence in the
society and government. Social tradition, and the fact that
women produce most of the basic staple food items, keep most
women engaged in agricultural or domestic work. Many times
more males than females enter secondary school and a higher
proportion of the graduates are male. Women play only a minor
role in politics. The three highest positions held by women
are a mayorship and the positions of Vice Minister of Labor and
Vice Minister of Health.

CONDITIONS OF LABOR

Most salaried employment is with the Government. Salaries,
when paid, are insufficient for ensuring a decent living, and
many thus must take second jobs. Equatorial Guinea has a
statutory minimum wage of roughly $34 monthly. Government
working conditions are well within a maximum 48 hour workweek,
with a full rest day and holidays. There is no effective
monitoring of work hours and labor conditions outside of the
Government. Minimum age for employment is 16, but there is no
enforcement of this law outside the cities, and children of
various ages work as necessary to help support their families.

101

U.S. OVERSEAS -LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

CO'JNTRY: E3UAT0RIAL GUINEA/ REPU3LIC OF

1954 1985

1986

I. ICON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) . . .

a. FOOD FOR PEACE

LOANS

GRANTS. .

TITLE 1-TOTAL

REPAY. IN S-LOANS

34Y. IN =0R. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV 5 WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOAMS

GRANTS

PEACE COROS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. MAP GRANTS .

3. CREDIT FINANCING....
C.IMTL MIL.EO.TRNG. ...
O.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. I MIL,

LOANS ,

GRANTS

1.9

1.B

1.1

0.0

1 .9

1.8

1.1

1 .0

1.4

1.1

O.D

0.0

o.o

1.0

1.4

1.1

0.0

0.9

0.4

0.0

O.D

0.0

0.9

0.4

0.0

0.3

0.0

O.D

0.0

0.9

0.4

0.0

0.9

0.4

0.0

O.D

0.0

O.D

0.0

O.D

0.0

0.1

1.1

0.0

0.1

1.1

0.0

3.0

1.0

0.0

0.1

0.0

D.O

0.0

2.0

1.9

2.2

O.D

0.0

2.0

1.9

2.2

0.0

3.0

OTHER US LOANS. . . ,
EX-IM BANK LOANS,
ALL OTHER

ASSIS-TANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

7.3

23.2

6.0

59.9

I3RD

0.0

Q-.O

0.0

if:

0.0

ID4

6.0

<'.3

6.0

23.7

103

0.0

0,.0

A03

3.0

0.0

AFDB

3.1

13.7

0.0

27.1

UNDP

3.8

0.2

. 0.0

3.7

OTHER-UN

0.4

O.D

0.0

0.4

EEC

0.0

O.O

0.0

102

ETHIOPIA

Ethiopia is ruled by Chairman Mengistu Haile-Mariam who
exercises absolute power over the majority of Ethiopians. The
ability of the Mengistu regime to maintain itself in power is
based on the conviction of most Ethiopians that it is prepared
to take whatever steps are necessary to continue in power.
Chairman Mengistu holds the top post of general secretary in
the Workers Party of Ethiopia, established September 6, 1984.
The stated goal of the party is to transform the country into
a Marxist-Leninist state.

Ethiopia deploys the largest standing army in Africa south of
the Sahara, numbering over 250,000 soldiers. It uses this
power to pursue military solutions to the armed insurgencies
of varying intensities directed against the Government.
Ethiopia also supports rebel movements fighting against its
neighbors, Sudan and Somalia, in retaliation for their alleged
support of Ethiopia's internal opponents. The Government has
an extensive security apparatus which uses a comprehensive
system of surveillance and informers to strengthen its control
over the population.

The economy is currently suffering not only from the
aftereffects of the drought and civil strife (military
expenditures take 25 percent of the budget) but also from
ideological constraints, notably in the Government's efforts
to impose upon a nation of small, independent farmers a system
of collectivized and state farms.

Ethiopia's record on human rights remains deplorable.
Ethiopians have no civil or political freedoms and no
institutions or laws to protect their human rights. Over
1 million Ethiopians have fled the country, many preferring
life in refugee camps. The Provisional Military Government of
Socialist Ethiopia (PMGSE) dominates the media, labor,
education, internal and external movements of Ethiopian
citizens, and all political processes in government-controlled
parts of the country. The Government expects to hold a
national referendum in the near future on a constitution based
on Soviet and Romanian models. This constitution will provide
the legal basis for guarantees of human rights, but it is not
expected to alter the human rights practices of the present
regime. In recent years, the Government has forcibly moved
hundreds of thousands of Ethiopians, in part to improve its
control over them. Although the Government temporarily
suspended its program of forcibly resettling massive numbers
of northern highland peasants into lowland areas of the
country, a much larger nationwide program involving the
grouping of farmers in new villages accelerated in 1986. Also
in 1986, both government forces and members of various rebel
movements committed atrocities against prisoners and civilian
populations .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Ther'e were reliable reports in 1986 of the execution of
approximately 60 political prisoners in October 1985. None of
the executed is known to have been granted a trial, much less
an appeal, and the Government has never acknowledged the

103

ETHIOPIA

executions nor attempted to justify them. Among those
believed executed was Dejazmatch Asegahgen Araya Hailu,
accused by the Ethiopian Government of being a "ringleader" of
an opposition political group, and 1 of 18 persons detained
since December 1983 for "distributing antirevolutionary
pamphlets." There is uncertainty regarding the fate of the
rest of these detainees, although another. Dr. Mengasha
Gebre-Hiwut, is believed to have died under torture in 1985 at
the infamous "Third Police Station" in Addis Ababa.

In insurgent areas, political killings by both government
forces and contending factions continued. Guerrilla forces
used assassination, sniping, and the mining of roadways as
tactics against the Government, while the Government continued
to execute captured combatants and to bomb civilian population
centers. Both government and rebel forces are believed to
have destroyed crops and homes in their opponents' areas.

On March 8, 1986, members of the Tigrean Peoples' Liberation
Front (TPLF) entered a relief feeding center and clinic and
shot and killed two civilian Ethiopian relief workers, one a
nurse who was allowed to bleed slowly to death under the gaze
of her assailants. The two victims were employed by the World
Vision Relief Organization.

b. Disappearance

The most notable disappearance in 1986 was that of the
Ethiopian Permanent Representative to the United Nations and
Ambassador to Canada in April. No charges are known to have
been filed against him, and his whereabouts have not been
officially announced by the Government. He is believed to be
in a prison in Addis Ababa. Amnesty International continues
to express concern for 15 persons who disappeared in 1979 and
who are presumed dead, including the Patriarch of the
Ethiopian Orthodox Church.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Methods of torture, including severe beatings, crushing of
bones of the hand, and the use of electric shocks, although
technically illegal, are practiced by Ethiopian officials in
cases involving insurgent combatants and those believed to be
engaged in political activities against the Government.
Amnesty International states that reports indicate torture is
often practiced on Ethiopian prisoners interrogated at the
Central Revolutionary Investigation Department ("Third Police
Station") in the capital and is routinely used in other parts
of the country to interrogate prisoners about opposition
organizations .

On February 8, 1986, the TPLF stormed the main prison in
Makelle, the capital of Tigray Province, releasing hundreds of
prisoners who provided fresh examples of torture employed by
the Ethiopian Government. Interviews by the International
Federation of Human Rights of 121 of those released
documented repeated cases of beatings of prisoners while
either bound and/or suspended from a ceiling and of forced
immersion in hot or dirty water, sometimes upside down.
Certain low-level officials who arbitrarily held prisoners
without charge, however, were themselves imprisoned for false
arrest and torture in 1985 and 1986.

104

ETHIOPIA

d. Arbitrary Arrest, Detention, or Exile

Ethiopians suspected of antigovernnient actions or sentiments
are subject to arrest or detention by the security police
without charge or judicial review. Remarks considered
critical or derisive of the Government, failure to attend
mandatory political or kebele (urban neighborhood
associations) meetings, and suspicion of association or
sympathy with organizations opposed to the Government are
common reasons for arbitrary arrest and detention. In most
cases, political detainees are held incommunicado, at least
initially, and sometimes for the length of their term of
incarceration. The term of confinement for a suspect held
without legal charge is subject to the whim of the detaining
official or agent. Prisoners have been held without charge
for periods of up to 9 years.

In politically sensitive arrests, the Government generally
prefers to operate in secret, taking the suspect from home at
night. However, arbitrary arrest is not limited to the
politically suspect. Even people with no record of political
activity or political affiliations have been arrested and
detained for months or longer without explanation.

In common civil and criminal cases (but not political cases
brought before the "special court" created after the 1974
revolution), lawyers are sometimes permitted to appeal
informally to government authorities, not judges, to know the
charges against a client and to have a detainee released if no
charges have been filed.

In May 1986, over 700 prisoners were amnestied from prisons in
Addis Ababa. Throughout the year, additional small groups of
prisoners were released from time to time.

Amnesty International and others continue to press for the
release of the 10 remaining members of the royal family
detained since the revolution, all held without charge.

e. Denial of Fair Public Trial

There is no discernible separation between the executive
branch and the judiciary. Courts are subject to political
control and are responsive to the requests and directions of
Ethiopia's leadership. Ordinary criminal and civil cases are
generally based upon the submission of evidence in a public
setting. Minor cases are tried at the kebele level, while
more serious criminal accusations are tried in courts where
the accused has access to court-appointed lawyers. Members of
Ethiopia's substantial Muslim population may elect to present
their civil case to a traditional Shari'a court, if both
parties agree.

Ethiopian political detainees generally do not receive trials,
public or otherwise. No guarantee of a public trial with
counsel exists in such cases, nor is the accused permitted to
present witnesses or evidence in his or her defense.
Political trials are almost always held in secret with only
the verdict (if even that) publicly announced. Those cleared
of charges or whose terms have been completed are not always
promptly released from prisons.

There are conflicting reports about the current number of
political prisoners. If the total includes those taken

105

ETHIOPIA

prisoner as a result of ethnic insurgencies, it could well
number in the thousands. Amnesty International believes
several thousand were still being held at the beginning of
1986.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Warrants are not required for entry into or search of offices
or private homes. As a result, forced entry is commonly used
by the police and security forces, particularly during
military call-ups, although the level of this activity is
currently much lower than during the "Red Terror" period of
1977-78. However, surveillance of individuals, both visual or
through use of listening devices, has increased and continues
with no legal restraints.

All mail is subject to monitoring by the Government.
Ethiopian citizens can be called in at any time for
questioning by authorities and for mandatory kebele meetings,
political rallies, or marches. Refusal to appear for any of
the above may result in imprisonment without hearing. Every
urban Ethiopian lives under the watchful eyes of local kebele
association officials. These officials monitor visitors
received, items brought in and out of houses, any meetings,
and adherence to local curfews.

In November 1984, the Government began a massive and forced
resettlement of famine victims, especially from the northern
regions to western parts of the country. To date this program
has involved the forcible removal, transport, and resettlement
of over 500,000 persons, and eventual resettlement of up to 1
million more is projected. The program, as conducted in
1984-85, was rife with abuses, including the wholesale
separation of families and inhumane conditions of transport to
resettlement sites up to 700 kilometers distant. Following an
international outcry, the resettlement program was suspended
in December 1985. Efforts were made to improve the conditions
in the resettlement areas, but people already moved were not
officially permitted to return to their homes, although some
have left on their own. Several thousand reportedly attempted
to flee towards Sudan. Suffering from hunger, exposure, and
attacks by Sudanese rebels, fewer than a thousand reached
Sudanese relief centers. The Ethiopian Government has
publicly stated its intention to resume the program on a
"voluntary" basis in the near future.

One tragic byproduct of both drought and resettlement is the
"unaccompanied children/orphan" problem. According to
conservative estimates, there are as many as 10,000
unaccompanied children in relief areas alone, with an
additional (and presumably sizable) number of unaccompanied
children in the resettlement areas. By any accounting, many
of these children are "orphaned," that is, separated from
living family members because of the way the resettlement
program was implemented. While there have been small-scale
efforts at family reunification in several regions by both
government and private voluntary organizations, the Government
has not yet undertaken a countrywide project to reunite those
children who are not true orphans, with either immediate or
extended family members. Moreover, despite several offers by
the International Committee of the Red Cross (ICRC) to embark
on a family reunification program in resettlement areas, the
Government has not yet accepted the ICRC proposal .

106

ETHIOPIA

A much larger progrcim of collecting scattered peasants into
artificial and sometimes crowded villages continued in 1986.
According to government figures, 4,587,187 Ethiopians have, as
of November 1986, been forced into such villages. Peasants
cannot avoid participating in the program, and so far almost
everyone living in "villagized" areas has moved to the new
villages. At least one group of "villagized" peasants has
reported that they were told that their huts would be burned
down by party officials if they refused to move to the new
site. The Government has devoted very few resources to this
large program, so peasants must dismantle their own houses,
transport them to the government-selected village site, and
reassemble them. Promised social services such as schools,
new roads, or clinics, though promised, are rare.

Approximately 30,000 additional Ethiopians appeared in refugee
camps in Somalia during 1986, most claiming to have fled the
villagization program. Their allegations of violent coercion,
religious persecution, rape, and crop burning associated with
the program in the Harerge region have not been substantiated
despite extensive investigations in the area by
representatives of foreign governments and international and
private relief organizations.

Section 2 Respect for Civil Liberties, including:

a. Freedom of Speech and Press

There is no freedom of speech or press in Ethiopia. The
Government owns and operates all information media and
exercises censorship through editorial boards and the Ministry
of Information. Expression of unauthorized political opinions
or of views at variance with the official government line can
result in imprisonment. Political, economic, and social
policies in Ethiopia are formulated at top levels of
government, then disseminated and monitored through the
government-controlled media and government-organized citizen
groups, i.e., women, youth, worker, and professional
associations, kebeles, and military commissariats.

The Government closely monitors the pronouncements of public
officials, academics, and clergy. Some instructors and
professors in secondary schools and at the university have
resisted the politicization of education. Academic freedom,
although circumscribed, especially in the political and social
sciences, still finds expression at the university. Private
secondary schools, where affluent Ethiopians can send their
children, are mostly free of political orientation. Many
Ethiopians, including government officials, seek to send their
children abroad for education.

Books and magazines can be confiscated if deemed to contain
sentiments opposed to the revolution. For example, the August
4, 1986, issue of Time magazine, which contained a lengthy
article on Ethiopia as well as verbatim excerpts from an
interview with Chairman Mengistu, was confiscated by
government censors. Foreign magazines and newspapers are not
readily available since foreign exchange is not granted to
purchase them. Foreign radio broadcasts are widely listened
to in Ethiopia. There is no evidence of overt attempts by the
Government to interfere with radio reception.

During 1986 the government-owned television, radio, and
newspapers significantly increased their use of American and

107

ETHIOPIA

Western European "soft" news, features, and entertainment
products in an effort to improve the quality of their
programing and to make it more appealing to the public.
"Hard" news, however, continues to come almost exclusively
from official Ethiopian and Soviet/Eastern European sources.

b. Freedom of Peaceful Assembly and Association

Assembly of any sort not previously approved by the Government
is strictly forbidden under penalty of arrest. In contrast,
attendance at government-sponsored rallies, meetings, and
parades is mandatory and enforceable by arrest and detention.
Ethiopians, traditionally cautious in their associations with
one another and with foreigners, have become even more so
under the present regime. There is a pervasive system of
informers and surveillance. Frequent or close association
with foreigners can result in questioning, arrest, and
detention. Professional associations such as the Rotary and
Lions Clubs are allowed to operate, though their membership
and activities presumably are monitored by the Government.

Trade and professional associations were reorganized in 1986
by order of the Workers Party of Ethiopia. New boards were
selected for these groups from members approved by the party.

Workers are not permitted to organize independently in
Ethiopia, and labor /management negotiations are strictly
controlled. Collective bargaining does not exist. Strikes
and slowdowns are forbidden. The only labor organization
allowed to operate is the government-controlled All-Ethiopia
Trade Union (AETU) . The AETU, one of Ethiopia's mass
organizations, is a political group used by the Government to
implement its policies, expand party control within the
workplace, and prevent work stoppages. Many of AETU's top
leaders have been trained in Eastern Europe, and the
organization has close ties to Soviet and Eastern European
labor organizations. The 1985 report of the International
Labor Organization (ILO) committee of experts criticized the
mandatory, single trade union structure in Ethiopia and
repeated its request that freedom of association be granted to
rural workers and public servants.

c. Freedom of Religion

With the overthrow of the Haile Selassie regime, the Ethiopian
Orthodox Church lost its favored position, along with its
lands and most of its property. The Government allows the
Orthodox Church and the Muslim religion (each claims about 50
percent of Ethiopia's population) freedom of worship and
proselytism. However, the Orthodox Church has
government-appointed officials within its administration to
ensure its conformity with party policies. Party members are
legally prohibited from worshiping, but this ban is not
enforced .

Orthodox and Muslim holidays are recognized by the government,
and officials of both religions are allowed to exercise
jurisdiction over civil matters such as marriage. There is,
however, a continuing effort to deemphasize the presence and
importance of religion in Ethiopian life, e.g., references to
any deity are expunged from dialog in television programs and
movies and are forbidden in government statements or
publications. Nevertheless, in recent years there has been a
notable resurgence in religious observances and church

108

ETHIOPIA

attendance, deemed by most observers to be a popular response
to the regime's efforts to curb religion.

Other religions, particularly foreign Protestant Evangelical
organizations, have found their activities sharply curtailed
by the Government, through the closure of churches, the
seizure and nationalization of property and facilities, and
harassment and surveillance. At least one organization's
congregation, its leader imprisoned since 1977, now assembles
in secret "safe areas" for worship and other church-related
meetings. The Government gives permits to foreign
missionaries to enter and work in Ethiopia in limited numbers,
although ostensibly as development specialists, not as
missionaries .

Members of many of Ethiopia's Evangelical churches were
released from prison in 1986. A general trend of greater
tolerance by government officials at the central and local
levels continued during the year, although there were
exceptions. Several persons at a Protestant wedding ceremony,
including the groom, were arrested, reportedly for assembling
without a permit. The Jehovah's Witnesses church remains
totally banned.

Ethiopia's small Jewish community (the Falashas) live in areas
of insurgency (Tigre, Gondar) . Stories of "genocidal" actions
by Ethiopian authorities or of highly brutal behavior toward
Ethiopian Jews have not been substantiated by American
visitors to these areas. Jews do suffer some degree of
economic discrimination. The many craftsmen are not allowed
to sell their wares themselves in local cities, and tourists
are only infrequently permitted to visit a few of their
villages. As in the rest of Ethiopia, visitors are required
to get permission to visit these v^illages. Large numbers of
Ethiopian Jews have surreptitiously left the country in recent
years. The Government has attempted to block this exodus as
part of its overall antiemigration policy.

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

Restrictions on freedom of travel within Ethiopia exist as a
result of the insurgencies (several areas, mainly in the
northern administrative zones, are closed to travel for
security reasons). Moreover, permission is required for
Ethiopian citizens to change their places of residence, and
persons considered politically suspect can be forbidden to
travel outside their home areas.

Travel abroad by Ethiopians is closely controlled. A passport
application can be denied for failure to attend the mandatory
Sunday morning political meeting or to "volunteer" for kebele
work activities. In 1986 the Ethiopian Government appeared to
be more liberal in granting passports and exit visas to its
citizens — applications for visas to visit the United States
were up by 4 0 percent.

Emigration is highly restricted, except in special
circumstances such as marriage to or adoption by a foreign
national. Some emigration has been allowed on the basis of
family reunification. Leaving Ethiopia without authorization
is a serious offense punishable by 5 to 25 years' imprisonment
or, in exceptional cases, reportedly by death. Nonetheless
considerable illegal emigration occurs either under the

109

ETHIOPIA

subterfuge of travel abroad for business or to visit relatives
or by arduous treks overland and surreptitious crossing of
borders .

The Government recognizes the right of voluntary repatriation,
and its proclamation of mass amnesty for Ethiopians living
abroad (numbering more than 1 million) remains in effect. The
government does not participate in forcibly repatriating
refugees from other countries. There are approximately
180,000 Sudanese resident in Ethiopia, some genuine refugees,
some armed Sudanese dissidents, while others are persons
displaced by drought and insurgency in southern Sudan.

Foreigners in Ethiopia, always required to obtain a travel
permit for internal travel, found that permission occasionally
denied in 1986. Representatives of the United Nations and of
foreign assistance programs and embassies who had been allowed
to travel freely in connection with emergency assistance
programs over the past 2 years found restrictions being placed
on such travel as the emergency subsided in late 1986.

Most of the Ethiopians displaced by the drought/famine
returned from Sudan before or during 1986. There is no
evidence that they were mistreated or discriminated against
upon their return. Also, from 1983 to 1986, 400,000
Ethiopians spontaneously returned to Ethiopia from Somalia,
according to the United Nations High Commissioner for
Refugees. Approximately 32,000 refugees have returned from
Djibouti as of the end of 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Ethiopian citizens have no legal right or peaceful means to
change their Government. All power to determine policy in
Ethiopia resides in the upper echelons of government, led by
Chairman Mengistu and shared less each year by a small group
of associates, mostly former military officers. Political and
economic policies are dictated to the population. The
Provisional Military Government of Socialist Ethiopia
invariably claims to be speaking on behalf of all the
Ethiopian people. The Workers' Party of Ethiopia (WPE)
purports to offer Ethiopian citizens a means of participation
in government, but its real role is to ensure that all
government ministries, mass organizations, and nationalized
businesses adhere to Marxist-Leninist principles. The WPE,
like its Soviet counterpart, is a rather exclusive group — not
everyone can join. Some, such as higher-level government
officials, are required to join if they want to keep their
jobs. Kebeles, the primary party/government control
mechanisms at the local level, control housing allocation,
basic food rationing, political indoctrination, and implement
other government policies, such as registering and selecting
youths for national military service.

The highest government echelons are no longer dominated by the
Amhara ethnic group but include many Oromos and a few
Eritreans and Tigreans. Almost all senior government and
political figures are of Christian origin although the
population is approximately 50 percent Muslim. Women are
poorly represented at the top echelons of government. Only
one woman, a vice minister, holds a senior position.

110

ETHIOPIA

Ethiopia's new constitution, which is scheduled to be voted on
in a referendum in early 1987, would provide for the creation
of a People's Democratic Republic of Ethiopia and
representation by "nationality" or ethnic group in national
and regional parliaments. The extent of autonomy, if any,
that actually will be permitted groups such as the Eritreans,
Tigreans, Somalis, and Oromos is not clear. Until the key
issue of how the central government relates with its many
nationalities is resolved to the satisfaction of ethnic
minorities, ant i government insurgencies can be expected to
continue.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There is no governmental or private body to investigate
alleged human rights violations. The government resists
attempts by international and nongovernmental organizations to
investigate such cases. Representatives of the International
Committee of the Red Cross (ICRC) in Addis Ababa are not
allowed to visit political prisoners but are allowed to visit
prisoners of war from the 1977-78 war with Somalia. The ICRC,
however, does not have access to prisoners taken in fighting
with insurgent groups or to prisoners held by Ethiopian-backed
rebel groups opposing the governments of Sudan and Somalia.

In March 1986, the United States, introduced a resolution at
the annual meeting of the United Nations Human Rights
Commission calling for monitoring the widespread reports of
abuses associated with Ethiopia's resettlement program.
Ethiopia vigorously opposed this proposal which was not
brought to a debate or vote, despite the support of the
Western countries for a vote on the substance of the
restriction .

Ethiopia is not a signatory to any of the U.N. human rights
documents nor the Organization of African Unity's Charter of
Human and Peoples' Rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Various U.N. studies indicate Ethiopian women are subject to
many disadvantages, encountering, inter alia, cultural and
traditional biases, marriages imposed at a very young age,
hard and time-consuming labor, and inadeguate employment
opportunities and decent wages in urban areas. Village
leadership is invariably male, and all clergy are male.
However, women in the central Ethiopian cultures (Oromo,
Amhara, Eritrea, and Tigre) enjoy economic rights equal to
those of men. They may inherit, sell, or buy property and
engage in business. Women have a subservient status within
the home, and child m.arriages remain common in some rural
areas despite opposition by the Government. Female
circumcision is widely practiced among Ethiopian Orthodox
families and is less common with some other groups, although
the Government has stated its opposition to this practice.
The Revolutionary Ethiopian Women's Association, a mass
organization created in 1980, has the proclaimed goal of
improving the status of women.

Ill

ETHIOPIA

CONDITIONS OF LABOR

The minimum age of 14 for nonfarm labor seems to be
respected. The maximum legal workweek of 48 hours is
generally respected in practice. "Voluntary" work campaigns
at places of employment are common. Workers "volunteer" to
work extra hours and weekends so that factory or office quotas
can be achieved but receive no pay for these hours. Although
the right of workers to an annual vacation is guaranteed by
law, in practice government workers are usually allowed little
time off. Employers in private industry, however, are obliged
by the Government to respect this law. Health and safety
codes for the workplace are rudimentary and remain
unenforced. Absenteeism is very high despite punishments,
including beatings, in an attempt to curtail it.

The minimum wage in Ethiopia remains about $24 per month.
Additional allowances effectively raise the minimum wage of a
full-time employee to about $34. Day laborers in the
agricultural sector receive almost $1 per day plus some
payment in kind (shelter or a meal, for example). Day
laborers in the urban areas receive almost $1.50 per day plus
transportation to and from the workplace. The minimum wage is
currently under review; a new rate may be established next
year .

112

U.S. OVERSEAS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: ETHIOPIA

1934

1935

1986

I. SCON
L
G
A. AID
L
G
(SE

a.FOO

G
TITLE

REPA

PAY.

TITLE

= .RE

VOL.

C.OTH

. ASSIST. -TOTAL.

OANS ,

RANTS ,

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..,
R PEACE

S ,

OTAL ,

N $-LOANS....
FOR. CURR....,
TOTAL

.EC.OEV 5 WFP,
EF AGENCY....,
CON. ASSIST..,

CE CORPS,
COTICS..,
ER ,

II.'IIL. ASSIST. -TOTAL.

LOANS

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG. ,
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. 3 MIL,

LOANS. ... ,

GRANTS

9.3

37.4

0.0

9.3

87.4

0.0

0.5

0.0

0.5

0.0

9.3

86.9

0.0

9.8

36.9

0.0

0.3

0.0

9.8

36.9

0.0

1.9

14.4

0.0

7.9

72.5

0.0

9.0

0.0

'J.O

0.0

9.3

37.4

0.0

9.8

87.4

0.0

0TH'=R us LOANS 3.3

D.
0,
0,

.0 0.0

EX-IM BANK LOANS 3.3

ALL OTHER 0.0

.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-86

TOTAL ,

169.3

211.4

67.5

1397.9

IBRD

0.0

•0.0

103.6

IFC

0.0

15.5

IDA

105.0

166.0

67.5

838.6

ID3

0.0

■0.0

AD3

0.0

0.3

0.0

AFOB

39.8

39.5

0.0

226.7

UNDP

24.5

5.9

■ 0.0

131.4

OHER-UN

3.0

0.0

77.1

EEC

0.0

113

GABON

Gabon has a single-party political system in which effective
political power is concentrated in the presidency. That office
has been held since 1967 by President Omar Bongo, who is also
head of the party. A March 1983 amendment to the party
constitution restricts candidacy in future presidential
elections to the "Secretary General -Founder of the Democratic
Party of Gabon," thus reserving presidential candidacy for
President Bongo. He was reelected President on November 9,
1986. In practice, presidential power is limited by the
complexity of the governmental structure and the diffusion of
power through 60 cabinet-level officials led by a Prime
Minister. A 120-member National Assembly is elected from
slates chosen by the single party and meets regularly, but it
has little real power.

Although still a developing country, Gabon has one of the
highest per capita incomes ($3,400 in 1986) in sub-Saharan
Africa due to its significant petroleum and mineral resources
and its small population. While income distribution is skewed
in favor of the modern urban sector as opposed to the
traditional, agricultural sector, most Gabonese have benefited
in some measure from the country's strong economy.
Nevertheless, the drop in world oil prices beginning in late
1985 has led to a sharp contraction in the economy which will
likely continue in 1987, and the country's 140,000 immigrant
workers have been accused of taking jobs from the local work
force. In general, economic performance has benefited from
longstanding government policies supporting private enterprise
and encouraging foreign investment.

The country's 1961 Constitution guarantees protection of the
individual and respect for the integrity of the person, and,
with isolated exceptions, these rights are respected in
practice. Political rights, however, are not guaranteed under
the Constitution, and active political opposition to the sole
legal party is not permitted. Public criticism of particular
government actions and policies is allowed and occurs with some
regularity within the context of the single party, although
direct attacks on the President are prohibited. There is no
evidence of systematic police or other repression of the
population. Gabon released the last of its political
prisoners in 1985.

On January 21, 1986, Gabon signed the 1984 United Nations
Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment. On June 26, 1986, Gabon
completed the process of signing, ratifying, and publishing
adherence to the Organization of African Unity's Human Rights
Charter .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings or summary executions.

b. Disappearance

There were no known cases of abductions or hostage-taking by
government or any other groups. The authorities are sometimes
slow to advise the families of accused criminals or detainees

114

GABON

who are arrested, but there has been no evidence of attempts to
suppress news of an arrest.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In past years the political opposition group, the Movement for
National Recovery (MORENA) , based in Paris, alleged that
several people detained in the Libreville prison on political
charges were mistreated or kept in degrading conditions.
However, family members reported no serious mistreatment, and
these allegations were not repeated in 1986. Police are
believed to be rough but not brutal in their treatment of
suspected criminals. Prison conditions are harsh.

d. Arbitrary Arrest, Detention, or Exile

In Gabon, "acts against the security of the state" and "actions
against the Chief of State," which can include advocating a
multiparty system, are punishable crimes. There were no
reports in 1986 of detention without trial of persons accused
of violations of criminal law. Gabonese law, amended in
September 1983 and ratified by the National Assembly early in
1984, provides guarantees against arbitrary detention according
to clearly articulated judicial procedure which is observed in
practice. Previously, there were no legal protections against
arbitrary detention.

Forced labor is not used as a means of political coercion or
racial or social discrimination. Some prison sentences for
serious crimes include hard labor as part of the sentence
during incarceration.

e. Denial of Fair Public Trial

The legal system, based upon French law, customary law, and the
1961 Constitution, gives the President a powerful role and
functions fairly effectively. The right to a fair public trial
is guaranteed by the Constitution and has generally been
respected in practice in criminal cases. In security/political
cases, however, there has been more controversy and
inconsistency. A 1982 trial of 29 alleged members of MORENA
took place in public with representatives of the international
press and Amnesty International present, while a 1983 trial of
4 political dissidents took place in secret. The charges
leveled against the accused were basically the same in both
cases, namely, printing and distributing antigovernment tracts
and encouraging the Government of France to use its influence
in Gabon to bring about a multiparty political system. No
known political prisoners are currently being held. All those
convicted in the 1982 trial were granted full pardons by
President Bongo on June 19, 1986.

The Gabonese court system is modeled on the French judicial
system. Trial courts hear questions of fact and law in civil,
commercial, social, criminal, and administrative cases. A
second level of appeals courts is divided into two general
appellate courts, with a separate appeals court for criminal
cases. Gabon's highest judicial body, the Supreme Court, is
divided into four chambers. There are also three exceptional
courts: a military tribunal which handles all military
offenses, a state security court, and a special criminal court
which deals with fraud and embezzlement of public funds by
officials .

115

GABON

The judiciary is implicitly susceptible to executive influence,
since Gabon's Constitution gives the President the authority to
appoint, transfer, and dismiss judicial officials.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The various police and security units monitor alleged dissident
political activity, including dissident telephone
conversations, but interference in the daily life of the
populace is relatively rare.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There are limits on these rights in Gabon. No direct public
criticism of President Bongo is permitted, and no advocacy of a
multiparty political system by the media or individuals is
tolerated. The country's single daily newspaper, which is
government owned, regularly prints columns attacking alleged
inefficiency or corruption in various government offices.
Foreign magazines and newspapers, notably French publications
and magazines printed elsewhere in Africa, which sometimes
criticize the President and the one-party system, generally
circulate freely in Gabon, although occasionally particular
issues of publications are seized by the police and a few
publications are banned. Journalists are considered to be
state employees and are expected to expound on themes as
directed by the Government. The policies of the Government are
sometimes debated in public forums. The President sometimes
holds press conferences, and his ministers have submitted to
lively direct questioning on television on a broad range of
domestic policy issues such as education, public housing, and
transportation.

b. Freedom of Peaceful Assembly and Association

Political activity outside the Democratic Party of Gabon is
illegal. The Government does not interfere in the affairs of
nonpolitical organizations. In some sectors, for example,
sports clubs and social service organizations have been
formed. Many have national programs under government auspices,
but diverse private groups and events sponsored by private
companies also exist.

Labor unions may organize but must be affiliated with the
government-sponsored Labor Confederation of Gabon (COSYGA),
which is considered a specialized organ of the Democratic Party
of Gabon and the sole labor federation. The Labor Code (1978)
and the General Convention of Labor (1982) govern general
working conditions and benefits for all sectors. Unions in
each sector negotiate with management over specific pay scales,
working conditions, and benefits applicable to their industry.
Representatives of labor, management, and government meet
annually to agree on the minimum wage, which is determined
within guidelines provided by the Government. Under Gabonese
law, all strikes are illegal which occur before remedies
prescribed under the Labor Code have been exhausted. No
strikes were reported in 1986, although in previous years
workers have organized strikes or job actions over wages and
working conditions. The Labor Confederation of Gabon is a
member of the Organization of African Trade Union Unity.

116

GABON

It is estimated that over half of Gabon's 90,000 salaried
private sector workers are unionized. Government employees are
not permitted to belong to unions. Agreements reached between
labor and management in each sector also apply to nonunion and
expatriate labor. According to the Labor Code, workers may
individually or collectively take complaints of code violations
to arbitration and may appeal to labor and national courts.
These provisions are respected in practice.

c. Freedom of Religion

The Constitution guarantees religious freedom and tolerance.
However, proselytizing has sometimes been discouraged, and in
1985 four small syncretistic sects were banned because of
alleged intolerance of antigovernment activities. Nonetheless,
Christian, Muslim, and animist religions all flourish in Gabon,
and public worship is unrestricted. A number of different
religious groups operate schools. There is no political or
economic discrimination because of religious preference.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Movement within the country and return to Gabon from abroad are
normally not restricted by the Government. Government
employees, however, must obtain permission to travel abroad,
and private citizens must obtain exit permits. Immigration
laws and presidential decrees promulgated in mid-1986 imposed
heavy monetary guarantee requirements on non-French expatriates
working in Gabon and levied $100 exit visa fees for each
departure from the country. Since mid-1983, the Government has
slightly tightened restrictions on the entry and resettlement
of displaced persons, but many individuals who have been deemed
to have a "well-founded fear of persecution" in their country
of origin have been given permission to stay in Gabon. There
have been no reported cases of involuntary repatriation. Those
refugees or displaced persons who wish to repatriate
voluntarily are allowed to do so.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Gabon is governed by a centralized, single-party regime in
which President Omar Bongo exercises most political power.
Major political and economic decisions are made by the
President, usually in consultation with cabinet-level
officials. This group of 60 includes representatives of all
the country's major ethnic, geographic, and political groups.
Through this mechanism, Gabon's varied interest groups are
heard, given access to political patronage, and consulted on
national resource distribution. The Fang, an ethnic group
comprising about 35 percent of the population, feel themselves
to be underrepresented. Fear of Fang dominance by the
remaining 65 percent has contributed to the President's
political control. The need to maintain the balance of
interests represents, therefore, the major check on
presidential power. The very size and complexity of the
government structure is another significant factor. Opposition
political parties are not permitted. Membership in the single
political party is open to all Gabonese but is not required.
Elections below the presidential level are sometimes contested,
but all candidates must be approved by the Democratic Party of
Gabon. The central committee of the ruling party was expanded
in September 1986 and for the first time included two former
members of the MORENA opposition group.

117

GABON

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

President Bongo has invited representatives of Amnesty
International and other human rights organizations to visit
Gabon. The United Nations High Commissioner for Refugees
functions in Gabon under the aegis of the United Nations
Development Program.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

In recent years, women have played an increasing role in the
economic, political, and cultural life of the country,
particularly in urban areas. The Government and party have
promoted women's rights, including formation of the National
Commission for the Promotion of Women in 1984, which called for
increased support for health care, nutrition, and literacy
programs for women. Although no women are among the top 4 0
full government ministers, 4 women occupy cabinet positions as
secretaries of state, and 9 others are in junior minister
positions. In September 1986, five women became members of the
political bureau of the Democratic Party of Gabon, the first
women to serve at this level of the party. Women are also
represented in the judiciary and occupy 13 seats in the
National Assembly.

Access to the Government's social programs is open to all
Gabonese citizens on a nondiscriminatory basis.

CONDITIONS OF LABOR

Labor legislation provides broad protection to workers. The
minimum wage for unskilled labor since April 1985 has been
about $200 per month for Gabonese and about $150 for
foreigners. Owing to labor shortages, most salaries are much
higher. There has been little unemployment for Gabonese
wishing to enter the wage economy, though it is increasing as
the economy reacts to the drop in oil prices.

No minor below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education. It
is rarely granted and few employees are below the age of 18.
Work over 40 hours per week must be compensated with overtime,
and the workweek must include a minimum rest of 48 consecutive
hours. Pregnant women have a right to 14 weeks of leave during
pregnancy, including 6 weeks before delivery. The Labor Code
describes enforcement of occupational health and safety
standards, which are established by decree of the Minister of
Health.

118

U. 5. OVERSEAS

■LOAMS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: GABON

1 984

1985

1986

:.ECON. ASSIST.-TOTAL...

LOANS ,

GRANTS ,

A. AID ,

LOANS

GRANTS ,

(SEC. SU°P. ASSIST.) ..,

a. FOOD FOR PEACE ,

LOANS ,

GRANTS ,

TlTLc I-TDTAL

REPAY. IH i-L0AN3. . . . ,
PAY. IN FOR. CURR....,

TITLE II-TOTAL

E. RELIEF. EC. l^ev <i WFP.

VOL. RELIEF A :i ="iC Y . . . . ,

C. OTHER ECON. ASSIST...

LOANS

GRANTS.

PEA:c CORPS

NARCOTICS ,

OTHER ,

0.0
0.0
0.0
0.0
O.D
0.0
1.7
0.0
1 .7
1 .7
0.0
0.0

1.8
0.0
1 .3
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.3
0.0
1 .8
1.8
0.0
0.0

1.9

0.0
1.9
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.9

0.0

II.>1IL. ASSIST.-TOTAL..,

LOANS

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING....
:.INTL MIL.ED.TRNG....
Q.TRAN-EXCESS STOCK..
E. OTHER GRANTS ,

0.1
0.0
0.1
0.0
D.O
0.1
0.0
0.0

0.1
0.0
0.1
0.0
0.0
3.1
0.0
0.0

III. TOTAL ECON.

LOANS

GRANTS. .. .

S MIL.. .

4.3
3.0
1 .8

1.9
0.0
1.9

2.0
0.0
2.0

OTHER US LOANS. .

7.
7.

,4
.0

0.
0.

.0
,0
.0

0.
0,

EK-IM BANK
ALL OTHER.

LOANS

ASSISTANCE

FROM

INTERNATIONAL
1934 1985

AGENCIES
1986

1946-

-86

TOTAL

0.6

52.6

0.0

249.2

IBRD

0.0

69.1

IFC

0.0

..0.0

0.0

IDA

0.0

ID3

0.0

A03

0.0

.0.0

AFOB

0.0

42.5

0.0

60.6

UNDP

0.6

0.0

18.4

OTHER-UN

0.0

. 0.0

1.2

ee:

0.0

10.0

0.0

99.9

119

THE GAMBIA

A former British colony on the West African coast. The Gambia
is a parlimentary democracy with an elected president. Until
the bloody coup attempt in July 1981, The Gambia had a history
of political stability under the leadership of its first and
current President, Sir Dawda Jawara. His ruling People's
Progressive Party has dominated the House of Representatives
since independence in 1965, but several opposition parties
actively participate in the political process. Two new
political parties were formed in 1986 and will join the ruling
party and the existing opposition National Convention Party in
contesting the presidential election scheduled for March 1987.

Given impetus by the coup attempt and formalized by the
Confederation Treaty of 1981 establishing Senegambia, the
process of confederation with Senegal continued during 1986,
albeit slowly, with discussions mainly in the defense and
economic areas. The Gambia has a small army and a modest
navy. The Gambia gendarmerie has been organized under a
Senegalese officer, and the first company trained by British
officers has now been integrated with Senegalese troops into a
confederal battalion.

The Gambia's population of 762,000 consists largely of
subsistence farmers growing rice and groundnuts (peanuts), the
country's primary export crop. The Gambia continued in 1986 a
stringent program of economic reform which in mid-year included
new arrangements with the International Monetary Fund, the
World Bank, and other donors to allow The Gambia to reschedule
its debt and receive critical new loans.

The Gambia continued the human rights improvement begun in 1985
with the lifting of the state of emergency. Its human rights
record in 1986 was good. In April 1986, the Government
commuted the death sentences of 13 more persons convicted of
treason and other crimes connected with the 1981 coup attempt.
Presently there is only one outstanding treason-appeal case,
which, after several postponements, is scheduled to be reviewed
in 1987 by the Criminal Appeals Court.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no instances of political killings.

b. Disappearance

There were no known allegations of abduction or secret
detention by the Government or by any other group.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution contains prohibitions against torture, and
cruel, inhuman, and degrading punishment. There were no
allegations of torture in 1986. Prison conditions are severe,
but there have been only isolated reports of mistreatment of
prisoners. There are segregated prison facilities for men and
women of both maximum and minimum security types. The
Government allows prison visits by representatives of the local
Red Cross and by close family members.

66-986 0-87-5

120

THE GAMBIA

d. Arbitrary Arrest, Detention, or Exile

Based on British legal practice, there are we 11 -developed
constitutional and legal procedures governing the arrest,
detention, and bringing to trial of persons accused of crimes.
Under these procedures, a detained person must be brought to
trial within 1 week of arrest. This waiting period, however,
can be extended twice, making 21 days the maximum period of
detention before trial.

The Government scrupulously observed its laws in handling the
1,091 persons detained after the coup attempt. Under the
Emergency Act of 1981, which was abrogated in February 1985,
the Government could and did order the detention of persons who
were considered to have been involved in acts prejudicial to
public safety for up to 14 days without a detention order but
with the right to legal counsel.

The Labor Administration Act prohibits forced labor.

e. Denial of Fair Public Trial

Sixty-two persons were sentenced to death — after lengthy public
trials — for crimes committed in connection with the 1981 coup
attempt. Except for one, the cases have now gone through
appeal, and the President in each case brought to him has
granted executive clemency. No executions have taken place.
There are currently no known political prisoners in The
Gambia. One of the 1981 coup leaders was arrested in 1985,
tried, and sentenced to death in 1986. His case is now in the
criminal appeals court and is scheduled to be reviewed soon.

To help discourage future coup attempts. The Gambia Parliament
enacted a law in May 1986 which imposes the death penalty for
treason, but which also includes the safeguard that a person
cannot be convicted of treason on the uncorroborated statement
of only one witness.

Three kinds of law operate in The Gambia; general, Shari'a,
and customary law. Shari'a, governing Muslims, is observed in
marriage and divorce proceedings. Customary law covers
marriage, inheritance, divorce, land tenure and utilization,
local tribal government, and all other civil and social
relations originating in the traditional religious and tribal
situation of the country. General law, based on English
statutes and modified to suit The Gambian context, governs
criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.

The Constitution guarantees to criminal defendants the
traditional rights of the English legal system, such as the
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, the accused person need not come
to trial until the investigation is completed, and there
apparently is no maximum time limit for investigations.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal. Under the
Emergency Act, the Government established a special division of
the Supreme Court, comprised of judges and prosecuting and
defense attorneys from neighboring English-speaking countries
having the same basic legal system as The Gambia. This unusual
step helped overcome the shortage of trained legal personnel.

121

THE GAMBIA

avoided overwhelming the regular judicial system, and
demonstrated publicly the Government's concern for impartiality.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property. The
Constitution permits the voluntary submission by a suspect to
search, or a mandatory search if it is reasonably required in
the interests of national defense or other public interest.
Under the criminal code, search warrants based on probable
cause are issued by magistrates upon application by the
police. There are a number of police and military check
points in and around Banjul. Drivers are stopped and vehicles
are searched periodically.

The rights of family are of extreme importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. There is no effort to censor or control personal
correspondence or communications.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees press freedom, and the Government
does not attempt to censor published materials whether they
originate within or outside the country. However, the
Emergency Act, with its broad powers of detention, did have an
inhibiting effect on criticism of the Government by the few
independent news sheets. In practical terms, The Gambia, with
its small, mainly rural, largely illiterate, and multilingual
population, does not support an active press. There are no
daily newspapers. There is a government weekly newspaper and
several independent, intermittently published, mimeographed
news sheets. Both the opposition and the independent press are
sometimes very critical of the Government. There is, however,
some degree of self-censorship in the government-owned media,
which exercises restraint in reporting criticism of the
Government. There is no television in The Gambia, although
Senegalese stations can be received.

The Government dominates the media through Radio Gambia, but
there have been no reported instances of government
interference with the one commercial radio station which mainly
broadcasts music. A few foreign magazines and newspapers are
available in the capital.

b. Freedom of Peaceful Assembly and Association

In general, there is no interference with the freedom of
association and assennbly, which is guaranteed by the
Constitution. The Government almost always grants permits for
meetings but requires that these meetings be open to the public.

Trade unions are small and fragmented and are a minor element
in Gambian economic and political life. Less than 20 percent
of the work force is engaged in the small, wage sector, where
unions normally are active. The Gambian Workers Union (GWU),
an umbrella organization covering six major unions, finally

122

THE GAMBIA

registered in 1986 and is recognized by the Government. The
GWU was deregistered after an illegal strike in the late 1970 's
and subsequently became engaged in a long dispute with the
Government over conditions for reregistration, e.g. the filing
of financial documents. Other unions not affiliated with the
GWU, function under basic labor and trade union legislation.
The labor Administration Act specifies that workers are
guaranteed freedom of association and the right to organize and
to bargain collectively. Union members have the freedom to
attend meetings outside the country.

c. Freedom of Religion

The Constitutional guarantees of freedom of conscience,
thought, and religion are observed in practice. The State is
secular though Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
their various mission-related activities. There is no evidence
of discrimination in employment, education, or in other areas
of Gambian life on religious grounds.

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

The Consitution guarantees freedom of movement, subject to
conditions protecting public safety, health, and morals. There
is no restriction on freedom of emigration or freedom of
return. Internally, police and military checkpoints exist in
and around Banjul, but there is no evidence that police harass
travelers .

Because of historic and ethnic ties with the people of Senegal,
Guinea-Bissau, Guinea, and Mali, people tend to move
unregulated across borders, which are poorly marked and
difficult to police. Under the Confederation Treaty of 1981,
neither Gambians nor Senegalese need passports or visas to
travel to the other country.

Section 3 Respect for Political Right: The Right of Citizens
to Change Their Government

The Government is elected by citizens 18 years of age and
older. The chief executive (the President) and the members of
the legislature (House of Representatives) are popularly
elected, as are the district councils and the chiefs, who
exercise traditional authority in the villages and compounds.
A functioning multiparty system exists in The Gambia, even
though the People's Progressive Party has been in power since
independence. The principal opposition party. The National
Convention Party, contests national and district elections.
Other opposition parties contest the presidency and other
offices on a selected basis. Independents have run for and won
legislative seats. While there have not been any serious
allegations of election fraud, the opposition boycotted the
1983 district elections, claiming in advance that they would be
unfairly managed by the Government. The government party holds
43 of 50 seats in the House of Representatives. The opposition
is therefore not able to defeat or modify significant
legislation sponsored by the Government. Nevertheless, debate
is open, and accepted parliamentary procedures are observed.

123

THE GAMBIA

Two new political parties were formed in 1986 in anticipation
of the next election which is scheduled for early 1987. Both
parties were formed by defectors from the ruling party. In
October 1986, one of the leaders of the new Gambia People's
Party (GPP) was arrested for 2 days for alleged "possession of
government documents." After his release he resigned from the
GPP and rejoined the ruling party.

Section 4 Governmental Attitude Regarding International
and Nongovernmental Investigation of Alleged
Violations of Human Rights

The Government permits visits of international human rights
organizations to observe the conditions of detainees and the
trial process. There were no requests by such organizations
for investigation of alleged human rights abuses in The Gambia
during 1986.

Section 5 Discrimination Based on Sex, Race, Religion,
Language, or Social Status.

The people are overwhelmingly Muslim and 85 percent of the
population live in villages. While personal initiative and
choice are valued, rights and privileges are generally
perceived to reside in the group rather than in the
individual. Traditional conservative values are changing but
very slowly. Females comprise over one-third of the students
in primary school, and with growing educational opportunities,
women participate increasingly in the professions and in
political life. The Minister of Education and the
Parliamentary Secretary of the Ministry of Health are women.
In addition, there are women in prominent positions in the
civil service as department heads and undersecretaries.
Marriages are still often arranged, but there is growing
freedom of personal choice. Family planning, focused on the
health and welfare of mother and child, remains controversial
but is gaining some acceptance. There is a women's bureau in
the Office of the President which actively promotes debate on
women ' s issues .

CONDITIONS OF LABOR

The minimum age for employment is 18, at which age a
prospective employee is authorized a labor card. The
prohibition on child labor does not apply to customary chores
on family farms. Minimum wages and hours of work are
determined by the Joint Industrial Council, pursuant to the
Labor Administration Act, which has representation from
employees, employers, and government. Occupational safety and
health are covered by The Factory Act under which the Minister
of Labor is given authority to regulate factory health and
safety, accident prevention, and dangerous trades and to
appoint inspectors to ensure compliance.

124

u.s.ovERSeas

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: GAMBIA, THi

1934

1985

1986

:.ECON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
?EPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS ,

ANTS ..,

.SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

1-T3TAL

. IN S-LOANS

IN FOR. CURR

II-TOTAL ,

lEF.EC.OEV i WFP.

ELIEF AGENCY

R SCON. ASSIST..,

ANS.. ,

ANTS

PEACE CORPS

NARCOTICS ,

OTHER

II.MIL. ASSIST. -TOTAL..

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING...,
C.INTL MIL.EO.TRNG...
D.TRAN-EXCESS STOCK..
E. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS. .. ,

MIL,

7.9

9.4

5.7

0.0

7.9

9,4

5.7

3.7

5.8

4.7

0.0

3.7

5.5

4.7

0.0

3.3

2.6

3.0

0.0

3.3

2.6

0.0

3.3

2.6

0.0

2.1

1.9

0.0

1.2

0.7

0.0

0.9

1.0

0.0

0.9

1.0

0.9

1.0

0.0

b.o

0.1

0.3

0.0

0.1

0.0

D.O

0.0

0.1

0.0

7.9

9.5

5.8

0.0

7.9

9.5

5.8

OTHER US LOANS. . ..
EK-IM BAN< LOANS.
ALL OTHER ,

0.0
0.3
0.0

0.0
0.0
0.0

0.0
0.0
0,0

ASSLSTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL.. ..
I3R0

IFC

IDA

103

A03

AFDB

UNDP

OHER-UN

EEC

24.2

0.0
3.0
20.9
0.0
0.0
0.0
0.3
0.0
0.0

0.4
0.0
0,0

5.3

130.1

0.0

■0.0

3.0

5.8

62.1

0.0

51.9

0.0

11.3

0.0

1.8

0.0

125

GHANA

Ghana is governed by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant Jerry
Rawlings, who seized power from the previous elected
Government on December 31, 1981. Under the Establishment
Proclamation issued January 11, 1982, the Council exercises
"all powers of government." In practice, government policy is
developed by Chairman Rawlings assisted by a number of close
advisers, both inside and outside government. The PNDC has
nine members and includes, aside from the Chairman (the lone
survivor of the seven original members), two serving military
officers (added in 1985) and seven civilians (including one
woman and one ex-military officer). The various government
ministries are headed by "Secretaries", each of whom is
subordinate to the respective PNDC member responsible for that
particular area of government. A network of Committees for
the Defense of the Revolution (CDR's) is designed as a channel
to transmit government policies to the citizens and,
theoretically, citizen concerns to the Government.

There are several security organizations in Ghana which report
to various sections of the Government, but all come under the
firm control of the PNDC. Most security cases of a political
nature are handled by the Bureau of National Investigation,
which reports to both the Ministry of the Interior and the
PNDC member responsible for security issues.

Starting in 1983, the Government adopted an exceptionally
austere economic recovery program in an effort to redress a
quarter century of economic mismanagement and political
instability which caused Ghana to decline from one of Africa's
most promising states to a condition of economic collapse and
poverty. Remedial measures have included a devaluation of
more than 5,000 percent in the cedi in less than 4 years.
Conducted in concert with the International Monetary Fund
(IMF), the recovery program appears to have had a positive
effect. The economic growth rate made a fourth consecutive
positive showing in 1986 (the growth rate for 1986 was
estimated at 5.1 percent), and triple digit inflation has been
reduced to between 20 and 25 percent .

Under Rawlings, the most noticeable improvement in human
rights has been the restoration of civil order after an
initial 18-month period of revolutionary excess in 1982 and
1983. Discipline has generally been instilled in the armed
forces and the police, but a number of coup plots came
primarily from members and former members of the armed forces.
In 1986 one coup attempt was publicly reported, and there were
several alleged attempts. Problems also continue with certain
paramilitary elements, such as the militia, which do not yet
seem firmly under government control.

Although the Government, through the National Commission on
Democracy, continued in 1986 to "study" means of restoring a
democratic system, there is still no guarantee of elections,
nor are there any current plans to provide for a relaxation of
government control of the main national newspapers and
broadcast news media. The potential for arbitrary deprivation
of liberty was demonstrated by continuing instances of
incarceration without formal charges and summary dismissal of
16 judges. A system of public tribunals, which parallels the
regular courts, failed to enforce procedural safeguards
adequate enough to constitute acceptable due process.

126

GHANA

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No killing was reported in which there was evidence of political
motivation or governmental instigation.

b. Disappearance

No disappearance traceable to government action or to
nongovernmental or opposition forces was reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There have been occasional credible allegations of torture
and/or beatings. Twice during 1985, the Government acknowledged
that some members of the armed forces beat detainees. In March
1986, during a series of trials of alleged coup plotters before
the public tribunals, a defendant alleged that he and a fellow
defendant had been tortured and, to prove his charge, stripped
to the waist in court to show the scars caused by the alleged
beatings. The Government has not refuted these allegations or
made any known attempt to investigate them.

d. Arbitrary Arrest, Detention, or Exile

Ghanaian security forces occasionally take persons into custody,
sometimes secretly late at night, with or without a warrant, and
hold them incommunicado for months. Some of those so detained
are said by government officials to have committed crimes,
although their only known "offense" is the expression of views
critical of, or different from, those of the Government. When
the Ghana Bar Association has attempted to free some of these
persons through writs of habeas corpus, the PNDC has either
stood aside and permitted their release or has interposed ex
post facto preventive custody orders barring their release and
citing national security considerations as justification.

In more routine criminal cases, detentions are generally
performed in accordance with the legal procedures set forth in
the criminal code. The criminal code requires that an arrested
person be brought before a court within 48 hours and authorizes
bail in many instances. Some writs of habeas corpus continued
to be granted in 1986, but habeas corpus is limited by a 1984
law which prevents any court from inquiring into the grounds for
the detention of any Ghanaian detained under PNDC Law 2 (the law
setting up the National Investigation Committee and giving that
Committee the power to investigate virtually any allegation
referred to it by the PNDC) .

On January 9, 1986 the last minister of the previous government
still being detained was released on bail. Some other officials
of the former government who fled Ghana in 1982 and 1983 have
quietly returned and resumed careers outside of politics,
reportedly convinced in at least some cases that the danger of
detention has now passed. Although the Government does not
announce detentions or releases, there were in 1986, as in
previous years, a number of prisoners in detention without
charge or trial. In April a group of four, including a student
political leader and a journalist, was detained by the
Government with no public explanation and without charges ever

127

GHANA

being brought. They were not released until August and were the
subject of an Amnesty International Emergency Bulletin. In
August a former government minister, Victor Owusu, was taken
into detention, and at the end of 1986 no charges had been
announced against him, and no hearing had been held.

In August 1985, the Ghana Bar Association published a list of 17
detainees being held without charge, carefully noting that it
had published only the names of those for whom firm proof of
detention was available. The newspaper which published the list
has since been forced out of business, allegedly by governmental
restrictions on the provision of newsprint to that particular
paper .

Ghana prohibits forced labor, except in the cases of military
draftees and convicted criminals.

e. Denial of Fair Public Trial

Despite the creation of a separate judicial system in the form
of public tribunals and despite the lack of clear guidelines as
to which cases should go before the tribunals and which before
the regular courts, traditional legal safeguards based on
British legal practice, e.g., the right of defendants to present
evidence and to cross-examine witnesses, remains generally
available in the regular court system. This system includes
high courts, appeal courts, and a Supreme Court headed by a
Chief Justice. Serious questions have arisen, however, about
the independence of the regular courts. In April the PNDC
overturned one of its own decrees, which provided for full
hearings before a judge could be removed from office, and
summarily dismissed 16 judges including 2 judges of the Court of
Appeal (Ghana's second highest court). The PNDC alleged that
these judges were guilty of various forms of malfeasance in
office, but no formal charges were brought against then, and no
hearings were ever held. Many legal observers believe that, by
this action, the PNDC has put judges in the regular courts on
notice that judges serve at the sufferance of the PNDC and must
serve government purposes or be summarily removed from office.

The public tribunals system, set up in 1932 to parallel the
regular court system, includes the Office of Revenue
Commissioners, the National Investigations Committee, the
Special Military Tribunal, and the Public Tribunals Board, as
well as the public tribunals per se, which exist at the national
and regional levels and are planned for district and community
levels. The Government's announced purpose when it established
this system was to provide more justice to more people in a more
timely fashion by deemphasizing legal "technicalities." In 1985
a National Appeals Tribunal was created to hear appeals from the
public tribunals. Critics contend, however, that the system
still depends largely on judges with little or no legal
experience, that it shortcuts legal safeguards in an effort to
speed proceedings, and that it creates new opportunities for
corruption because of ambiguities in the jurisdiction between
the tribunals and the regular courts. Critics note, for
example, that the panels of presiding judges contain more laymen
than lawyers, that there are no published guidelines concerning
the admissibility of evidence, and that conviction is by
majority vote of the panel trying a case. Critics add that
meaningful appeals are impossible because no adequate record is
kept of initial hearings before tribunals, and judges on the
appeals panel are drawn from the same pool of "lay judges" who
hear the initial cases, which means some cases include judges
who actively participated in the initial hearing under appeal.

128

GHANA

The members of the Ghana Bar Association, citing such
shortcomings, have elected not to practice before the tribunals,
and few lawyers are willing to appear in cases before them. In
1985 the Government approved the creation of a legal aid
program, but at the end of 1986 this program had yet to be
implemented .

In 1986 the public tribunals continued the PNDC policy of
imposing the death penalty for offenses that were essentially of
an economic, "white collar" nature. For example, three
government officials were sentenced to death by firing squad on
September 26 for embezzling government funds. In May, after
hearings before a Public Tribunal, nine people allegedly
involved in coup plotting, including those who had allegedly
been tortured during interrogation, were executed by firing
squad.

Amnesty International has adopted as a "prisoner of conscience"
a Ghanaian who was sentenced by a public tribunal to 16 years in
prison for complicity in a November 1982 coup attempt.

f , Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The individual citizen is, for the most part, free from
interference by the State in his or her private conduct,
although some critics fear that the Committees for the Defense
of the Revolution (CDR's) have the potential to become
"neighborhood watch committees", analogous to the Cuban model.
However, while the Government holds that all citizens are
"members" of the CDR's, at present actual participation in the
system is voluntary. Monitoring of telephones and mail rarely
occurs. Forced entry into homes has been reported in connection
with security investigations. Informers exist, but informer
systems, so far as is known, are not widespread. There is no
forced resettlement of populations nor interference with the
right to marry or to have children or for parents to provide
religious instruction for their children.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The freedoms of speech and the press guaranteed under the now
suspended 1979 constitution stand abrogated, but the PNDC
Chairman has publicly encouraged people to speak out on local
community concerns, though not on government policy. The
Government owns the radio and television stations, as well as
the two principal daily newspapers. The press avoids criticism
of the revolution or of Chairman Rawlings. It focuses instead
on uncovering instances of waste, fraud, and mismanagement, even
when they involve relatively high-level officials (though such
are usually government inspired).

In the past several privately owned newspapers tried to be
relatively bold in their news coverage axid editorial comments,
but most of these newspapers, for various reasons, have since
closed down. Government actions against the press continued in
1986, e.g., by limiting supplies of newsprint to the independent
press, thereby reportedly forcing one of the most outspoken
newspapers into bankruptcy in early 1986. In December 1985, the
Government banned publication of the Catholic Standard on
political grounds. A church newespaper , the Standard was known
for its independent stand on human rights and other issues.
Despite efforts by the Catholic Church throughout 1986 to get

129

GHANA

the Standard reopened, including public issuance of a Bishops'
communique on the subject in September, it remains under
government ban.

Academic freedom tends to be respected within the confines of
the campus. Private organizations voice occasional dissent from
official policies but are denied access to the media and have
difficulty reaching the public with their views.

b. Freedom of Peaceful Assembly and Association

Individuals are generally free to join together formally or
informally to promote nonviolent causes, but restrictions remain
on association for the purpose of protesting government
policies. Political meetings are banned. Permits are required
for public meetings but are routinely granted except when the
meeting has an overtly political purpose.

In 1986 the Trades Union Congress (TUC) continued to be led by
officials freely elected in December 1983. New elections are
slated for 1987. The TUC is associated with the International
Labor Organization and with the Organization of African Trade
Union Unity. The right to strike is recognized in law and in
practice in Ghana. Ghanaian trade unions freely engage in
collective bargaining with both private sector and state-owned
enterprises, though in the latter category there are indications
that the Government has, on occasion, used brief detentions and
threats against union leaders to force agreement on issues
involving state-owned enterprises. In April 1986, the TUC
threatened to call a general strike, charging that the
Government had changed wage and benefits policy unilaterally and
negated the principle of free collective bargaining. Senior
PNDC officials intervened to resolve the problem, and the
Government now seems to be encouraging greater dialogue with the
unions .

c. Freedom of Religion

There is no state-favored religion and no restriction on the
exercise of religion or on contacts with others of the same
faith, though as the Catholic Standard case indicates, the
Government will not hesitate to ban religious publications for
alleged political content. Most Ghanaians, including senior
government officials, are practicing members of religious
groups. Foreign missionary groups operate freely throughout the
country, though the "profusion" of such groups has come under
criticism from the PNDC Chairman.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

People are free to move from one part of the country to another
without special permission. Since 1983 some diplomats have been
required to give 48 hours' notice before traveling outside the
greater Accra region. Police roadblocks continue to exist
countrywide, allegedly for the prevention of smuggling, but are
less obtrusive than in the 1982-84 period. Roadblocks and car
searches are still a normal part of nighttime travel in Accra,
but are no longer conducted during the day.

As members of the Economic Community of West African States,
Ghanaians are free to travel without visas for up to 90 days
anywhere in West Africa. Ghanaians are generally free to
exercise this right, and nationals of other member states are
free to travel to Ghana. However, the Ghana/Togo border is

130

GHANA

Still closed following allegations of Ghanaian involvement in a
September coup attempt against the Government of Togo. The
major restraints on travel by Ghanaians are lack of foreign
exchange and long delays in the issuance of passports.
Ghanaians are free to emigrate or to be repatriated from other
countries. If a person is considered a security threat, special
permission must be obtained.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The PNDC under Chairman Rawlings exercises total executive,
legislative, judicial, and administrative power in Ghana (PNDC
Law 42). There are no other governing organs and no current
procedure by which citizens can freely and peacefully change
their laws, officials, or form of government. A panel to design
new democratic structures to eventually replace Ghana's existing
provisional system is in existence but has yet to publish any of
its deliberations or a timetable. Efforts to give substance to
the revolutionary slogan, "Power to the People", include
elections for leadership positions at the local level to the
Committees for the Defense of the Revolution. These efforts
were purportedly intended to culminate in July 1986 with a
National CDR Conference, but organizing difficulties limited the
1986 CDR meetings to the regional level. Thus far, indications
suggest that these CDR elections have been relatively free and
open, but that the CDR's do not seem to be drawing support from
a wide spectrum of the population. No claim is made by the
Government, however, that these committees are meant to take the
place of either elected local or national governing bodies.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government cooperates with the International Committee of
the Red Cross which continued its visits to prisons in Ghana in
1986. There are several internal groups concerned with human
rights, and they tend to be objective but not especially vocal
or effective in their reporting. Nevertheless, various
independent groups and organizations have worked for and have
sometimes succeeded in gaining the release of persons from
custody. Official human rights inquiries may be answered at
various levels, including by cabinet secretaries. In 1986 no
international human rights organization sent representatives to
Ghana, although Amnesty International issued an urgent bulletin
about certain individuals held in detention without charge.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination based on race, language, religion, or social
status is not a problem in Ghana. Women's rights in business,
the civil service, and the home have long been well established
and respected. One woman serves as a member of the ruling
PNDC. There is one woman in the Cabinet, and at least six women
hold subcabinet positions. Although women in urban centers and
those who have entered modern society encounter little bias in
most endeavors, role pressures do exist. Women in the rural
agricultural sector remain subject to the constraints associated
with traditional male-dominant mores, in spite of efforts by the
Government and more enlightened elements in the society to
curtail such practices. In 1985 the Government promulgated four
laws which overturned many of the discriminatory customary,
traditional, and colonial laws, i.e., concerning family

131

GHANA

accountability, intestate succession, customary divorce
registrations, and the administration of estates.

CONDITIONS OF LABOR

Working conditions in Ghana are governed by labor legislation
which specifically prohibits forced labor, sets a minimum
employment age of 15, and prohibits night work and certain types
of hazardous employment for those under 18 years of age.
Government directives establish a minimum normal wage and,
through both directives and union contracts, the normal hours of
work are defined in terms of a 40-hour week. Labor legislation
also provides for labor inspectors and gives them the power to
order the alteration or closing of any work site "to avert any
threat to the health or safety of the workers." Terms of
employment and protection against arbitrary discharge are also
covered by existing legislation.

132

U.S.OVERScftS

■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: GHANA

1984

1985

1936

I. iCON.
LO
GR
A. AID
LO
GR
(SHC
3. FOOD
LO
GR
TITLE
^SPAY
PAY.
TITLE
5.REL
/OL.R
C.OTHE
LO
GR

ASSIST. -TOTAL,

ANS ,

ANTS

ANS

ANTS ,

.SUPP. ASSIST.) .. ,

FO^ PEACE

ANS

ANTS

I-TOTAL ,

. IM 5-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.DEV 5 WFP,

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A.^IAP GRANTS ,

3. CREDIT FINANCING.,
C.I NIL MIL.ED.TR^JG.,
0. IRAN- EXCESS STOCK.
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS ,

20.2

25.2

5.5

0.0

9.0

0.0

20.2

16.2

5.5

0.0

2.4

4.0

0.0

2.4

4.0

0.0

18.3

21.5

0.0

9.0

0.0

1 3.8

12.5

0.0

9.0

0.0

9.0

0.0

1 3.8

12.5

0.0

1 .8

5.1

0.0

17.0

7.4

0.0

1.4

1.3

1.5

0.0

1.4

1.3

1.5

1.4

1.3

1.5

0.0

0.2

0.3

0.2

0.0

0.2

0.3

0.2

0.0

0.2

3.3

0.2

0.0

20.4

25.5

5.7

0.0

9.0

0.0

20.4

16.5

5.7

0.0

OTHER US LOANS. .. .
EX-IM BANK LOANS,
ALL OTHER ,

ASSISTANCE FROiM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL ,

213.9

195.4

96.0

1084.4

IBRD

0.0

.0.0

190.5

if:

60.0

0.0

60.0

IDA

125.0

122.0

96.0

624.1

ID5

0.0

.0.0

A03

0.0

AFDB

30.9

59.7

0.0

120.1

UNOP

3.0

5.1

0.0

52.1

OTHER-UN

0.0

3.6

0.0

21.6

EEC

0.0

16.0

133

GUINEA

In 1986 Guinea's military leaders consolidated their hold on
political power and, under the ruling Military Comrnittee for
National Recovery (CMRN), significantly expanded civilian
participation in the day-to-day operations of the Government.
Civilians now fill 19 of the 35 cabinet-level positions,
including 7 exiles who had fled the late President Sekou
Toure's Guinea. The CMRN is sensitive to ethnic divisions and
has attempted to strike a balance among the major groupings in
appointments and promotions of high officials.

General Lansana Conte has consolidated power in his third year
as Head of State, a process facilitated by his building up of a
well-armed presidential guard. Since the aborted coup of July
1985, there have been no known attempts forcibly to overthrow
the Government. President Conte and his Government continue to
enjoy support from having overthrown in a bloodless coup the
successors of Sekou Toure, who died unexpectedly in March 1984
after having been Guinea's leader since 1958, and from the
emphasis they place on improving human rights in Guinea. Conte
has pledged to make Guinea, "a nation of laws, and fully
respectful of human rights and liberties."

Despite abundant natural resources, Toure's legacy of
mismanagement and authoritarianism has left Guinea among the
poorest countries in the world, with a per capita gross
national product below $300. Eighty percent of the population
is engaged in subsistence agriculture, and the salaried sector
consists almost entirely of the 79 , 000-member civil service.
Guinea is seeking to overcome this legacy with a comprehensive
economic reform program aimed at introducing an environment
conducive to individual initiative and the operation of the
free market .

The fragility of Guinea's improved human rights situation under
Conte was illustrated in 1986 by widespread international press
attention on the fate of a number of Sekou Toure's family
members and political associates, and of those former CMRN
members and others arrested after the July 1985 coup attempt.
These reports indicated a growing belief that many of these
people had been executed. At the end of 1986, the Government
had still not charged or brought these persons to trial but was
under growing pressure to give some accounting of their
whereabouts and status .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Jeune Afrique and other leading Africa-oriented publications
published allegations that political killings had taken place
within 4 days of the 1985 coup d'etat. In no case was hard
evidence presented in support of these charges, but Jeune
Afrique asserted that the Government has the burden to show
that those incarcerated are still alive. The Government has
chosen not to respond to these specific charges or to exhibit
the persons. In a speech on December 22, 1985, Conte implied
that at least some of the detainees may have been summarily
executed. However, the official government position remains
that these persons are in prison, and that they will be tried
after the appropriate judicial investigation is completed. The
prisoners involved are all identified with one particular

134

GUINEA

ethnic group, the Malinke. The Malinke were closely identified
with the Sekou Toure regime. President Conte is from the
Soussou ethnic group.

b. Disappearance

No politically motivated abductions or disappearances were
reported .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Since coming to power in April 1984, the Government has
repeatedly condemned the cruel and inhumane practices of the
Sekou Toure regime. It has, in some cases, corrected past
abuses by law enforcement and prison officials when these cases
have been brought to its attention. Government officials
admit, however, that control over the lower ranks of the
police, gendarmerie, and military forces is at best uneven, and
maltreatment of prisoners still occurs. For example, prisoners
have reportedly been stripped naked during their confinement.
Because of Guinea's general underdevelopment, prison conditions
are squalid and unsanitary, and the low-ranking officials who
guard them are poorly educated, trained, paid, and supervised.

d. Arbitrary Arrest, Detention, or Exile

The exact number of political detainees is unknown, but,
according to Amnesty International in its 1986 Report,
60 persons with ties to Sekou Toure remained in detention at
the beginning of 1985 and another 200 persons were arrested
after the July 1985 coup attempt. Some of these were released
during 1985. The whole process of arrest, interrogation,
release, or further detention of the suspects remained shrouded
in secrecy.

There have been a number of reported cases involving arbitrary
arrests on nonexistent or trumped-up charges, often by police
officials seeking to supplement low salaries through extortion.
Presidential admonitions and frequent campaigns against this
practice in the government media have not succeeded in bringing
continued reports to a halt.

Guinea in the post-Toure era does not deliberately practice
incommunicado detention, but the authorities are often slow
in acknowledging arrests involving common criminals, in part
due to the lack of a functioning communications system. These
cases typically conclude with a delayed official
acknowledgement of arrest after the family of the prisoner has
been unofficially informed. Guineans are troubled by the
shortcomings of the current law enforcement system, including
the lack of safeguards for bringing accused persons before a
judge within a reasonable period of time. Guineans no longer
have, however, the paralyzing fear they harbored for the brutal
party state apparatus of the Toure regime.

Compulsory labor is prohibited and not practiced in Guinea.

e. Denial of Fair Public Trial

In 1986 Guinea continued the process of developing a modern and
independent judicial system, which on paper includes procedural
safeguards for the accused. The judiciary, as evolving, will
have courts of the first instance at the subpref ecture and
prefecture levels and courts of appeal at the provincial level.

135

GUINEA

In September the Government abolished the Supreme Court, which
was to have multiple functions, and in its place created a more
narrowly focused Court of Annulment, charged with reviewing
lower court decisions and determining whether applicable legal
codes or relevant precedents have been followed.

In September the Government also placed a new emphasis on
c[uality in the appointment of judges and the training of
lawyers. In addition, it created an "independent" Guinea Bar
Association to assist in the reform process, in part through
the development of objective criteria for licensing attorneys.
Heretofore, judges have been inadequately paid, have had poor
or no access to reference materials, and often have allowed
their decisions to be influenced by other than purely legal
considerations. Ideology no longer plays a role in the
appointment of either judges or lawyers (formerly called
"popular lawyers"). By the end of 1986, nearly 20 attorneys
had been admitted to the Bar. The consolidation of both the
court system and the licensing procedures for attorneys reflect
the Ministry of Justice's new emphasis on quality versus
quantity, as it attempts to reduce the size of the country's
legal machinery in proportion to the means available to support
it.

Citizens accused of treasonous acts are to be tried by a new
Court for National Security, the existence of which was first
announced in 1985. According to the Government, former
civilian officials of the previous Toure regime and civilians
implicated in the July 1985 attempted coup will be tried in
this Court. Military men implicated in the coup attempt are to
be tried in a military court. As noted, no progress was made
in 1986 in bringing any of these cases to trial.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government has stressed traditional family values and the
inviolability of the home, but there are no legal or
constitutional safeguards to protect these rights. In general,
the CMRN is less willing than the former regime to abuse police
powers. However, it does authorize from time to time stepped
up police patrols and roundups of persons considered to be
suspicious on the streets after midnight. While these patrols
respond to a significant increase in city crime and juvenile
delinquency, there have been excesses by police and
paramilitary forces.

Mail and telephones, especially of foreigners, are likely to be
monitored .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

While there is no longer a network of informers, after 26 years
of totalitarian rule many Guineans are still hesitant to speak
their minds on sensitive issues. With all media operated or
controlled by the Government, freedom of the press does not
exist. The Ministry of Information and Culture continues to
act both as censor and administrator, but, within limits, has
permitted some movement in the direction of press freedom.
Local news media were given greater latitude during 1986 to
report on the progress or lack of progress in the Government's
reform programs. Reporters working for the newly formed
Guinean press service were permitted to cover a broader

136

GUINEA

spectrum of domestic issues than had been the case under the
previous Government. In several cases, however, articles
denouncing corrupt practices did not have the promised sequels
and journalists were reassigned. A few foreign books and
magazines circulate freely, even when they contain material
critical of the CMRN.

b. Freedom of Peaceful Assembly and Association

There was a proliferation of voluntary associations in Guinea
in 1986, generally in the human services and professional
fields, such as the Red Cross and the Chamber of Commerce. The
officers of the newly founded journalists' association,
however, were dismissed by the Minister of Information as
though they were Ministry employees.

During 1986 the Guinean National Labor Confederation (CNTG)
completed its second year as an autonomous entity. It
maintains relations with recognized regional and international
bodies, including the International Labor Organization (ILO),
and regularly sends representatives to their meetings.

Organized labor in Guinea derives its power almost entirely
from the prestige of its leadership, as economic conditions in
the country have placed workers in a weak bargaining position.
Most workers represented by CNTG affiliated unions are
government employees, a large percentage of whom are slated for
either early retirement or layoff due to government efforts to
trim the civil service. Nongovernment workers have the right
to strike, but by union policy need the permission of the CNTG
executive board to do so. In late October the Government, with
the support of the CNTG, ordered the firing of 27 workers
involved in a wildcat strike of a major bus company.

c. Freedom of Religion

Approximately 85 percent of the population is Muslim, but there
is religious freedom and toleration for worshipers of all
faiths. Christians, despite their numerical minority, are
accorded equal status, and there is no official state religion.
The first Anglican bishop was installed in July 1986. All
religions in Guinea have the right to maintain links with
coreligionists in other countries. Missionaries may come to
Guinea and proselytize, but the Ministry of Religious Affairs
limits their numbers. The Government has declared both Muslim
and Christian holy days as public holidays. It also subsidized
pilgrimages to Mecca and the Vatican in 1986.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Guineans are free to move about the country and change
residence or workplace, although they may be menaced
occasionally by petty harassment by the poorly paid police
and/or military at unauthorized roadside checkpoints. The
Government has tried to slow the pace of rural-urban migration
by primarily noncoercive means. In Conakry itself, however,
the Government has seen a need to augment late night police
patrols with added force deployments and occasional curfews to
respond to reports of increased crime committed by bands of
delinquent youth, many of whom are recent arrivals from the
interior and incapable of finding productive work. Foreign
travel involves considerable red tape for the prospective
Guinean traveler, but there are no unusual restrictions.
Foreigners are required to have a routinely granted laissez

137

GUINEA

passer for travel into the interior. The sudden increase in
the numbers of non-African expatriates in the country has
rekindled xenophobic fears in many Guineans and caused the
Government to tighten immigration procedures from time to time.
There are no accurate statistics on the number of former exiles
from the Sekou Toure dictatorship who have returned to Guinea.
There is much evidence to indicate, however, that they are
returning in significant numbers. There are no political
obstacles to repatriation.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since independence, Guinea has had no experience in democracy,
and there is still no legal provision for political parties or
formal opposition to CMRN rule. The day-to-day running of the
country has devolved increasingly upon the civilian members of
the Cabinet, but ultimate authority still rests with the
military dominated CMRN, which rules by decree. The CMRN has
shown no inclination to relinquish its power or to permit
national elections, apparently fearing that political
organization would cleave Guinea along ethnic lines.

Decentralization became a major theme in 1986 in meeting ethnic
tensions and was the subject of a national administrative
conference in September, attended by the entire CMRN, the
civilian Cabinet, and representatives of all the country's
prefectures. In this connection, the Government launched an
administrative reform program to develop local governing bodies
at village and city neighborhood levels. A new government
department, the Secretariat of State for Decentralization, was
charged with introducing these local structures which involved
local elections. There were reports of certain coercive
measures to prevent some objectionable candidacies by persons
associated with the previous regime, but in most cases the
people were able to choose freely. The new local governing
bodies are not to replace the prefecture layer of government
and are limited to concerning themselves with developmental and
social issues. Prefectural appointments are still made by the
President, with the appointees commonly being natives of the
regions to which they are assigned.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No local human rights organizations are known to exist in
Guinea, but certain abuses are reported in the media. The CMRN
has been publicly self-critical of its record, asserting that
its overall approach to human rights distinguishes it from the
repressive regime it overthrew but admitting that lapses have
occasionally occurred. In this way, the Government has raised
public consciousness on human rights issues. It has allowed
Amnesty International to expand its membership and activities
in Guinea, including circulating its publications freely in the
country. Guinea is one of the few countries in Africa where
Amnesty International has a local affiliate. In addition,
French-based groups, such as The Assembly for the Protection of
Human Rights and Liberty in Guinea, make known their concerns
about human rights.

138

GUINEA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While the Government has not excluded any of the four major
ethnic groupings in the country from executive or other
positions, and while it has repeatedly exhorted its citizens to
think of themselves as Guineans and not as members of a
particular group, discrimination and mutual suspicion still
characterize relations across ethnic lines within and outside
government .

Women in Guinea enjoy a special status which has grown out of
the political role they played in the pre-independence period.
They still lag, however, in educational and employment
opportunities despite the considerable influence of market
women on the local economy. The Government publicly supports
the advancement of women, but the presence of women within the
civilian part of the Government is not large. The current
Secretary of State for Social Affairs is a woman who was
imprisoned for her political views during the previous regime.
Her predecessor, also a woman, helped create the Guinean
Association for Family Weil-Being (AGBEF) , a nonprofit, private
organization to promote family planning and maternal and child
health care. During 1986 the Organization of Women Workers
established itself as a quasi-independent advocate of women's
rights within the CNTG. This labor organization, plus the
AGBEF and the National Office on the Feminine Condition, have
conducted seminars and colloquia on women's issues and
developed contacts with sister organizations overseas.

CONDITIONS OF LABOR

By accepted practice, children under the age of 17 are not
usually employed outside the family. An exception is in the
area of subsistence agriculture where farming is traditionally
a family affair. With the help of the ILO, a new labor code is
scheduled for introduction in 1987 which will include a minimum
employment age of 17, a 40 hour work week, acceptable health
and safety standards, and fair collective bargaining
procedures. These labor standards are for the most part
already in effect in the modern mining enclaves. Under
existing legislation, a collective labor agreement signed in
1986 governs relations between Guinean mineworkers and the
mining industry. Fair collective bargaining procedures were
followed in hammering out this agreement.

139

U.S.0VERSE4S -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: GJINEA

1934

1985

1936

I.HCON. ASSIST. -TOTAL...

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SSC.SUPP. ASSIST.) ...

d.FOOO FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

?EPAY. IN t-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

=. RELIEF. EC.OEV I WFP.

VOL. RELIEF AGENCY

C. OTHER E:0N. ASSIST.. .

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A.flAP GRANTS

3. CREDIT FINANCING....
;.INTL MIL.EO.TRMG. .. .
3.TRAN-EXCESS STOCK...

E. OTHER GRANTS.

III. TOTAL ECON. S MIL...

LOANS

GRANTS

6.6

9.7

13.5

4.8

3.7

0.0

1.8

4.0

13.5

1.7

4.0

13.2

0.0

1.7

4.0

13.2

0.0

10.0

4.9

5.7

0.0

4.8

5.7

0.0

0.1

0.0

4.3

5.7

0.0

4.8

5.7

0.0

0.1

0.0

0.1

0.0

0.3

0.0

0.3

O.D

0.0

0.3

0.0

1.6

3.1

2.1

0.3

0.0

1.6

3.1

2.1

1.5

3.0

1.9

0.0

0.1

0.2

0.0

8.2

12.3

15.6

4.8

5.7

0.0

3.4

7.1

15.6

OTMER US LOANS 0.0

0.0 0.0

EK-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-36

TOTAL

94.8

53.5

44.0

596.5

IBRD

0.0

73.5

IPC

0.0

"I .0

17.1

IDA

46.7

17.5

43.0

262.2

103

0.0

AD3

0.0

'0.0

AFDa

44.9

27.6

0.0

117.2

UNDP

3.2

4.3

0.0

63.6

OTHER-UN

0.0

1.9

0.0

11.0

EEC

0.0

7,5

0.0

51.9

140

GUINEA-BISSAU

The Republic of Guinea-Bissau adopted a constitutional form of
government in May 1984, when the 4-year old Revolutionary
Council, established after the 1980 coup d'etat, was
abolished. Following the promulgation of the Constitution,
elections were held for the National Popular Assembly, which in
turn elected General Joao Bernardo Vieira to a 5-year term as
President of the Council of State. The 150-member Assembly
also chose the other members of the Council. Despite adoption
of the Constitution, effective control remains in the hands of
President Vieira, who serves as Head of State, Commander in
Chief, and general secretary of Guinea-Bissau's sole political
party, the African Party for the Independence of Guinea and
Cape Verde (PAIGC) .

Political opposition is forbidden. The party selects all
candidates for office, who run unopposed at all levels of
government. The 1984 Constitution nominally guarantees the
equality of all citizens, the rights of man, and the rule of
law. The Government generally accords these rights, but the
rigidity of the single party system clearly limits individual
political freedom. The Government cites national security to
crack down on activities it views as a threat to its
authority. The armed forces (FARP) are responsible for state
security, both internal and external, as mandated by the
Constitution. Persons accused of political crimes are tried by
military tribunals.

Economically, Guinea-Bissau remains one of the world's poorest
and least developed nations, dependent upon foreign aid for its
survival. The Government's post independence efforts to
exercise Soviet-style control over the economy resulted in
chronic shortages of the most basic commodities, high
unemployment, and a worthless currency. In 1986 the Government
continued reforms initiated in 1983 aimed at stimulating the
private sector, shifting ownership of the means of production
from state to private hands, and bringing the moribund economy
back to life.

The Government's human rights record was marred by several
events during 1986. Six of the 50 persons arrested in October
1985 for plotting to oust President Vieira were tried for
treason and executed in July. Another five of the accused died
mysteriously in prison while awaiting trial. Incidents of
religious persecution and suppression of freedom of the press
also occurred in Guinea-Bissau during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killing.

b. Disappearance

There were no known cases of disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Five persons accused of plotting to overthrow the Government
died in prison between February 12 and June 1, before they

141

GUINEA-BISSAU

could be brought to trial. The official explanation of their
deaths is that four died of natural causes, and the fifth was
shot while trying to escape. It is widely believed, however,
that four died as a result of beatings received in prison. The
families of four of the five victims were not allowed to view
the bodies. In the fifth case, the family saw the body only
from a distance, but claimed that they could see discolorations
and an indentation on the side of the head.

The Constitution prohibits cruel and inhuman punishment.
However, prison conditions are unsanitary and cramped, and
interogation methods are severe. Prisoners' families routinely
bring them food and medical supplies. Capital punishment is
forbidden in civil criminal cases but allowed in cases before
military tribunals.

d. Arbitrary Arrest, Detention, or Exile

Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined and the use of arrest warrants is the
exception rather than the rule. Traditional law still prevails
in most rural areas. The legal system inherited from the
Portuguese colonial regime, but modified by the Constitution,
functions in the capital, Bissau, and other urban centers. It
includes important procedural rights, such as the right to
counsel and the right to a judicial determination of the
legality of detention. Bail procedures are observed
erratically. The Government has the legal right to exile
prisoners but did not do so in 1986.

There is no forced or compulsory labor in Guinea-Bissau.

e. Denial of Fair Public Trial

The judicial system is based on the Portuguese model, with some
exceptions. Intervals between arrest and trial are often
lengthy. All defense lawyers are court appointed, as private
legal practice is prohibited. The judiciary is part of the
executive branch. Trials involving state security are not open
to outside observers and are conducted by military tribunals.
FARP members are tried by military courts for all offenses.
The Supreme Court is the final court of appeal for both
civilian and military cases except those involving national
security matters, in which cases the Council of State reviews
all decisions.

Former Vice President Paulo Correia, former Deputy Minister of
Justice Viriato Pa, and four others who had been arrested in
October 1985, were charged with plotting a coup, tried before a
military court in June 1986, and subsequently sentenced to
death. They were executed by firing squad on July 17, 1986,
despite appeals for clemency by Presidents Mitterand of France
and Scares of Portugal, the Pope, Amnesty International, and
all Western Chiefs of Mission accredited to Bissau. Six others
who were sentenced to death had their sentences commuted to 15
years of hard labor. President Vieira justified the executions
as necessary to preserve national security, declaring that
former Vice President Correia had attempted a coup once before
and that all of those executed had sought to incite ethnic
divisions within the society to overthrow the Government.
Forty-five other defendants in the treason trial were sentenced
to varying prison terms.

142

GUINEA-BISSAU

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution guarantees the inviolability of domicile,
person, and correspondence. These guarantees are not always
respected in cases of serious crimes or state security where,
for example, the use of search warrants is rare. International
and domestic mail is subject to surveillance and/or censorship.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of intellectual, artistic,
and scientific expression, with the significant exception of
cases in which these rights are exercised in a manner "contrary
to the promotion of social progress." In fact, the Government
controls all information media and views the press as a vehicle
of the party. Self-censorship by journalists is common.
However, some criticism and questioning of policies is
permitted, although never of individual officials. In June the
Government expelled a Portuguese journalist, who had written of
local corruption and human rights violations, when he refused
to reveal his sources.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees freedom of assembly and
association, and government approval is not required for
peaceful assemblies and demonstrations. However, all existing
organizations and associations are linked to the Government or
the party, including the sole labor union, the National Union
of the Workers of Guinea-Bissau (UNTG) . The UNTG is affiliated
with the Communist-controlled World Federation of Trade Unions
and is a member of the Organization of African Trade Union
Unity. Strikes, while not specifically forbidden, do not
occur. Manufacturing is extremely limited and all major
enterprises are state owned. Thus, the overwhelming majority
of salaried workers are employees of the state, and the union
is forbidden to organize these public workers.

c. Freedom of Religion

Religious freedom is guaranteed by the Constitution and has
been respected. Christians, Muslims, and animists worship
freely, and proselytizing is permitted. However, a new and
growing religious movement known as the Yanque-Yanque has
emerged and its practices have caused the Government concern.
This movement, founded a few years ago by a woman who claims to
receive visions and to have healing powers, finds its support
mainly among young Balantas (the same ethnic group from which
most of the coup plotters came) . Yanque-Yanque is a
monotheistic religion which rejects traditional animist.
Christian, and Muslim values and is charactized by unusual and
sometimes violent rituals which include the taking of a locally
produced narcotic mixture. These rituals have occasionally
caused physical harm to participants and even to individuals
outside the movement. Moreover, the Yanque-Yanque reject
modern social and economic structures including, by
implication, the Government. At this time Yanque-Yanque does
not constitute a political movement. Nevertheless, the
Government has questioned, detained, and occasionally arrested
several Yanque-Yanque leaders, often on narcotics charges. The
occasional taking of drugs, without any legal repercussions, is
a characteristic of the rituals of some other local religions.

143

GUINEA-BISSAU

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government introduced several steps to ease restrictions on
freedom of movement within the country, emigration, and foreign
travel. President Vieira abolished the network of roadblocks
set up to control smuggling, and Guinea-Bissauans can now
travel freely throughout the country. The President also made
it easier for citizens to obtain passports and, though the
Government does not encourage emigration, spoke of his
understanding of the economic conditions which have compelled
thousands to emigrate. He also invited all Guinea-Bissauans
living abroad to return home without fear of retribution.
While sympathetic to the principle of asylum, Guinea-Bissau
does not host significant numbers of refugees.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Guinea-Bissau is led by the PAIGC party and military (FARP)
elite, headed by President Joao Bernardo Vieira. By the terms
of the Constitution, all political activity must take place
within the party/state structure. The 1984 electoral slates
for the National Popular Assembly at the district, regional,
and national levels were party-prepared lists. Write-in or
opposition candidacies were not permitted. The President,
members of the Council of State, and National Popular Assembly
deputies are elected to 5-year terms. There are provisions for
revision of the Constitution and national referendums. Change
occurs through Presidential decisions supportad by the Council
of State. No single ethnic group dominates party/government
positions, but the fact that the city of Bissau is located in a
Papel and Creole (mixed-race) inhabited zone guarantees these
two groups disproportionate representation within the
Government. Women have legal equality with men and hold some
influential jobs within the party and the Government. The
current Secretary of State for Labor and Social Security and
the President of the National Assembly are both women.
Foreigners residing in Guinea-Bissau are entitled to the same
rights as citizens, except for the right to vote and hold
public office.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

President Vieira welcomed the visit of an Amnesty International
team during the coup plot trials in June, pointing out that
such a visit would not be allowed by many African nations. The
Amnesty team, however, was tightly scheduled and had little
time for making independent contacts while in Bissau. The team
observed the trials for 1 day. President Vieira continues to
invite international delegations to visit and inspect human
rights conditions in Guinea-Bissau. There are no local human
rights groups operating in the country.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The population of Guinea-Bissau comprises diverse tribal groups,
each with its own language, customs, and social organization.
The Fula, Mandinga, Balanta, and Papel are important groups.
The underdevelopment of the country precludes any one ethnic
group from asserting itself economically or politically, as all
groups are desperately poor. Creoles enjoy a somewhat

144

GUINEA-BISSAU

advantageous position within the society, due to their
generally higher level of education and their links to Portugal
and Cape Verde. However, this has not resulted in economic or
political domination. President Vieira has spoken repeatedly
of the need for creating a stronger sense of nationhood. His
public statements concerning the July executions of coup
plotters reflect his belief that they were seeking to divide
the society in order to assure the domination of the Balanta
ethnic group. The Balanta group is the largest in
Guinea-Bissau but does not constitute a majority of the
population. There is no evidence of any strong dissatisfaction
among the Balanta, other than the general disaffection over
economic conditions which is common in Guinea-Bissau.

Discrimination against women, while officially prohibited,
continues within certain ethnic groups, especially the Muslim
Fulas and Mandinkas of the north and east. Among those groups
female circumcision is still practiced, despite official
prohibition and educational campaigns against this custom.
Women enjoy higher status in the societies of the Balanta,
Papel, and Biagos groups living mainly in the southern coastal
region.

CONDITIONS OF LABOR

In an overwhelmingly rural and agricultural society,
traditional division of labor practices, both between sexes and
age groups, continue to prevail. Children in all rural
communities work in the fields and at home for no pay. The
Government does not attempt to discourage this practice and, in
fact, delays the opening of schools until the rice-planting
season has ended. Even in the small modern sector, labor laws
are ill-defined and unevenly enforced in Guinea-Bissau, due
primarily to the extreme economic underdevelopment of the
society. However, there are government regulations covering
such matters as job-related disabilities and vacation rights;
and the Government is soon expected to approve the draft of a
new labor code, which will set a minimum age of 14 for general
factory labor and of 18 for heavy or dangerous labor, including
all labor in mines. The normal work week is 39 hours. There
is no minimum wage.

145

U. 3. OVERSEAS

•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
<U. 5. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: GJINEA-aiSSAU

1984

1935

1936

I.ECON. ASSIST.-TOTAL..,

LOANS

GRANTS

A. AID

LOANS ,

GRANTS

(SEC. SUPP. ASSIST.) .. ,

B.FOOD FOR PEACE ,

LOANS ,

GRANTS ,

TITLE I-TOTAL

REPAY. IH J-LOANS....,
PAY. IN POR. CURR.....

TITLE II-TOTAL

E. RELIEF. EC. DEV i WFP,

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST.. ,

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II. MIL. ASSIST.-TOTAL.

LOANS ,

GRANTS

A. MAP GRA>JTS ,

3. CREDIT FINANCIMG..
C.INTL MIL.EO.TRNG. .
D.TRAN-EXCESS STOCK,
r. OTHER GRANTS ,

III. TOTAL ECON. S MIL.

LOANS ,

GRANTS ,

5.3

4.1

0.4

0.0

5.0

4.1

0.4

2.0

3.5

0.4

0.0

2.0

3.5

0.4

0.0

3.0

0.6

3.0

0.0

3.0

0.6

0.0

3.0

0.6

0.0

3.0

0.6

0.0

5.0

4.1

0.4

0.0

5.0

4.1

0.4

OTHER US LOANS 0.0

0.0
0.0
0.0

0.
0.
0.

. 0

EK-IM BANK LOANS 0.0

ALL OTHER 0.3

,0
,0

ASSIS-TANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-

-86

TOTAL

18.7

16.3

0.0

124.2

IBRD

0.0

0..0

0.0

IFC

3.0

0.0

104

3.0

16.3

0.0

68.9

103

0.0

AD3

0.0

AFOB

9.6

0.3

0.0

37.8

UNDP

3.5

0.3

, O.C

15.8

OTHER-UN

3.6

0.0

1.7

EEC

O.C

0.0

146

KENYA

Kenya has been a one-party state by law since 1982, and the
President, Daniel arap Moi, maintains firm control over both
the Government and the party, the Kenyan African National
Union (KANU) . The role of the party has grown significantly
in recent years, especially in 1986, when Moi personally led a
massive party membership campaign. Kenya has a popularly
elected National Assembly of 158 members, and 12 additional
members are appointed by the President. Parliament plays a
minor role in policy initiatives, although it is involved
frequently in local and regional issues. Within the one-party
system, there is considerable competiton for parliamentary
seats. The Government allegedly interferes in some especially
sensitive cases to ensure that certain candidates are elected.
In 1986 the Government attempted to tighten control over the
party electoral process by proposing a law requiring that all
voters (with the exception of certain members of the clergy,
civil service, and military) physically queue behind candidates
on election day, thereby effectively eliminating the secrecy
of the ballot. Parliament has not yet enacted this proposed
controversial voting requirement, which could apply to all
party elections and the preliminaries to the general elections
scheduled for 1988.

Although the Kenyan economy has recovered from the 1984
drought, its annual gross national product growth of
approximately 4.5 percent has barely kept pace with the growth
in population, approximately 4 percent annually. Unemployment
continues to rise as more than 300,000 new workers enter the
job market each year, while the economy annually generates at
most 40,000 new wage-earning positions. Kenya has a well-
developed private sector and produces not only most of the
food it consumes but also an exportable surplus of corn in
good years. The Government has begun to display an awareness
of the need to promote even greater privatization in most
areas of the economy, including inefficient public
corporations .

The human rights situation in Kenya was subject to some strain
in 1986. As a result of agitation by a clandestine dissident
group called "Mwakenya", some individuals were detained and
released, while others were tried, convicted, and incarcerated.
Still others fled the country out of fear of being arrested or
detained. Little is known publicly about the group except
that it was founded in 1981 in the Kikuyu division of Kiambu
district outside Nairobi.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

b. Disappearance

There were no instances when people disappeared under
suspicious circumstances. Some uncharged detainees, e.g.,
from the Mwakenya, are still being held, but the disappearance
of any of them would be unprecedent-ed in Kenyan politics.

147

KENYA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is specifically proscribed under the Constitution.
Isolated reports of police torture do not suggest that torture
is commonly practiced, but rather indicate that physical abuse
and degradation are occasionally carried out by some persons
without official Government sanction. When allegations of
torture do emerge, they are usually investigated by the
Government. Police, however, often use excessive force in
apprehending suspected criminals, and some suspects have
allegedly been killed while fleeing the scene of a crime.

Prison conditions in Kenya are poor, and Amnesty International
has expressed concern over the treatment of detainees as well
as of prisoners who have been formally tried and convicted.
The Preservation of Public Security Act of 1982 allows
prisoners to be held in solitary confinement, with almost no
outside contact with families and legal counsel. In at least
one case in 1986, there were serious allegations of denial of
medical treatment to a political prisoner. Prisoners are often
required to sleep on cold cement floors which are sometimes
covered in urine because of inadequate toilet facilities.
Overcrowding has recently become a problem in some jails,
especially in Nairobi. Correspondence with prisoners is
monitored, censored, and frequently not delivered. Security
officials are always present when detainees or prisoners
consult with family members or attorneys.

d. Arbitrary Arrest, Detention, and Exile

The Government has from time to time secretly detained persons
implicated in alleged antigovernment activities. Since
resuming the practice of formal detention without charge, the
Government has detained or restricted 18 persons under the
Preservation of Security Act, including 5 in 1986 in connection
with Mwakenya . Ten uncharged detainees were released in
1983-84, and one in 1985. At present, nine persons are being
held under the Act. Seven of these are being held under
suspicion of Mwakenya involvement, and two for alleged links
to the 1982 coup attempt. A total of 37 Kenyans were tried,
convicted, and sentenced for sedition in connection with
Mwakenya. Forty-nine more were released after questioning.

Other Kenyans have been seized and held, usually for short
periods, without being detained. Approximately 60 to 65
soldiers and airmen were jailed after the 1982 coup attempt.
Thirty-four were released in June 1986, while the rest are
still being held. They are subject to military jurisdiction,
and none has been charged with a crime.

Aside from the detention cases falling under the Preservation
of Public Security Act and the unprecedented circumstances
resulting from the attempted coup of August 1982, detained
persons generally have the right to a judicial determination
of the legality of their detention. Kenyan law requires that
persons charged with crimes be brought biweekly before judicial
authorities in public court to ensure that investigations are
conducted in a timely manner and that prisoners are not
mistreated. The degree of compliance with the biweekly review
requirement varies, however, according to the individual
magistrate responsible for assuring adherence to these
procedures. Detainee cases are reviewed every 6 months by a
confidential detainees review tribunal.

148

KENYA

Self-exile has become a course of action frequently chosen by-
Kenyan dissidents. As a result of the 1982 coup attempt and
the 1986 Mwakenya controversy, several critics of the
Government have fled the country, including one former member
of Parliament, Koigi Wa Wamwere. The exiles claim that they
fled to avoid detention for their political views. The
Government regards them as voluntary exiles and asserts that
all are free to return to Kenya. One Kenyan journalist, who
had returned from self-exile in July after reportedly receiving
official assurances of freedom from arrest/prosecution, claims
to have been detained, held incommunicado for 2 days, and
expelled from the country after being formally stripped of his
Kenyan citizenship. His alleged offense was the authoring of
articles critical of the Government while abroad. However,
neither exile nor the threat of exile is routinely used by the
Government as a means of coercion or intimidation.

Kenya has not ratified the International Labor Organization
(ILO) convention No. 105 on The Universal Abolition of Forced
Labor. Although forced labor is not practiced in Kenya, the
Kenyan Government has retained the colonial "Chiefs' Authority
Act," a provision of which empowers chiefs to coerce labor
under certain circumstances. While forced labor may
technically be legal in some cases, this provision of the
Chiefs' Authority Act has not been invoked since independence.

e. Denial of Fair Public Trial

The Kenyan judiciary usually exhibits considerable
independence. In cases involving detention under the
Preservation of Public Security Act, its authority is limited
to ensuring compliance with procedural provisions. Aside from
these security cases, the right to a fair public trial is
usually observed, although long delays and postponements are
common .

Civilians are tried in civilian courts, and verdicts may be
appealed to the Kenyan high court. High court justices,
however, are appointed and dismissed solely at the pleasure of
the President and are thus susceptible to executive pressure.
Military personnel are tried by military courts, and verdicts
may be appealed. Judge advocates are appointed on a case by
case basis by the chief justice. Members of the press
regularly attend and report on court proceedings, both civilian
and military. Kenyans do not have a right to representation
by legal counsel, except in certain capital cases. Most, but
not all, persons tried for capital crimes are provided counsel
free of charge if they cannot afford it.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Security officials occasionally conduct illegal searches to
apprehend suspected criminals or seize allegedly stolen
property. In 1986 searches and security sweeps were conducted
in areas along the Ugandan border in an effort to apprehend
illegal aliens and uncover smuggled goods, especially
firearms. The homes of suspected dissidents, including
university professors, have also been entered and searched,
usually for alleged subversive or incriminating documents.
Security forces reportedly occasionally employ surveillance
techniques and electronic invasion of the home.

149

KENYA
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are proclaimed in the Constitution.
In practice, however, these freedoms have been narrowly
interpreted by Kenyan authorities (e.g.. Parliament is not
permitted to discuss foreign affairs) . The existence and use
of the detention provisions of the Preservation of Public
Security Act discourage public exchange of views on political
topics. There is no systematic formal censorship of the
Kenyan press, but in April a major Nairobi newspaper published
a list of 18 widely varying publications which are prohibited
in Kenya. The publications, which attack the Government as
authoritarian and undemocratic, are mostly published abroad
and are prohibited under sections 63 and 52 of the penal code.
Pressure has also been brought on journalists and publications
not to stray too far from the prescribed government line. In
some instances journalists have been fired or detained without
charge. Government officials regularly caution editors against
printing information they wish withheld from the public, and
the editors usually comply. However, during the recent
controversy about queueing in future elections, the press
printed strong arguments from politicians and the clergy
against the Government's position. The press occasionally
reports unflattering news about government civil servants but
rarely criticizes government leaders and never criticizes or
attacks the President. The Government also discourages
political activism by university faculty and students. Kenya's
institutions of higher learning, especially the University of
Nairobi, have frequently been closed and not reopened until
assurances were given that students would cease political
activity. Kenyan officials regularly denounce university
lecturers for alleged disloyalty and the preaching of
tribalism.

Kenya has a 30-member film censorship board under the auspices
of the Ministry of Culture and Social Sciences. While the
board must approve all films shown in Kenya, a variety of uncut
foreign films are available in Kenya. A 10-member television
censorship board has established guidelines that govern what
can be shown on television.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly and association are guaranteed by the
Kenyan Constitution, although these rights are limited by the
Public Order and Police Act, which gives local authorities wide
powers to control public gatherings. It is illegal to convene
an unlicensed meeting, and politicians have been investigated
or arrested for violations of this statute. Licenses to hold
public meetings are rarely denied. When they are, it is
usually on the grounds that the proposed meeting might disturb
civil order. With the exception of civil servants, who are
required to join KANU, Kenyans are not officially required to
join any political organization. Some Kenyans complained of
intimidation and harassment during the 1986 KANU recruitment
drive. Party membership has in fact become a test of one's
loyalty to the Government. It is seen increasingly as a
prerequisite to enjoying the full benefits of Kenyan
citizenship. The Government and the party itself both claim
that party membership is strictly voluntary.

Kenya has a relatively free trade union movement. Its only
trade union confederation, the Central Organization of Trade

150

KENYA

Unions (COTU) , is affiliated with the Organization of African
Trade Union Unity. The employees of all permanent enterprises
employing at least 7 persons may be organized into trade
unions. Approximately 75 percent of such workers are actually
unionized, but the widespread use of temporary workers inhibits
organizing efforts. In fact, unions represent a greater number
of workers in collective bargaining than actual membership
suggests because nonunion workers are frequently covered by
collective bargaining agreements negotiated for their
respective enterprises. Union elections in 1986 have thus far
demonstrated that democracy still exists in the Kenyan trade
union movement. Some recent campaign practices, however,
(such as excluding certain members from running for office)
prompted the Minister of Labor to urge unions to overhaul
their constitutions to permit freer expression of dissenting
views .

Complex labor legislation renders strikes virtually illegal.
Strikes are permitted only if the Ministry of Labor has not
taken action towt.d resolution within 21 days after the formal
declaration of a dispute. Wildcat strikes of 1 or 2 days are
quite common. Most union disputes are settled by the parties
involved, although Kenya's dispute resolution mechanism, the
Industrial Relations Court, has a well-earned reputation for
fairness and impartiality. All union contracts in Kenya are
subject to Government guidelines which limit salary increases.
Seme unions that have been unable to get the total allowable
increase through collective bargaining have had success,
however, in obtaining the maximum salary increase through
litigation in the Industrial Court. Some unions have also
gained additional workers benefits, such as expanded health
insurance coverage and increased housing allowances. All
collective agreements must be approved by the Industrial
Court, which has become the model for several other industrial
courts in Africa.

A few professional organizations such as the Law Society of
Kenya have been formed.

c. Freedom of Religion

A wide range of religious groups exists in Kenya, and freedom
of worship is protected by the Constitution. The Government,
however, in 1986 criticized church leaders for alleged meddling
in politics, notably the queueing question, and refused to
register religious groups which it believes may pursue
activities harmful to Kenyan society. Nevertheless, foreign
missionaries are permitted to enter and work in Kenya, and
there is no specific religious requirement for holding
political office. The Church of Jesus Christ of Latter-day
Saints has tried without success to obtain registration for
the past 4 years. The Government, however, has not interfered
with Mormon meetings, nor has it registered any other church
during this period.

In 1986 the Government and some church leaders disagreed over
the proposed new voting procedure to require voters to express
their preferences by physically queueing behind their chosen
candidates instead of using the ballot box. Many of the most
respected church leaders publicly expressed the view that the
proposed voting shift represents a further decline in the
democratic systems of the country. Subsequently, the
Government announced that church leaders (and others in certain
specified positions) would be exempted from the proposed

151

KENYA

queueing requirement. Church leaders continue to oppose the
proposed law.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travel within Kenya is restricted only by certain provisions
of the Preservation of Public Security Act, which limits
movement of persons considered dangerous to public security.
These provisions are rarely invoked. Following the 1982 coup
attempt, the Government expanded the controls over travel
abroad. Although Kenya does not officially prohibit emigration
of its nationals, in some cases the Government has seized the
passports of controversial Kenyans.

Kenya continues to accept refugees, despite the country's high
rate of unemployment. In 1986 Kenya accepted over 8,000
documented refugees, most of whom were from Uganda, Ethiopia,
and Rwanda. An estimated 20,000 more persons have taken refuge
in Kenya unofficially. Unrest in Uganda has prompted many
Ugandans to enter Kenya illegally, and the Kenyan Government
has begun to tighten security in order to limit their numbers.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

President Moi and a small group of advisors control all major
policy decisions in the Government and the party. Within the
one-party system, a wide range of candidates competes for
party and National Assembly positions. In the most recent
general election (1983), up to 15 candidates contested a
single parliamentary seat. In that same election, 35 percent
of parliamentary incumbents were voted out of office,
including 5 ministers and 18 assistant ministers. Some
critics see the proposed queueing system as a means to tighten
party control over the electoral process.

In Kenya's post independence history, neither the President nor
the Vice President has faced an opposing candidate. The
Government encourages but does not coerce the electorate to
vote. Members of all ethnic groups are permitted to run for
office, and President Moi has broadened ethnic representation
in the Government and party. Persons from 12 different ethnic
groups hold cabinet portfolios. Sixteen groups, including
Europeans, are represented among the 43 assistant ministers in
the Government. Three women hold seats in the National
Assembly. More than 20 female candidates were elected to
municipal office in 1983. The range of allowable discussion
on domestic issues in the National Assembly is fairly broad,
although there is no criticism of the President or any of his
policies .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is sensitive to criticism regarding human
rights in the country. Various groups, including Amnesty
International, have appealed to the Government to abandon its
use of formal detention without charge. President Moi has
publicly criticized Amnesty International and other outside
groups for meddling in Kenyan politics. There are several
Kenyan organizations which address certain issues related to
human rights, but none which focuses exclusively on human

66-986 0-87-6

152

KENYA

rights in Kenya. Kenya has not ratified the Organization of
African Unity's Human Rights Charter adopted at that
organization's 1981 summit in Nairobi.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Kenya is a diverse country that does not practice legal
discrimination on the basis of race, sex, religion, language,
or social status. Despite recent gains by women in many
fields, and the emergence of influential women in Parliament,
Government ministries, and the professions, they remain
underrepresented in educational institutions, government, and
business. This is not a matter of policy, but rather the
product of a traditional culture that has long prescribed very
limited roles for women. Women are a crucial factor in Kenyan
labor and provide about three-quarters of Kenyan farm labor.
Female farm labor is likely to maintain its prominent position
because of the continuing migration of men to cities in search
of higher-paying jobs. In the modern sector, women earn less
than men for comparable work. Many Kenyan ethnic groups still
practice female circumcision, although the Government has
mounted a major effort to eliminate the practice and forbids
such operations to be conducted in Government facilities.

Kenya's Asian community, which numbers about 65,000, accounts
for approximately one-quarter of the country's total economic
output. Kenya's Africanization campaign has resulted in some
Asian emigration, and many Asians are concerned about the
long-term implications of the policy. Kenya amended its
citizenship law in 1984, depriving many Asians and Europeans
of Kenyan citizenship. Under the present law, people born in
Kenya of non-Kenyan parents can no longer claim Kenyan
citizenship.

CONDITIONS OF LABOR

Kenya's population of approximately 21 million is projected to
double early in the 21st century. Urbanization continues to
accelerate rapidly, but approximately 80 percent of Kenyans
still live in rural areas, and most are employed in subsistence
or semisubsistence agriculture. Of approximately 1 million
persons who work in the wage economy, approximately 50 percent
are government employees.

The legal minimum age for employment in Kenya is 16, but the
law, which is reviewed periodically by the Government, is
virtually unenforceable, and many children begin work at an
earlier age. Kenya has adequate legislation to provide
acceptable and safe conditions for workers, including
occupational safety and health, but the Government is unable
to enforce compliance. The maximum legally allowable work
week in Kenya is 52 hours. A minimum wage is established.

153

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJfJTRY: KENYA

1984

1985

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

SEPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

pp. ASSIST.) ..,
R PEACE

OTAL

fi $-LOANS

FOR. CURR

TOTAL

.EC.OEV 3 WFP,

EF AGENCY

CON. ASSIST...

C£ CORPS,
COTICS...
ER

II. MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

B. CREDIT FINANCING..
:.INTL MIL.EO.TR><G..
D.TRAN-EXCESS STOCK,
c. OTHER GRANTS

III. TOTAL cCON. 8 MIL,

LOANS

GRANTS ,

71.8

76.9

46.5

30.2

9.5

1.7

41.6

67.4

44.8

53.3

39.8

42.7

25.4

0.0

1.7

27.9

39.8

41.0

21.0

25.0

14.4

13.6

32.6

0.0

4.8

9.5

0.0

8.8

23.1

0.0

4.8

'.5

0.0

4.8

9.5

0.0

8.8

23.1

0.0

5.6

17.4

0.0

3.2

5.7

0.0

4.9

4.5

3.8

0.0

4.9

4.5

3.8

4.9

4.5

3.8

0.0

23.6

21.7

20.6

10.0

0.0

13.6

21.7

20.6

12.0

20.0

19.1

10.0

0.0

1.6

1.7

1.5

0.0

D.O

0.0

95.4

98.6

67.1

40.2

9.5

1.7

55.2

89.1

65.4

OTHER US LOANS 0.0

0.0 0.0

c<-IM BANK LOANS 0.0

ALL OTHER 0.0

D.O 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL ,

303.5

76.4

93.5

2425.4

laUD

145.0

32.6

0.0

1194.6

IFC

47.2

12.4

1.5

129.5

IDA

64.5

6.0

75.0

775.2

103

0.0

q.o

A03

0.0

AFD3

41.3

15.3

0.0

132.9

UNOP

5.5

3.7

0.0

71.8

OHER-UN

0.0

6.4

0.0

23.5

EEC

0.0

22.0

97.9

154

LESOTHO

On January 20, 1986 the regime of Prime Minister Leabua
Jonathan, in power since independence, was ousted by the
Lesotho Paramilitary Force (LPF). The coup leaders established
a Military Council, abolished the post of Prime Minister, and
formally conferred all legislative and executive power on
Moshoeshoe II, the previously powerless King of Lesotho. The
military leaders and the King rule by decree but appointed a
mix of civilians and military officers to a restructured
Council of Ministers to administer the day-to-day operations
of the new Government. The new regime banned "political
activity" for an unspecified period.

The reasons for the military takeover, led by Major General
J.M. Lekhanya, were complex but were rooted in the fact that
the Jonathan regime, which itself had illegally seized power
in 1970 after adverse electoral results, had alienated not
only key Basotho power elements but also the general
population. In addition, the South Africans had virtually
closed the land borders because of concerns over African
National Congress (ANC) cross-border operations and were
publicly threatening more direct action if the Jonathan
Government did not root out ANC presence in Lesotho.

A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on South Africa for trade,
finance, and employment. About half of the male labor force is
employed in South African mines, and remittances from workers
($250-$300 million annually) are of key importance in the
economy, especially in financing imports.

The new Government adopted a policy of national reconciliation
upon its assumption of power and did not engage in harsh
reprisals against members of the former Government. It called
for the return of Basotho nationals who had exiled themselves
for political or economic reasons in the past, although Ntsu
Mokhehle, the exiled leader of the Basotho Congress Party and
the outlawed Lesotho Liberation Army (LLA) rejected the
government's general amnesty. In 1986 there was a vast
improvement in personal security with the disarming of
nonpolice and nonmilitary personnel undertaken after the coup.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There have been three incidents since December 1985 which
involved political killings. In early December 1985, three
citizens of Lesotho and six South African exiles were killed in
a nighttime raid in Maseru by unidentified assailants.
Reportedly, the perpetrators of these killings were assassins
operating against suspected ANC members and/or sympathizers.
In March 1986, two senior officers of the Royal Lesotho
Defense Force (formerly Lesotho Paramilitary Force), awaiting
trial on charges stemming from events surrounding the January
1986 coup, died mysteriously while in prison. Despite many
rumors, there has not been a credible explanation for these
killings. The authorities claimed that both men died of
natural causes, but the results of the autopsies and of
further investigations were never publicized.

155

LESOTHO

Former Minister of Information Desmond Sixishe and former
Minister of Foreign Affairs Vincent Makhele, along with their
wives, were abducted from the home of Mrs. Sixishe 's sister on
November 15, 1986, taken to a mountain road, and murdered.
The two former ministers were among the principal radicals in
the Jonathan cabinet. The police investigation into the crime
was continuing at the end of 1986 amidst much public
speculation as to perpetrators and motives, e.g., the settling
of old scores by Basotho or the possibility of action by an
LLA or a South African assassination team. Some observers
speculated on possible Military Council involvement or
complicity in the crime.

b. Disappearance

The reports of known disappearances during 1986 concerned
several refugees from South Africa who reportedly were lured,
or perhaps kidnaped, by elements operating from South Africa
and reportedly taken across the border into the Republic of
South Africa. There have been no credible reports of
disappearances of Basotho nationals.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The advent of the new military Government resulted in a
decrease in the number of allegations of improper police and
military conduct. While it is probable that some beatings and
harsh interrogations, particularly of criminal suspects,
continued to take place, the new Government does not condone
torture or other forms of cruel or harsh treatment by police
or military authorities. Incidents of police abuses that do
occur are believed to be the result of overzealousness at
lower levels and lack of proper supervision.

d. Arbitrary Arrest, Detention, or Exile

Since the January coup, the treatment of civilian and military
personnel associated with the Jonathan regime has generally
been good. There were several periods of interrogation of
some former ministers, but there were no instances of
politically motivated arrest and/or prolonged jail detention
or evidence of intent to take severe retributive action against
members of the former government or their supporters. In
response to continued public statements and alleged "plotting"
in August, the military Government restricted the movement of
several former ministers, including Jonathan, to their
immediate home areas.

Well established procedures remain in effect under the new
Government for normal civil and criminal cases, including the
right of a detainee to an early determination as to the
legality of the detention. However, in political cases, the
Internal Security (General) Act of 1982 applies. This Act
provides for preventive detention without charge or trial for
up to 42 days and for holding detainees incommunicado for part
of that time. During the second stage of the detention,
ministerially appointed "advisors" — thus far, such advisers
have been employees of the Government — report on the health of
the detainee, investigate whether the detainee has been
involved in subversive activities, and advise the Minister on
the need for continued detention. Detainees may make
representations on their own treatment only through the
advisors. The Internal Security (General) Act, as amended

156

LESOTHO

in 1984, disallows bail in cases of arqied robbery and allows
for detention of witnesses in security cases.

Knowledgeable observers report that they know of no persons in
custody as a result of alleged political activities under the
new regime. A credible government official denies that the
practice of political detention exists.

There is no forced labor practiced in Lesotho.

e. Denial of Fair Public Trial

The new military regime did not institute legal proceedings
against Jonathan or other members of his regime for political
or other crimes. From time to time senior government
spokesmen raised the possibility of trials for individual
politicians of the Jonathan era who may have committed common
crimes, as opposed to political acts unacceptable to the new
Government. The only persons incarcerated and subjected to
either the threat of trial or actual court action were a small
number of soldiers from the Lesotho Paramilitary Force who, in
effect, mutinied against the Force command structure just
prior to the January 20 coup. As noted in l.a., two of those
persons died mysteriously while in custody. Court martial
proceedings were reportedly instituted against several others
in early November.

The judiciary in Lesotho remains independent under the new
Government. The courts have acted to limit infringements of
law and procedure on numerous occasions in past years. Court
decisions and rulings are respected by the authorities.
Accused persons have the right to counsel. Under the system
of Roman-Dutch law applied in Lesotho, there is no trial by
jury. The judiciary consists of a Court of Appeal, the High
Court, magistrate courts, and customary or traditional courts
which exist largely in rural areas to administer customary
tribal laws.

The new regime is attempting to increase familiarity with the
law and its protection of individual rights through the
established educational system. The King's "Practical Law in
Lesotho" project, which is backed by the Ministers of Law and
Education as well as by the judiciary, is intended to
introduce a layman's course on these subjects into the Lesotho
high school curriculum.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

These rights are generally respected in Lesotho, although
under the Internal Security Act the police have wide powers to
stop and search and to enter homes or other places for a
similar purpose without a warrant. During the Jonathan
regime, there were credible allegations of forced entry by
authorities into the home. There were no such reports in 1986.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Human Rights Act of 1983 provides for freedom of expression
but subordinates this freedom to the protection of national
security. Early in 1986, a formal ban on "politics" was
announced. Although there has been little or no elaboration
of the limits of that ban, it has been interpreted in practice

157

LESOTHO

by the public as prohibiting formal political party activity,
including prohibiting persons from making political speeches
or publishing or distributing political party materials. Thus
under the new Government, public freedom of speech in the
political arena is tightly restricted. In private, however,
the Basotho tend to openly criticize the Government and the
political system.

Opposition viewpoints are expressed freely in two Sesotho-
language weekly newspapers published by the Roman Catholic
Church and the Evangelical Church respectively, the only
privately owned newspapers in the country. During the Jonathan
regime, this criticism was tolerated but was attacked strongly
by Lesotho's sole (and governinent-owned) radio station and also
by the government-published weekly newspaper, Lesotho Today.
The former Government also rebutted reporting and editorials
on Lesotho in the South African media, which is widely followed
in Lesotho. The new Government has adopted policies which have
not exposed it to much adverse comment from the South African
media .

The new Government still exerts control over the official
media, (one radio station and a weekly newspaper) but did not
resort to use of this media in 1986 to attack its critics. In
fact, apart from a few editorials and comments in the church
papers, mainly pressing the military Government to continue
its effort to bring back into the political life of the
country Ntsu Mokhehle and his Lesotho Liberation Army, there
has been remarkably little criticism from any quarter. This
lack of criticism was due in part to the military Government's
popularity in 1986, in contrast to that of its predecessor.

b. Freedom of Peaceful Assembly and Association

The military Government's ban on "politics" has not been
interpreted to require the dissolution of existing political
parties, but it precludes political meetings and rallies.
Nonpolitical organizations and professional groups continue to
exist and hold their regular meetings.

Numerous individuals within the society meet privately to
discuss politics and may be working out future strategies for
their activities as members of political parties when the
current ban is ultimately lifted. The military Government
takes a relaxed view of this situation and has made no attempt
to inhibit such political discussion and advance planning.

All trade unions in Lesotho enjoy the right to organize,
bargain collectively, and strike. However, trade unionism has
played a relatively minor role in society, largely because of
the small size of the modern manufacturing, retail, and service
sectors. In 1984 the Government intervened to urge the
formation of a single trade union confederation after
negotiations for the merger of the two existing confederations
broke down. Although some opposition to the new confederation
lingers, 24 of Lesotho's 28 trade unions participated in the
Lesotho Congress of Free Trade Unions' (LCFTU) first convention
in May 1985 and elected the existing leadership to a 3-year
term. The LCFTU redrafted Lesotho's badly outdated labor laws,
and agreement to the new draft by the Employers Federation is
expected in 1987.

Union, government, and employer representatives have
participated in delegations to meetings of the International
Labor Organization and other foreign trade union organizations.

158

LESOTHO

Lesotho has hosted meetings of the labor arm of the Southern
African Development Coordination Conference, as well as
meetings of the International Mineworkers . The LCFTU is a
member of the democratically oriented International
Confederation of Free Trade Unions, as well as of the
Organization of African Trade Union Unity.

c. Freedom of Religion

There is no state religion in Lesotho. Free and open religious
practice is permitted. Christianity is the dominant faith of
the majority of Basotho, with the principal denomination being
Roman Catholic. There is a significant Protestant minority as
well, which is composed of the Lesotho Evangelical Church
(Presbyterian), the Anglican Church, and a number of other
smaller denominations. Conversion is permitted, and there is
no indication that there is any social or political benefit
attached to belonging to any particular sect.

A number of church groups praised the new Government's call
for national reconciliation, and some groups were outspoken in
asking the Government to redouble its efforts to reintegrate
Ntsu Mokhehle and his exiled LLA into the country's political
life. The previous Government was critical of church groups
and leaders, accusing them of conspiring with opposition
political factions which supported violence. Occasionally,
Jonathan's forces harassed prayer meetings calling for
national reconciliation.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

As one of its first major acts, the new Government declared a
general amnesty for all Basotho in exile, which was
specifically aimed at Ntsu Mokhehle, exile leader of the
Basotho Congress Party (BCP), and his followers. The
Government maintains that they are free to return without fear
of retaliation for past activities. However, Mokhehle's
attitude indicated that he wishes to return only if he can be
guaranteed a leading, if not the leading, position in the
existing Government.

According to the Lesotho Christian Council of Churches, more
than 500 Basotho who were resident primarily in Botswana and
South Africa, including BCP/LLA members, have returned to
Lesotho. Their reception has been positive, despite financial
difficulties, since the Government has limited funds available
to assist in the repatriation process.

Concerning refugees from South Africa, the Government wishes
to reduce tensions with South Africa and at the same time has
declared its intent to honor past commitments to receive all
refugees who cross into Lesotho seeking asylum. Accordingly,
the Government arranges movement of all refugees into amenable
third countries, primarily Zambia, Tanzania, and Kenya, as
soon as possible after they are formally registered as
refugees. To prevent ANC armed acts against South Africa from
Lesotho territory, the Government announced in midyear that
all foreign nationals who enter or who previously had entered
Lesotho improperly must register as refugees or they would be
subject to repatriation to the country from which they came.
By the time this policy was announced, many ANC and other
activists had already departed Lesotho.

159

LESOTHO

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The military Government which assumed power in January 1986
announced that it intends to remain in place until the process
of national reconciliation has been effected. No terminal
date for this process has been announced, nor has any tentative
schedule been set for return to civilian rule, elections, or
constitutional revision. Thus, the Basotho people currently
do not have the freedom to replace the existing Gcverrxm,ent ,
but, after 16 years of authoritarian rule by the Jonathan
regime, the initial popular reception of the new Government
was generally positive, especially its goal of national
reconciliation.

The Government initiated one political institution-building
step in 1986 that may ultimately lead to a tiered system of
indirectly elected representative organs. At the end of the
year, each village in Lesotho was in the process of
establishing a Village Development Committee, with members of
the Committee initially selected by village consensus. The
objectives of these Village Committees were not clear but
seemed aimed at determining the line of economic development
the village should pursue, seeking funds for individual
development projects, and then implementing them. The
Government also began preliminary planning for regional and
ward development committees as the next steps in developing
political bridges between the villages of the country and the
national Government. King Moshoeshoe, in a speech to the
nation December 24, called the committees "town councils" and
said he viewed them as "the beginning of a road to a national
assembly of the future."

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The human rights situation in 1986 has drawn no known interest
on the part of international human rights organizations. There
is no reason to believe that the new Government would be
unwilling to discuss human rights issues with outside
organizations .

In past years, representatives of Amnesty International have
visited Lesotho to investigate human rights conditions and
have been provided access to some security detainees who
complained of abusive treatment. In general, the Jonathan
Government attributed alleged human rights violations to an
excess of zeal or indiscipline by low-level police or military
officials, stated that such violations were not sanctioned by
Government policy, and pointed to the judicial remedies
available in the courts.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Basotho nation is one of the rare national entities on the
African continent without a minority problem. All citizens
are basically of Basotho stock or have married into the Basotho
tribal grouping. The expatriate communities are small and not
considered to be a major factor in the country's political
life. Exiles from South Africa have from tim.e to time
encountered some discrimination, since these exiles are often
viewed as magnets for real or fancied South African political
or armed intervention.

160

LESOTHO

All Basotho have fairly equal opportunities, although in the
areas of property and contracts married women's rights are
limited by law and custom. For example, a married woman
cannot apply for a loan without her husband's written consent.
Women in Lesotho have traditionally been the stabilizing force
in the home and in the agricultural sector, given the absence
of over 100,000 Basotho men who work in South Africa. There
are more female than male children who complete primary and
secondary schools. Better use of women's talents and abilities
will depend on their access to credit, changes in land tenure
laws, and cultural practices. The new Government has not yet
addressed the issue of women's rights.

CONDITIONS OF LABOR

Roughly, 90 percent of the labor force in Lesotho is employed
in traditional agriculture. The prospect of better paying
jobs has attracted more than half of Lesotho's male labor
force to the Republic of South Africa. Most of the migrant
laborers work in South Africa's gold and coal mines.

Lesotho's Employment Act of 1967 spells out basic workers'
rights, including a 45-hour workweek, a weekly rest period of
at least 24 hours, 12 days' paid leave per year, and pay for
public holidays. Employers are required to provide adequate
light, ventilation, and sanitary facilities for employees and
to install and maintain machinery to minimize the risk of
injury. Children under 14 years of age are prohibited from
employment in other than family businesses. Children under 16
are not allowed to work in excess of 8 hours a day, and
employers are prohibited from employing any child in hazardous
conditions. The Government sets minimum wages for various
types of work. In practice, these regulations are generally
followed within the wage-scale economy.

161

U. S.0VERSE4S

•LOANS aNO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: LESOTHO

1984

1985

1986

I.cCON. ASSIST. -TOTAL..,

LOANS

GRANTS

A. AID

LOANS ,

GRANTS

(SEC. SUPP. ASSIST.) ...

B.FOOO FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. lU t-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC.OEV % WFP,

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS ,

B. CREDIT FINANCING.,
C.INTL MIL. ED. TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. i MIL.

LOANS

GRANTS

22.2

20.2

11.5

0.3

0.0

22.2

20.2

11.5

10.0

10.8

10.0

0.0

10. a

1D.8

10.0

0.0

10.7

8.0

0.0

3.0

0.0

10.7

8.0

0.0

10.7

3.0

0.0

4.6

2.7

0.0

S.I

5.3

0.0

1.5

1.4

1.5

0.0

1.5

1.4

1.5

1.4

1.5

0.0

O.D

3.0

0.0

3.0

0.0

3.0

0.0

3.0

22.2

20.2

11.5

0.0

22.2

20.2

11.5

OTHER US LOANS. ..,
EX-IM BANK LOANS,
ALL OTHER

0.0
0.3
0.0

0.0

0.0
3.0

0.0
0.0
3.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

32.7

51.2

0.0

233.7

IBRD

0.0

43.0

0.0

if:

0.0

0.3

IDA

15.2

13.5

0.0

98.9

103

0.0

a.o

A03

0.0

afdb

16.6

36.1

0.0

105.3

UNDP

0.9

1.6

0.0

25.9

OTHER-UN

0.0

3.3

E=:

0.0

o:o

0.0

162

LIBERIA

Liberia is in a transition from military to civilian rule.
Legally, the process is nearly complete. The Second Republic
of Liberia came into being on January 6, when the new
Constitution became effective. Samuel K. Doe, previously head
of the military government which came to power in a 1980 coup,
remains in the executive mansion as President and head of the
National Democratic Party of Liberia (NDPL), the ruling
political party. The legislature, consisting of a House and
Senate along American lines, and the Supreme Court and lower
courts are in place and functioning. Elections to complete
the civilianization process in municipal and county offices
took place in late 1986 and were scheduled to continue in
early 1987.

Politically, however, Liberia has not overcome the controversy
and uncertainty caused by events which occurred during the
transition. The 1980 coup and the interim 5 years of military
rule also have witnessed an unprecedented degree of political
violence. This violence included public executions of former
government officials, widespread political thuggery, and an
aborted coup attempt by exile dissidents in 1985. While
Liberia is no longer ruled by a military government, the army,
whose enlisted members are generally poorly educated and
inclined toward petty extortion, continues to provide the major
support for the current administration. There is also a new
element of tribalism, with President Doe's small Krahn tribe
dominating a new elite in somewhat the same way the Americo-
Liberians he and his enlisted colleagues overthrew in 1980
dominated Liberia for 140 years. Domestic tension heightened
in late 1985, when October elections — in which Doe's NDPL ' s
claim of a narrow victory was widely believed to have been
fabricated — were followed a month later by a coup attempt
launched from neighboring Sierra Leone by exile dissidents.
The bloody coup attempt, followed by harsh government
reprisals, reintroduced political violence on a scale similar
to the 1980 coup and left bitter memories on all sides to be
overcome .

Suspicions remain on both sides. Intimidation has not been
eliminated, sometimes occurring by unruly government
followers, and Liber ians have valid reason to be concerned
about the prospect of undisciplined military forces and
coercive political measures. During most of 1986, government
restrictions fell heavily on opposition parties, particularly
in the aftermath of the abortive November 1985 coup.
Opposition meetings were prohibited or broken up, and the
supporters harassed. Their efforts to form a "grand coalition"
of opposition parties were blocked by the Government's
contention that such a coalition was patently illegal, and
their leaders consequently faced contempt proceedings which
resulted in a judge incarcerating three of them in Liberia's
maximum security prison.

Liberia's mixed economy suffered a significant decline in 1986,
with foreign exchange shortages and continued government
mismanagement accelerating an economic decline. The lack of
government fiscal discipline and serious mismanagement are the
most important factors in the current economic difficulties,
exacerbated by large foreign debts, weak export markets, and
widespread misuse of government funds. The Government has
conducted a fairly comprehensive analysis of the problem and
formulated an economic recovery program, but its implementation
is seriously flawed.

163

LIBERIA

During 1986 Liberian society struggled to recover from the
events of late 1985, and, by the end of the year, political
conditions had improved substantially. There were efforts at
national reconciliation negotiations between the Government
and opposition leaders, all political prisoners were released,
no newspapers were banned (although three different papers
were the target of various government actions and there is
considerable self-censorship), the legislature was beginning
to assert its constitutional prerogatives, and travel rights
had been restored to former detainees. While the December
legislative byelections and municipal elections appeared fair,
the only opposition party participating in those elections
withdrew 3 days before the voting. Administrative
arrangements were faulty, but there were no serious
allegations of organized or widespread fraud. There was no
evidence of politically motivated killings or disappearances
during 1986, and the extent of political violence and
intimidation decreased steadily.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were substantial numbers of killings during 1985, some
connected with the attempted November 1985 coup and many more
with subsequent reprisals. Reports of these violent reprisals
in late 1985 continued to emerge during early 1986. There was,
however, no evidence of political killings occurring during
1986.

b. Disappearance

As was the case with political killings, reports of
disappearances associated with the 1985 coup attempt
occasionally surfaced later. There was no evidence of official
complicity in disappearances during 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The new Constitution, implemented on January 6, 1986, states
that no person charged, detained, or otherwise held in
confinement shall be subject to torture or inhuman treatment.
Beating and abuse of prisoners — both criminal and political — is
fairly common. While there is no evidence that these beatings
have official sanction, there have been no evident government
efforts to halt them. There have been instances of government
soldiers abusing opposition party officials. Two members of
an opposition political party were beaten severely by executive
mansion bodyguards prior to a planned political rally. After
they were released from the hospital, they were brought to
court to answer charges of holding a rally without a permit.
In another case, soldiers took two opposition party officials
to a military barracks where they said they were tortured and
beaten. The officials said the soldiers tried to force them
to make statements against the leadership of their party,
which they refused to do. They were released and hospitalized.
Soldiers have also been involved in beatings and abuse of
nonpolitical civilians. Soldiers reportedly flogged eight high
school students for allegedly stealing $1,000.

164

LIBERIA

Prison conditions are bad. Cells are often small, over-
crowded, and without windows or ventilation. Food, exercise
opportunities, and sanitation facilities are usually
inadequate. An opposition leader complained that she and
other prisoners in her group were not fed the first 3 days of
their incarceration, probably due to inept prison management.
Allegations of abuse and degrading treatment within the prison
system are widespread. The maximum security prison at Belle
Yella is notorious for its harsh regimen, including hard labor
and especially poor living conditions.

d. Arbitrary Arrest, Detention, or Exile

The Constitution guarantees due process of law. Though police
must have a warrant for arrests and persons must be charged or
released within 48 hours, in practice these constitutional
guarantees in 1986 were often ignored in political cases.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his or her own lawyer, the court is required to provide legal
services. There was only one case in 1986 which involved a
court-appointed attorney. Monrovia has an abundance of
attorneys who regularly handle civil and criminal cases, often
without payment.

As many as several hundred persons, detained in the aftermath
of the November 12, 1985, coup attempt, were detained without
charge or any judicial review of their detention for several
months into 1986. All were released in June. One prominent
opposition party leader, arrested shortly after the attempted
coup in November 1985, still had not been brought to trial
6 months later. There were allegations that the grand jury
wanted to dismiss the case for lack of evidence, and an
indictment was brought in her case only after some members of
the grand jury were arbitrarily replaced. When finally
indicted in April, the indictment itself did not conform to
minimum international legal standards since the charges
included such acts as "overtly embracing" an alleged coup
plotter. The preliminary trial proceedings were under way on
June 6 when President Doe announced a general amnesty for all
those involved in the November 12, 1985, coup attempt. In
another case, an opposition leader, arrested and charged with
sedition, was denied access to counsel for 4 days. Six
members of the Liberian Border Police were held for nearly 7
months in detention before they were formally charged with
treason. They were also released in the June 6 amnesty.

Some miscarriages of justice appear due more to administrative
slip-ups than to malice. For example, the Monrovia city court
released several detainees, held for 2 to 3 months, from the
central prison because no writs of arrest could be found, and
there was insufficient evidence for their conviction.

The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government.

e. Denial of Fair Public Trial

Liberia's civilian court system is based on Anglo-American
jurisprudence. The Constitution guarantees fair public trials
and states that there shall be no interference with the
lawyer-client relationship. There are constitutional
guarantees for lawyers against government sanctions or
interference in the performance of legal services. Three
lawyers, active in human rights and political cases, were

165

LIBERIA

suspended from practice by the Supreme Court, one for 2 years
and the other two for 1 year each. They were suspended as a
result of what the court called "unethical and unprofessional
zeal" in defense of opposition politicians in the "grand
coalition" case. The legal system is often subject to
manipulation by the Government, but the opposition employs
technicalities to its own advantage as well. Reports of
financial or political pressure on lower courts are not
uncommon, but there is generally greater respect for Supreme
Court rulings.

In one of the most prominent cases of the year, the Supreme
Court charged four opposition leaders with contempt and ordered
each to pay a fine of $1,000 or go to jail. This was based on
a June 23 press statement in whi^.. the opposition parties
referred to themselves officially as a "grand coalition" in
violation of an earlier ruling declaring the "grand coalition"
an illegal entity since it had not undergone the proper
registration procedures. One of the opposition leaders paid
the fine and was released, three others refused and were taken
to the Monrovia central prison. They were subsequently
transferred to Belle Yella, a maximum security prison in Lofa
County, for what the Government said were security reasons,
but the transfer was contrary to the writ of arrest and
constitutional guarantees against detainees being incarcerated
among convicted prisoners.

The wives of the three jailed opposition leaders submitted a
writ of habeas corpus to a Monrovia court to challenge the
legality of their husbands' detention. The judge denied the
writ on the grounds that he had no authority in Supreme Court
cases. Their fines were later paid, and they were released.

There are credible reports that the Government pressures
judges in political cases. The presiding judge in the
well-publicized treason trial of alleged coup participants was
accused of bias for his handling of the case. There were
credible reports that partisans from both the prosecution and
the defense attempted to bribe the jury. Reportedly, the judge
attempted to intimidate the jury when it failed to render a
guilty verdict. Court proceedings came to a standstill when
the judge left the city after reading the verdict privately
and did not return until ordered to do so by his superiors.
He ordered a retrial, but the defendants were released on
June 6 under the general amnesty before the case could be
retried. The Liberian National Bar Association submitted a
petition calling for the judge's impeachment as a result of
his actions during the trial.

Traditional courts, presided over by tribal chiefs, are not
bound by common law or conventional judicial principles but
apply customary and unwritten law to domestic and land
disputes as well as petty crimes. These decisions may be
reviewed in the statutory court system or appealed to a
hierarchy of chiefs; administrative review by the Internal
Affairs Ministry and, in some cases, a final review by the
Head of State may follow. Allegations of corruption and
incompetence in the traditional courts are common.

There are currently no known political prisoners in Liberia.
In addition to the June 6 general amnesty. President Doe in
September granted clemency to two military officers detained
because of alleged involvement in an April 1985 assassination
attempt .

166

LIBERIA

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution guarantees the rights of individuals against
interference with privacy of person, family, home, or
correspondence except by court order .

For the most part, Liberians are free of invasion of privacy
or state interference in their lives. However, despite
significant improvement since the immediate post-1980 coup
period, military indiscipline remains a problem reflecting a
general lack of professionalism in the armed forces. This
surfaces in random instances of harassment of the civilian
population, such as vehicle searches, shakedowns, or arbitrary
interrogations. In some instances, persons are compelled to
undergo further questioning at police or military headquarters.
Members of the opposition complain frequently about
surveillance by government security officials. At one point
in 1986, several opposition leaders avoided sleeping in their
own homes, but this is no longer the case. In at least one
case, government agents maintained conspicuous surveillance of
one opposition personality and subjected her and her family to
blatant harassment, including threats of physical harm.
Opposition members often complain that their telephone calls
are monitored.

Thefts from the local mail have been reported, and there have
been instances of tampering with international mail. There is
no evidence that this is officially sanctioned.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The right to freedom of expression is guaranteed by the
Constitution and includes freedom of speech and of the press.
The Constitution also stipulates that persons are held "fully
responsible for the abuse thereof." Decree 88a, passed by the
military Government in 1984, declares the spread of "rumors,
lies, and disinformation" a felony. During its 1986 session,
the Senate voted to repeal Decree 88a, but the House of
Representatives did not, and it remains in force.

There were five daily newspapers being published in Monrovia at
the end of 1986, only one of which is government controlled.
Among the independent papers, there is considerable open
sympathy toward opposition viewpoints.

At the opening of the rural radio system. President Doe issued
a warning to journalists, stating that "any journalist caught
disrupting the peace and stability of the nation will be dealt
with under the law and will be barred from practicing
journalism." In August the Information Minister asserted that
some journalists were in the pay of the opposition and that
those who abused their constitutional guarantees would be
subject to the penalties of the law. He also warned foreign
journalists that anyone provoking disunity would be deported.

Such warnings and administratively imposed fines resulted in a
certain degree of self-censorship. In April one independent
daily newspaper was fined $200 by a senate committee for
failure to credit the official news agency with a certain
statement about a student demonstration. In August the
Ministry of Information fined another daily newspaper $1,000
for incorrectly reporting the death of an imprisoned opposition

167

LIBERIA

leader. The newspaper refused to pay the fine, and the
newspaper's stance was sustained by the courts. The following
month, the Sun Times newspaper was fined $3,000 for reprinting
a resolution passed in July by a Liberian opposition group in
the United States which was highly critical of President Doe's
Government and called for imposition of economic sanctions
against Liberia until he was overthrown. The newspaper's
license was revoked when it did not pay the fine within the
prescribed period. The newspaper must pay the fine and
reregister before it can resume publication.

The independent Daily Observer, which had been banned in early
1985, reopened in August 1986. A mysterious fire in March in
its publisher's office prevented the paper from resuming
publication earlier. The publisher also received threats from
government officials. The editor of another independent
newspaper. Footprints, cited financial problems and a
government threat as reasons for his decision to cease
publication. In March President Doe lifted the ban on the
Press Union of Liberia. Practicing journalists are required
to be accredited by the Minister of Information, but
procedures procedures are lax and there are journalists,
including foreigners, without up-to-date accreditation.

The authority for government sanctions against independent
newspapers is based on Decree 46, which established the
Ministry of Information and gave it supervisory power over the
media. The spirit of Decree 46 appears to contradict the
guarantee of a free press contained in the Constitution
enacted January 6. However, the Supreme Court has not been
asked to rule on the matter.

There is no general prohibition against receiving foreign
publications, but the Government occasionally bans a
particular issue of a foreign periodical. The magazine West
Africa, which published articles critical of President Doe, is
still banned in Liberia.

The government-controlled Liberian Broadcast System runs one
radio and one television station which give priority to
government news. The Government's rural communication network
offers a combination of entertainment and development
information to otherwise isolated areas. Two religiously
affiliated, independent radio stations are in operation and
report critically on local events, though their news programs
have also been subjected to government scrutiny.

b. Freedom of Peaceful Assembly and Association

The right to peaceful assembly and association is guaranteed
in the Constitution. A 1975 law requires permits for public
marches and demonstrations. Government auditoriums and
schools are theoretically open for use by all parties.
However, there are frequent opposition complaints of unfair
treatment in practice. Permits for rallies and marches are
only selectively granted. When opposition meetings do take
place, participants have been subjected to intimidation and
harassment. Joint rallies and even organizational meetings of
the collective opposition are not allowed. An opposition
rally scheduled for March 21 was stopped by a writ of
prohibition issued by the Supreme Court. The Supreme Court
ruled that the rally was illegal because, among other reasons,
the group had not requested permission from the Ministry of
Justice in accordance with the 1975 law. In April another
rally in Monrovia ended in violence. The leaders of the

168

LIBERIA

opposition party and 37 supporters were arrested and charged
with not having a permit for the rally. The charges were
subsequently dropped.

In early August, three opposition parties wrote separate
letters to the Justice Ministry requesting permission for a
march on August 18. The Justice Minister warned that the
march was illegal on the grounds that the Supreme Court had
ruled that the three parties operating as one entity
constituted an illegal association. At the same time, an
organization of "concerned women" publicized plans for a
similar march on the same day to deliver a petition of
grievances to the Justice Ministry and then an identical
petition to the American Embassy. After warnings from the
Justice Ministry that such marches were illegal and
inflammatory, the women held a prayer service attended by the
"concerned women," as well as other opposition party members.
After the service, some demonstrators began walking toward the
Ministry, and the police used tear gas to disperse the crowds.
Three people — two "concerned women" and one journalist — were
briefly arrested.

The ruling NDPL party maintains a "task force," composed of
several hundred young men, mostly unemployed, which opposition
parties claim exists for the sole purpose of harassing and
intimidating political opponents. Confrontations between
party zealots — e.g., the ruling party's task force and
opposition bodyguards and some members — were frequent,
particularly early in 1986. The task force disrupted an
opposition rally outside Monrovia, beating participants. The
Government says it does not authorize such activities, and
33 task force members were arrested. In August other incidents
against opposition leaders led to the arrest of 12 task force
suspects. Early in January 1987 a number of task force leaders
were detained on misdemeanor writs issued by the Ministry of
Justice in connection with threats against government officals.

There is no formal policy within the Government or business
community requiring membership in the ruling NDPL. However,
many Liber ians believe that a prospective employee's chances
are substantially improved if he is an NDPL member. Continuing
to hold a government position is also allegedly easier if one
is an NDPL member. Most senior officials of the major
opposition parties who had been employed by the Government or
state-owned organizations lost those jobs.

In 1986 the House of Representatives voted to repeal the 1981
Decree 2a, which bans student political activity on campuses.
Although the Senate has not yet acted, and Decree 2a
technically remains in effect, the students have been involved
in political activities on campus without restrictions and with
the approval of the universities and the Government. Student
elections were held without incident at Cuttington University
in June and at the University of Liberia in October.

Workers have the right to form unions, organize, and bargain
collectively. Liberia has a national trade union
confederation, the Liberian Federation of Labor Unions (LFLU),
as well as several independent unions. Organized labor
represents only 20 percent of the workers in the monetary
sector of the economy. Approximately 70 percent of all
workers are engaged in subsistence agriculture and are not
affected by the union movement. Union organizing, collective
bargaining, and the internal operations of trade unions are
largely free from government interference. Decree 12 of the

169

LIBERIA

military Government outlawing strikes is still operative in
Liberia, but brief strikes have occurred despite this ban. In
two strike actions this year, the workers returned to work
after the Supreme Court issued an injunction against the
strike. Underlying the strike actions was the issue of union
recognition. In one case, the newly created labor court ruled
for management against the workers, who had struck to protest
management's refusal to recognize their union since they work
for state-owned corporations. The labor court ruled that the
strike would have led to chaos and would have robbed the
Government of much needed revenue. The other strike action is
currently awaiting a Supreme Court ruling and concerns a union
still in the process of accreditation.

The LFLU is a member of the Brussels-based International
Confederation of Free Trade Unions, as well as the continent-
wide Organization of African Trade Union Unity. In 1985 the
Liberian Government was cited by the International Labor
Organization (ILO) for violations of ILO Convention 87,
regarding freedom of association, because Liberian legislation
does not recognize the right of Liberians in the public
service or in government enterprises to unionize or the right
to strike. The Liberian Government, the unions, and employers
have jointly drafted a new labor code which eliminates the
objectionable legislation cited by the ILO, but the new labor
code has not yet been passed by the Senate. An ILO
representative visited Liberia in 1986 to promote the labor
code and encourage its passage.

c. Freedom of Religion

The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens. No religion has
preference over any other, and there is no established state
religion. Christianity, brought by 19th century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite. The majority of
the rural population continues to practice local religions.
Approximately 20 percent of the population is Muslim. The
Liberian Council of Churches, an organization comprised of
most of the Christian sects in Liberia, has earned the respect
of Liberian society and played a major role in the ongoing
reconciliation efforts between the Government and the
opposition parties held in mid-1986. During 1986 reports
surfaced of conflict between several Christian communities and
the traditional and secret male initiation society, Poro,
resulting in beatings of church members and damage to church
properties. The dispute revolved around Poro assertions that
Christian clergy were divulging Poro secrets in their campaign
to win converts. The Government sent officials to investigate
and subsecjuently convoked tribal leaders to Monrovia, but thus
far it has been unsuccessful in eliminating the problem.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees every person the right to move
freely throughout Liberia and to leave and enter Liberia at
any time. In practice, however, both domestic movement and
foreign travel sometimes are restricted. Police and military
check points were evident within Monrovia and throughout
Liberia, although less so as the year wore on. This has the
effect of impeding movement, especially after dark, when
police check private and public transportation. It is common

170

LIBERIA

for individual citizens to pay bribes at the checkpoints to
avoid being harassed.

Exit visas are required for departure and occasionally are
denied. A week after President Doe granted executive amnesty
to all persons accused of activities related to the November
1985 coup attempt, the Government imposed a foreign travel ban
on them, and a number of passports were confiscated. The ban
was lifted in late December. One opposition leader, under the
restrictions of the travel ban and denied an exit visa, fled
the country. Another opposition official, after having
received an exit visa, had her passport confiscated at the
airport, although it was later returned, and she was allowed
to leave. In midyear, while Monrovia teachers were on strike,
the president of the teachers' union was denied an exit visa
to take advantage of a United States Information Service
international visitor's grant. Opposition party figures on
occasion have been prevented from leaving Monrovia to travel
in the interior.

Refugees are not generally forced to return to the countries
from which they have fled.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political power remains concentrated in the hands of the
President and ruling party, the NDPL, which still rely to a
large degree on the military for control. The legislature is
dominated by the NDPL, and although the Government, if
determined, can get its way, consultations take place and the
legislature is beginning to assert itself. Liber ians have
long maintained at least a formal com.mitment to democracy and
the importance of law in society. In 1985 multiparty elections
took place, and legislative byelections and municipal elections
were held in late 1986. The 1985 elections were marred by
significant irregularities, but the 1986 elections were
apparently open and fair. Decree 88a, the courts, the
elections commission, and the police have been employed to
constrain opposition parties and leaders. Thus, in Liberia,
despite constitutional guarantees and universal suffrage,
representative democracy has not yet been achieved.

The new Constitution of the Second Republic prohibits the
creation of a one-party state. Free and fair elections by
secret ballot are guaranteed. The Constitution provides for
an elections commission to monitor all political activities in
the country. The elections law empowers the commission to
certify parties, conduct all elections, and count election
ballots. The five commission members are appointed by the
executive for life and currently are all ex-NDPL members.
Representatives of the opposition argue, therefore, that a
prerequisite for fair elections is the creation of a more
independent vote-counting mechanism.

The opposition accuses the elections commission of abusing its
powers under the Constitution and elections law to limit the
effectiveness of the opposition parties. They cite commission
threats to revoke the registration certificates of the three
opposition parties for continuing to act as a "grand coalition"
in violation of the Supreme Court ruling. President Doe also
has publicly and arbitrarily warned the opposition leaders not
to function as a single political entity.

171

LIBERIA

The first byelections were held in December. Six legislative
seats were contested, and the NDPL won all six. Three
opposition parties refused to participate. A fourth party,
the United Peoples Party (UPP), was unbanned in October. It
had proposed candidates in the by-elections but withdrew 3 days
before the elections. The UPP ' s complaints about election
procedures were largely met a week before polling day.
Independent candidates also participated and were elected, but
turnout was very low in these municipal elections and
byelections .

President Doe and the opposition parties (excluding the UPP)
held reconciliation talks under the auspices of the Liberian
Council of Churches in May and June. The talks broke down
over opposition demands for new general elections.
Reconciliation efforts under private auspices started again in
October. The Liberia People's Party (LPP) remains technically
banned. However, members of the LPP have affiliated themselves
with other groups, and the LPP as an organization has
virtually disappeared from the local scene.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government met with an official from the International
Committee of the Red Cross (ICRC) in February and allowed an
ICRC representative to meet privately with all political
prisoners in February. Foreign observers, including the
American Bar Association, Amnesty International, The Lawyers
Committee for Human Rights, The International Human Rights Law
Group, and The Fund for Free Expression were allowed to cover
the treason trial of James Holder, Robert Phillips, and
Anthony Marguee.

After press speculation about the health of the three
opposition leaders held temporarily at Belle Yella, the
Government permitted representatives of the independent press
and a film crew to fly to the prison to interview the
prisoners. The three prisoners appeared healthy and talked
freely.

A nonpartisan group of Liberians formed a human rights
organization in Monrovia called The National Alliance for
Peace and Human Rights. The Government did not cooperate in
its request for formal incorporation, but there has been no
attempt to prevent it from meeting.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
be citizens of Liberia. The Constitution also states that
only Liberian citizens can own land. Otherwise, there is no
officially sanctioned discrimination on the basis of race,
sex, religion, language, or social status.

President Doe's small Krahn tribe has a predominant role in
the new elite which has been established since the overthrow
of the Amer ico-Liberians in 1980. Members of the Krahn tribe
hold a disproportionate number of posts in the Government and
the military.

172

LIBERIA

The status of women varies depending on the region of the
country. In urban areas and along the seacoast, women can
inherit land and property. In rural areas where traditional
ties are strongest, a woman is normally considered the
property of her husband and his clan and is not usually
entitled to inherit from her husband. In newly urban areas,
many women are subject to both customary and statutory legal
systems. Female circumcision is widely practiced by those
Liberians following traditional religions. Women in Liberia
have held ministerial and ambassadorial positions and are
represented in the professions throughout the modern economy.
Women hold two cabinet posts and several national judicial
positions. There are two women in the national legislature,
one in the Senate and one in the House. The Ambassador to the
United States is a woman.

co^roITIONs of labor

Liberia's labor laws provide for minimum wages and health and
safety standards. The workweek is normally 40 hours.
Inspection is not rigorous, however. Employees are prohibited
from employing children under 16 years of age during school
hours. This is a difficult statute to enforce, especially
since many children are engaged in subsistence farming. Any
employee can file a grievance with a labor inspector. A labor
court was created in 1986 to address grievances of recognized
labor unions.

173

U.S-OVERSEAS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: LIBERIA

1934

1985

1936

I. ECON.
LO
GR
A. AIO
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOT AL.

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS

I-TOTAL

. I"J S-LOANS

IN FOR. CURR

II-TOTAL

lEF.cC.DEV 5 WFo.

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
:.INTL MIL.ED.TRNG. .
D.TRAN-EXCESS STOCK.
E. OTHER GRANTS

III. TOTAL ECOM.

LOANS

GRANTS....

MIL,

66.3

69.1

47.3

15.0

6.0

0.0

51.0

63.1

47.8

43.0

59.5

44.9

0.0

48.0

59.5

44.9

35.0

43.0

28.7

15.1

6.0

0.0

15.0

6.0

0.0

0.1

0.0

15.0

6.0

0.0

15.0

6.0

0.0

0.1

0.0

0.1

0.0

2.9

3.6

2.9

0.0

2.9

3.6

2.9

3.6

2.9

0.0

•0.0

0.0

12.8

13.2

5.7

0.0

12.8

13.2

5.7

12.0

4.3

0.0

0.8

1.2

0.9

0.0

78.8

82.3

53.5

15.0

6.0

0.0

63.8

76.3

53.5

OTHER US LOANS 0.0

0.0 0.0

EK-IM BAN< LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-36

TOTAL

93.6

11.4

8.5

431.7

I3RD

0.0

"0.0

156.0

IFC

0.2

0.0

8.5

9.2

IDA

18.1

7.6

0.0

114.5

1D3

0.0

'0.0

A03

0.0

AFD3

79.6

0.0

107.0

UNDP

0.7

0.3

0.0

26.6

OHER-UN

0.0

0..0

0.0

7.5

ee:

0.0

3.5

0.0

10.9

174

MADAGASCAR

Madagascar is governed by a President, a National Popular
Assembly, both elected by direct universal suffrage, and a
Supreme Revolutionary Council chosen by both the President and
the National Assembly. President Didier Ratsiraka has broad
constitutional powers, and his position is further
strengthened by the influential role played by his political
party, ARENA, which holds an overwhelming majority in the
National Popular Assembly. The President's role has evolved
in recent years into that of a power broker among various
competing interests. Elections are actively contested within
the controlled political framework sanctioned by the
Government. This framework permits political activity by only
the seven parties making up the National Front for the Defense
of the Revolution. However, the political orientation of the
seven parties ranges from moderate and pro-Western to
pro-Soviet. Vigorous debate in 1985-86 National Popular
Assembly sessions, negative votes by opposition parties, and
an unprecedented vote against a presidential proposal (to
establish a national business school) provide evidence that
the Assembly is becoming less of a "rubber stamp"
organization. The President chairs the Supreme Revolutionary
Council which is composed of political and regional leaders
and representatives of the military forces. The Council
approves basic policy and guidelines, convenes and adjourns
the National Assembly, and passes laws when the Assembly is
not sitting.

The Malagasy internal security system is composed of the urban
police force and the National Gendarmerie, which has
jurisdiction in the provinces. On occasion, the National
Peoples' Army has also been used for internal security
purposes .

The Malagasy Constitution adopted in 1975 made "socialism" the
State's political philosophy. This led to the nationalization
of a major portion of the economy. The private sector was
reduced to a secondary, albeit still important, role. The
economy subsequently deteriorated as production declined,
foreign debt rose, and unemployment grew, especially among the
youth (60 percent of the population is under age 25).
However, in recent years the Government instituted economic
reform measures, and agricultural production has increased.

Fundamental liberties and individual rights are guaranteed by
the Malagasy Constitution. However, several of these rights,
such as freedom of the press and freedom of assembly, are
restricted in practice. Rights such as the inviolability of
the home and due process, may also be disregarded in cases
involving state security. Fighting in recent years between
paramilitary and vigilante youth groups has led to a number of
deaths and considerable property destruction.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person Including
Freedom from:

a. Political Killing

There were recurring rumors of politically motivated
killings. In May 1986, the Minister of Defense, his Secretary
General, and the Director of the OMNIS (the military office of
strategic industries), were killed in a plane crash along with
eight other people. While there is no evidence that the plane

175

MADAGASCAR

was sabotaged, the Government launched an official inquiry
into the matter, the findings of which have yet to be
published. Amnesty International in its 1986 Report (covering
1985) called on the authorities to investigate the death of
Father Sergio Sorgone, a Roman Catholic priest, who may have
been killed for political reasons by members of the T.T.S., a
paramilitary youth group which supports the Government, as
well as the deaths of four other priests who may have been
victims of political killings.

In 1986 there was no further violence involving members of the
T.T.S. and the "kung-fu" movement. In December 1984, street
fights between kung-fu martial arts enthusiasts and
government-sponsored youth groups escalated into a riot. When
the victorious kung-fu groups then began to play a vigilante
role in Antananarivo's poorer districts and began to represent
a threat to the State, the Government responded in August 1985
by attacking kung-fu headquarters. The kung-fu adherents
responded with attacks on outlying gendarmerie posts and an
army camp. In their suppression of the kung-fu threat, the
military entered some homes without court orders and ransacked
them, shot some suspects on sight, and arrested others without
formal charges. The official count of 20 dead, 31 wounded,
and 208 arrested compares with reports from credible sources
of 50 people killed and 300 arrested.

b. Disappearance

Despite one press report, there were no confirmed cases of
politically motivated disappearance.

c. Torture, and Cruel, Inhuman, or Degrading Treatment or
Punishment

While there were no documented cases of physical torture
occurring in Madagascar, some organizations in the security
apparatus have a reputation for ruthless methods, notably the
state secret police. The kung-fu prisoners have allegedly
suffered from very cruel treatment while in detention. There
have also been credible reports of the alleged use of torture
by the armed forces in the Government ' s campaign against
outlaw bandits in Madagascar's southwest.

Malagasy prisons are overcrowded and increasingly inhumane in
terms of living conditions. A prison built to hold 500
prisoners in Antananarivo is said to have 1,500 occupants.
Some prisoners are not fed regularly, medical care is not
provided, infections are commonplace, prisoners rarely have
the opportunity to wash, and clothing is not provided. The
death toll rises significantly among prisoners during the cold
winter months .

d. Arbitrary Arrest, Detention, or Exile

In a normal criminal case, the accused must be charged or
released within 3 days of arrest. Defendants in ordinary
criminal/civil cases are generally charged formally within the
specified time frame, and, upon being charged, are allowed to
obtain a lawyer. Counsel is readily available, and
court-appointed counsel is provided for indigents.

Persons suspected of activity against the State may be legally
detained incommunicado for 15 days, subject to indefinite
extension if considered necessary by the Government. In the

176

MADAGASCAR

past, certain defendants involved in coup-plotting cases were
detained without being brought to trial for periods ranging
from 20 months to over 5 years. Such extended periods of
pretrial detention are exceptions and are usually limited to
cases involving national security.

At the end of 1986 there were 36 kung-fu members still being
held in Arivonimamo prison with no trial planned or
scheduled. One detainee is a woman.

Forced labor is not practiced in Madagascar.

e. Denial of Fair Public Trial

The Malagasy Constitution provides for an independent
judiciary and, in practice, the judiciary seems to function
without outside influence from the executive.

The judiciary has three levels of trial courts: lower courts
for civil and criminal cases carrying limited fines and
sentences, a Court of Appeals which includes a Criminal Court
for cases bearing sentences of 5 years or more, and a Supreme
Court. The judiciary also has a number of special courts
designed to handle specific kinds of cases under the
jurisdiction of the higher courts. A High Constitutional
Court, with a totally separate and autonomous status, watches
over the constitutionality of laws, decrees, and ordinances
and ensures the legality of elections. A High Court of
Justice, charged with prosecuting malfeasance in the
government, is provided for in the Constitution but has never
come into existence. A Military Court has jurisdiction over
all cases involving national security.

A trial date and court have not yet been announced for the
36 kung fu adherents who remain in prison. The trial could
take place in either the Military Court or the Criminal Court
of the Court of Appeals.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The State does not generally intervene in nonpolitical aspects
of the lives of the people. The home is inviolable under
Malagasy law, and intrusions into an individual's residence,
except in political or sensitive cases, must be made under the
authority of a search warrant. Although government economic
policies limit the choices open to an individual, the Malagasy
may make their own decisions, without government coercion or
interference, in such matters as changing jobs or residence,
marriage, having children, and joining permitted political
parties or social organizations.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Private citizens have limited freedom to criticize government
officials and policies without fear of arrest by the local
authorities, but such criticism must be carefully worded.
Direct criticism of the President or the "Socialist
revolution" is not tolerated.

Madagascar has one of the highest literacy rates in Africa,
and Malagasy citizens attach great importance to the press.

177

MADAGASCAR

What is printed in the newspaper often has an impact on the
nation's policy-making apparatus. Critical examination of a
range of policy issues such as economic management,
transportation, and education can be found in the media.
However, censorship is prescribed by the Government and
executed by the Ministry of Interior. Copies of the daily
newspapers are submitted to the censors prior to printing.
When censorship is enforced, the newspapers leave blank those
columns where the offending articles would have appeared.
There is one government owned newspaper. The two major
independently owned newspapers are Madagascar Matin and Midi
Madagasikara . Several other dailies and weeklies are
published by party groups and independent publishers,
including the outspoken and candid Catholic newspaper. La
Croix. The Government owns the radio and television stations.

b. Freedom of Peaceful Assembly and Association

The rights of assembly and association are restricted.
Permits are required to hold public meetings and can be denied
by the Government if officials believe that the meeting poses
a threat to the State or endangers national unity. Persons
and groups belonging to parties of the National Front are
permitted to organize and assemble. Nevertheless, since
political activity by groups outside the National Front is
prohibited, dissenting political opinion is limited.

Although the right to organize labor unions is recognized,
unions do not play a major role either politically or
economically. The labor force of 4.9 million is mostly
agrarian, and union labor accounts for less than 5 percent of
the total. Unions are permitted to strike and conduct
substantive wage negotiations, but because of the depressed
economy, strikes have been few, and trade unions have been
relatively quiescent. Most unions are affiliated with
National Front Parties.

c. Freedom of Religion

The Government is secular and there is no official religion.
There is no discrimination on the basis of religious
affiliation, and persons are free to follow the faith of their
choice. Missionaries and clergy are generally permitted to
operate freely, and the Government has so far made no effort
to restrain Christian churches which have become more active
in criticizing government policies. Over half of the
population is either Catholic or Protestant, with the
remainder following traditional Malagasy religious beliefs or
other faiths.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government has imposed no restriction on travel within the
country. Official approval must be obtained for trips outside
the country, but there has been only one known instance in
which approval was denied due to the person's political
views. Foreign travel is impeded by the difficulty in
obtaining foreign currency. The Malagasy franc is not
convertible abroad, and the Government limits the amount of
hard currency that can be obtained for foreign travel. There
is no refugee population in Madagascar.

178

MADAGASCAR

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

The electorate's choice is constrained by the nature of the
political system, since the only political parties allowed to
operate in Madagascar are those which are members of the
National Front. However, there exists a range of ideological
and policy views among the seven Front parties, and within
this spectrum there are viewpoints represented that are at
odds with the policies of the administration. Thus, the
electoral process does give the voters a chance to choose
among candidates expressing differing views in local and
regional elections, as well as in the National Assembly and
presidential campaigns. The 137 members of the national
Assembly are elected by universal suffrage for 5-year terms.
The last election was in 1983. The electoral process,
although not completely free from irregularities, has been
essentially straightforward in recent elections. The
political system in Madagascar also reflects a considerable
degree of regional balance.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has not cooperated with groups v;ishing to
investigate alleged human rights violations and has denied
visas to Amnesty International representatives. When the
President's opponent in the 1982 election campaign called for
supervision of the elections by Amnesty International, the
President rejected the proposal as being in derogation of
national sovereignty. In the absence of private human rights
groups, the Christian churches in the country have taken the
lead in advocating human rights. Although the Government is
sensitive to criticism emanating from this quarter, it has not
officially responded to questions or criticisms from the
churches or any other group.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There appears to be no practice of institutional or systematic
discrimination on the basis of ethnic grouping or sex in
Madagascar. Although there are numerous indigenous ethnic
groups, the society is relatively homogenous due to a common
language and a tendency for disparate cultures to draw
together in an island environment. However, ethnic Indian,
Chinese, and French communities have experienced some
resentment from the Malagasy mainly because of their success
in commerce. These groups have occasionally been the target
of local government policies favoring Malagasy nationals.

Madagascar has what is essentially a matriarchal society, and
a highly visible role for women has long been recognized as an
integral part of the country's sociological framework. Women
have a lengthy tradition of involvement in high-level
political activity, and currently women are members of the
Cabinet, the Supreme Revolutionary Council, and the National
Assembly. Women are also very active and play major roles in
the various political parties. Women have a prominent role in
the business and economic life of the country, with many of
them managing or owning business concerns or filling
management positions in state industries. Education at all
levels is open to women. However, women in rural areas and

179

MADAGASCAR

J- 2 4 32

among the poor face a greater degree of hardship. In addition
to the responsibilities associated with child rearing and
household management, economic necessity forces these women to
engage in farm labor or other similar activities. These
conditions stem more from socioeconomic factors than from a
discriminatory bias against women in Malagasy society.

CONDITIONS OF LABOR

The Malagasy Work Code and its enforcing legislation describe
the working conditions required for employees. The Code
describes a child as any person, regardless of sex, under the
age of 18. The minimum age for employment is 14, but the use
of child labor is prohibited in those areas where there is
apparent and imminent danger. There is a 44-hour workweek in
nonagricultural and service industries. There are also
provisions for holiday pay, sick and maternity leave, and
insurance. The Work Code has rules concerning building
safety, machinery and moving engines, operational safety, and
sanitation standards. It appears that in practice, the rules
and regulations of the Code are adhered to by employers and
are enforced by the authorities.

180

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: MADAGASCAR

1984

1985

1986

I.5C0N. ASSIST. -TOTAL..

LOANS

GRANTS ,

A. AID ,

LOANS ,

GRANTS ,

(SEC. SUPP. ASSIST.) ..,

3. FOOD FOR PEACE

LOANS ,

GRANTS ,

TITLE I-TDTAL

REPAY. l*i $-LOANS....,
PAY. IN FOR. CURR....,

TITLE II-TOTAL.

= . RELIEF. EC. OEV 5 WFP.

V3L. RELIEF AGENCY

C. OTHER ECON. ASSIST..,

LOANS ,

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS.. ,

GRANTS ,

a. MAP GRANTS -

3. CREDIT FINANCING..
C.INTL MIL.ED.TRN3. .
D.TRAN-EXCESS STOCK.
E. OTHER GRANTS

III. TOTAL ECON. S MIL.

LOANS

GRANTS

13.8

13.1

3.1

3.0

11.0

0.0

5.3

7.1

3.1

0.6

5.4

3.1

0.0

0.6

5.4

3.1

0.3

3.0

2.9

13.2

12.7

0.0

8.0

11.0

0.0

3.2

1.7

0.0

8.0

11.0

0.0

S.O

11.0

0.0

5.2

1.7

0.0

3.9

3.1

0.0

1.3

1.6

0.0

O.D

' 0.0

0.0

0.3

0.0

0,0

0.0

0.1

2.2

1.5

0.0

0.1

2.2

1.5

0.0

2.1

1.4

0.0

0.1

0.0

13.9

20.3

4.6

8.0

.11.0

0.0

5.9

9.3

4.6

OTHER US LOANS. ...
EX-IM BANK LOANS.
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL...'....,

114.3

113.9

52.3

1029.7

laRO

3.0

0.0

OsO

32.6

if:

3.0

6.7

0.0

26.6

IDA

30.6

67.0

52.3

545.6

ID3

0.0

OiO

ADS

3.0

0.0

Ar03

76.3

29.3

0.0

153.4

UNDP

7.4

5.8

■0.0

63.1

OTHER-UN

3.0

5.1

0.0

15.5

ee:

3.0

0.0

192.9

181

MALAWI

The President of Malawi, Dr. H. Kamuzu Banda, has maintained
nearly undisputed control over political life and government
since he led the country to its independence in 1964. He was
proclaimed "Life President" in 1970. Political activity is
limited to participation in the sole legal party, the Malawi
Congress Party. Military, police, and party security organs
suppress opposition to the Government and monitor a wide range
of activities.

Malawi inherited a parliamentary form of government from Great
Britain. Elections are held every 5 years; all candidates
must be members of the Malawi Congress Party and approved by
the President. Constitutional amendments and laws passed by
the 124-member Parliament reflect decisions already taken by
the President.

Malawi is a small densely populated, landlocked country whose
principal assets are moderately fertile soils, good water
resources, and a climate favorable to crop production. Since
independence the Government has used good planning and wise
investment of the limited available resources to promote
economic development. However, despite substantial progress,
per capita gross national product in 1985 measured only $210.
Malawi's current population of 7.2 million people is growing
at an estimated annual rate of 3 . 1 percent. Possessing no
significant mineral resources or industrial sector, Malawi is
heavily dependent on agriculture for export earnings and
employment .

During 1986 two cases continued to receive outside attention
from human rights groups. Appeals and inquiries were made on
behalf of Orton and Vera Chirwa, both serving life sentences
for treason (commuted from death sentences in 1984). Three
journalists detained in March 1985, reportedly because of a
misquotation published in the local newspapers, have been
released.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There have been no allegations of politically motivated
killings within the country during 1986.

b. Disappearance

In the past, secret detentions by the police have been behind
disappearances lasting from a few weeks to several months.
There are no known instances in which such detentions have led
to death. There were no known political disppearances in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Beatings by the police at the time of detention or arrest, or
during interrogation, are illegal but do occasionally occur.
Prison terms of hard labor are the norm for common criminals,
with political detainees normally receiving less harsh or
degrading treatment. Prison conditions are generally believed
to be poor but are difficult to verify since access to prisons

182

MALAWI

is tightly controlled. According to one report, some
hard-core criminals were sent to remote prisons where
insufficient food was provided. Several are believed to have
died of malnutrition.

The Forfeiture Act permits the Government to revoke the
property rights of those suspected of economic crimes. These
revocations sometimes have political overtones. When the
Forfeiture Act is invoked, the individual — but not his
family — loses all worldly possessions, including business and
financial assets and personal belongings. Revocation of
property rights is carried out by executive fiat with no
judicial review. Notice of forfeiture must be published in
the Official Gazette. There were no such cases published in
1986.

d. Arbitrary Arrest, Detention, or Exile

Under the Preservation of Public Security Act, the President
may order the arrest, search, and detention of any person whom
the Government suspects may cause trouble in the country. A
person who is arrested under this law can be detained by the
police without trial in a court of law.

At any given time a number of persons may be detained for real
or perceived offenses against the party or Government.
Currently, for example, a senior official of the Government's
Information Department is being detained, although charges
against him have not been made public. Malawi residents
(including Africans and those of Asian extraction) may be
picked up at the whim of the authorities, held without charge
for varying lengths of time, and released. While political
detainees are rarely beaten, the length of their confinement
is often uncertain.

Suspicion of corruption is another cause for being held; those
detained are rarely charged officially and brought before
courts. A suspect may also be held without charge for a long
period of time while authorities develop a case. One reported
example is that of a young Malawian who was detained and
interrogated in October 1985 for asking in jest if President
Banda would live long enough to enjoy his newest residence,
then being constructed in Mzugu. He has been held without
charge since that time at Nsanje prison. It is impossible to
estimate the number of arbitrary detentions and arrests made
in Malawi in 1986.

Forced labor is sometimes used as a form of criminal
punishment .

e. Denial of Fair Public Trial

Those charged with criminal offenses are tried in either the
traditional or modern court system, depending on the nature of
the charge. Those charged under the military code of justice
are tried in military courts. Lawyers are not permitted to
assist defendants in traditional court cases, but legal
counsel is permitted in the modern court system. In the
latter case, the defendant has the right of access to counsel
both before and during the judicial proceeding. The right of
appeal exists in both the modern and traditional court
systems. In practice, the Government and party exert little
control over the trial system in cases tried before the High
Court or magistrate court. The modern judiciary is

183

MALAWI

independent of the executive branch, although the President
appoints the Chief Justice of the High Court who, in turn,
appoints other modern court justices. Magistrates may be
removed from their positions for reasons of incompetence,
malfeasance or if it is deemed by the executive branch to be
in the public interest. This lack of job security can act as
an indirect form of government pressure. These courts are
open to the public, and defendants are charged publicly.

Traditional court justices are appointed directly by the
President. It is generally believed that there is little
executive interference in traditional court cases dealing in
matters of customary law, and there is no evidence of indirect
executive pressure on traditional courts adjudicating cases of
a political nature. The three traditional courts at the
regional level deal with most capital offenses. A guilty
verdict is reviewed by the national traditional court and a
ministerial committee considers clemency. Trials in
traditional courts are conducted and death sentences are
carried out without publicity. The number of executions is
not a matter of public record but, according to one report,
about a dozen occurred in early 1986. The death penalty is
mandatory for murder and treason and can be imposed for armed
robbery .

f . Arbitrary Interference with Privacy, Family, Home, or
Cor r espondence

In private life, most people are not unduly affected by
government authority. Malawi law calls for the issuance of
individual warrants before any home may be entered, but this
is not always observed in practice. Police and quasi-military
groups enter houses of suspects at will under special entry
authority to conduct searches for people or incriminating
evidence. Correspondence is monitored by the authorities and
mail, including international mail, is often opened.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Criticism of the Government and its policies is not allowed;
this proscription extends even to the Parliament. The media
do not submit their news items and programs to the Information
Department for approval or censorship, but the penalty for
publishing material which meets with official displeasure can
be severe and several journalists have been jailed for
extended periods. As a result, the two newspapers and sole
radio station operate under informal but strict
self-censorship guidelines. Both media have exhibited
increasing candor in coverage of international issues. In
addition, criticism of the efficiency of some government
departments has appeared in the media and Parliament. Limited
freedom of inquiry into the natural and social sciences exists
at the university level, and may include some examination of
political ideologies at radical variance with those of the
Government, provided this does not extend to explicit
criticism of the Government.

b. Freedom of Peaceful Assembly and Association

Individuals and organizations generally are free to meet and
associate as long as the purpose is not to discuss government
or party policy or practices. Professional, fraternal, and

66-986 0-87-7

184

MALAWI

service organizations exist and are encouraged by the
Government. No political meetings are permitted, other than
those of the party.

Labor unions exist, but their activities are highly
circumscribed, and they are generally ineffective. Collective
bargaining is allowed, but its use is limited. Malawi law
guarantees the right to strike, but in practice strikes never
occur. Labor unions come under the Malawi Trade Union
Congress which in turn is subject to direction by the Ministry
of Labor. With Government permission and supervision, the
trade union organization associates with international
organizations, and the Malawi Trade Union Congress is a member
of the Organization of African Trade Union Unity and of the
International Confederation of Free Trade Unions. While the
labor movement has yet to achieve gains for workers, the
principal explanation is economic rather than political: the
economy of Malawi can sustain only a small number of wage
earners, most of whom occupy positions as unskilled laborers
on large estate farms.

c. Freedom of Religion

There is relative freedom of religion in Malawi for all
religions whose particular religious tenets do not preclude
recognition of the temporal authority of the State. Jehovah's
Witnesses have been banned since 1967 because the Government
considers the sect's activities to be disruptive of "the
prevailing calm, law, and order." There is no state or
preferred religion, and conversion from one religion to
another is permitted. There are no restrictions on religious
observances and ceremonies which do not impinge on government
authority. Religious groups may establish places of worship
and train clergy. They are required to register with the
Government, and their publications, like all others, are
subject to government censorship. Religious groups are free
to establish and maintain links with coreligionists in other
countries and are free to travel abroad. Similarly,
missionaries from abroad are permitted to enter Malawi and
proselytize. There is no tie between a particular religion
and the Malawi Congress Party.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Few restrictions have been observed on movement within Malawi,
though legal provisions exist for restricting movement of
those convicted of political or criminal offenses. Asian
residents and citizens are free to travel within the country
but must reside and work in one of four urban areas (Lilongwe,
Zomba, Mzuzu, and Blantyre/Limbe) . Within some of these urban
centers, strict rules governing where Asians may own property
result in limitations on where they may reside. Denial of
passports on political grounds frequently extends to family
members of persons in political disfavor and to those persons
whom the Government suspects may criticize it if allowed to
travel abroad. Civil servants and employees of state-owned
enterprises have to obtain written permission to travel abroad
even on vacation. Obtaining such clearance can take from a
few days to several months. Formal emigration is neither
restricted nor encouraged. With the exception of a small
group of political dissidents, there is no outward flow of
Malawian refugees from the country. Expatriates born in
Malawi may return. Citizenship may be revoked but in practice
this is not done.

185

MALAWI

Malawi does not accord official refugee status but has allowed
private voluntary organizations to provide medical and other
relief to some of the large number of displaced persons who
have come into Malawi due to fighting and hunger in
Mozambique. Approximately 70,000 Mozambicans have crossed the
border to avoid harassment from government and insurgent
forces .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

All political decisions are made either directly by the
President or those few closely associated with him. No
opposition political parties or movements are permitted.
Membership in the Malawi Congress Party is not mandatory but
is often coerced. Active membership is expected of those who
aspire to government positions (including the civil service)
or even professional success. Party membership is often
required of school children and of those who seek access to
government services or entrance to local markets . The annual
renewal fee is only about 25 cents, but this can be nearly
half a day's pay for a minimum wage earner. In addition, when
the President visits an area, financial contributions from
individuals and businesses are expected. Nearly half of the
population has at least nominal party membership. The party's
pervasiveness and broad-based structure provide for some
choice among candidates for party, parliamentary, or other
offices. For example, as was the case in the 1983 election,
there are often three candidates for election to a
parliamentary constituency. All nominees, however, are
selected by the party and submitted to the President for
review. Active campaigning is not permitted. The National
Assembly (Parliament) consists of both elected and nominated
members and is mainly concerned with ratifying government
policy. Its powers are broadly based in law but highly
circumscribed in practice. Women are entitled to party
membership and voting rights and hold 15 of the 104 elected
seats in Parliament. No women hold ministerial-level
positions .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government does not permit organizations such as the
International Committee of the Red Cross and Amnesty
International to conduct human rights investigations in
Malawi. No nongovernmental organizations devoted to the
furtherance of human rights are permitted to exist.
Expressions of interest in alleged human rights problems by
outside groups or persons are not welcomed and are usually
ignored. Few government officials are even willing to discuss
the subject of human rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While Malawi remains one of the world's least developed
countries, economic and social needs and cultural aspirations
are met on a generally nondiscriminatory basis. Asian
residents, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic African Malawian citizens. Asians are

186

MALAWI

free to expand into other areas of business, however, and
industrial licenses for new Asian-operated industries are
routinely granted.

Women are limited to the roles defined by a traditional
African society and do not have opportunities equal to those
of men. As mothers, women enjoy a high degree of access to
the traditional health services and to extension programs
designed to improve women's homemaking abilities. Such
programs, while benefical, have failed to recognize the
importance of women as agricultural producers in the rural
sector (roughly 70 percent of all smallholder farms and over
50 percent of subsistence holdings are headed by women) and
the potential role women can have in the modern sector.
Although males still have a comparative advantage in terms of
educational and employment opportunities, the Government has
initiated sufficiently broad-scale programs to begin to
rectify the discrimination which exists. A third of the
positions in the public education system have been reserved
for women. Within Malawi's traditional and primarily
matrilineal tribal leadership structures, there are several
small ethnic groups wherein women possess fewer rights and
privileges, and where female circumcision is occasionally
practiced.

Malawi enjoys a considerable degree of ethno linguistic
uniformity. The vast majority of the population speaks and/or
understands Chichewa, which became the national language in
1968. English is the official language for government and
business. Malawi's indigenous groups are sufficiently alike
in culture and social organization to permit relatively easy
interaction, including intermarriage, mixing in agricultural
settlements, and mixed grouping for political purposes.

CONDITIONS OF LABOR

The minimum working age is 14, though this applies only to the
relatively small urban sector. Less than 15 percent of the
work force is employed in the formal wage sector. For those
fortunate enough to hold paid jobs, wages and working
conditions are generally adequate, and paid holidays and
safety standards in the workplace are required by law.
However, wage levels are low (about $2 a day in the three
major towns), reflecting the abundance of unskilled labor and
government policy to limit the rural-urban income gap and
hence the rate of migration to the towns.

187

U.S.OveRScftS -LOAMS AIJD GR4NTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: 'lALAWI

1934

1 535

1936

I. EC

A. A

(

3. r

TIT

VO
CO

ASSIST. -TOTAL..

OANS

RANTS

CANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

li-

LIEF

RELI

ER £

DANS

RANT

PEA

NAR

OTH

°?. ASSIST.) ..
p PEACE

OTAL ,

N ;-LO:'^NS . . . .
FOR. CU?' . . . . ,

TOTAL

.EC.OEV i, WFP.
EF AGEMCY.. .. ,
:0M. ASSIST...

CE CORPS,
COTICS. ..
ER

26.7

0.0

26.7

23
0
25
15
0
0
0
0
0
0
D
0

,4
,0
.4
,0
.2

.0
, 2

,0
.0
,0
,2
, 2
0.0
1.1
0.0

1.1
1.1

0.0
0.0

36.0

0.0

36.0

34.9

0.0

34.9

10.5

0.0

1.1

0.0

1.1
1.1

0.0
0.0

II. MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A.CIA P GRANTS

3. CREDIT FINANCING.,
:.INTL MIL.ED.TRNG.
J. IRAN- EXCESS STOCK
;-. OTHER GRANTS ,

0.2

0.0
O.D

0.0
0.0

1.2

0.0
1.2
1.0
0.0
0.2
0.0
0.0

III. TOTAL ECON,
LOANS. ...
GRANTS. ..

2 'ML

9.3
O.D

9 . ^

27.0

0.0

2^.9

77.2

0.0

37.2

ontR \ji loam: . ,

fcX-l"! bAN,< LOA;
ALL OTHER

O.D
0.0
O.D

0.0

0.0
0.0

o.n

ASSISTANCE F.-",CM I ;.'T -IF N A ; I O'l iL t
^ ' :,', 19?5

M c : £ 3
19C6

1946-36

7 JTiL

U3.1

71 . 3

74.3

36 5.2

liP.O

1 ?.D

6.4

2^.5

124.1

if:

0.0

2.3

0.7

29.0

I. J A

^3.4

38.3

41 .6

433.7

103

0.0

0.3

0.0

i).o

ADS

0.0

0.3

0.0

AFDB

35.7

23.1

0.0

144.7

UNDP

0.3

1.3

' 0.0

42.7

OTHER-UN

5.7

0..0

0.0

14.0

EEC

3.0

0.0

7.5

22.0

188

MALI

Mali is a single party state in which effective authority is
exercised by General Moussa Traore, Secretary General of the
Democratic Union of the Malian People and President of the
Republic. In 1968 President Traore, then a lieutenant, led a
military coup which overthrew the leftist civilian government
of Modibo Keita. Although Mali in 1974 adopted a Constitution
which increased the number of civilians in the Government, the
military continues to have an important role in party and
governmental affairs. Military officers hold approximately
one-fourth of the senior positions in the Cabinet and party,
four of seven governorships, and an important portion of lower
level administrative posts, mostly in border areas. A
government reorganization in June further increased the
percentage of civilians in office.

Burkina Faso fought a week-long border war with Mali in
December 1985 over long disputed territory. Tension between
the two countries remains high, but a ruling from the
International Court of Justice at the end of 1986 won praise
from both countries, which have publicly vowed to abide by
it. Prisoners from the December border war have been
repatriated.

Mali is one of the world's poorest countries, with per capita
income around $160 a year. Landlocked and lacking easily
exploitable mineral resources, except for some gold, Mali's
economy is based on subsistence farming and animal husbandry,
both of which have been severely affected by drought in recent
years .

The political and human rights situation did not change
significantly over the past year. No organized political
opposition groups are permitted within Mali. The Government
has not, however, reacted harshly to opposition since the
student riots in 1981. In 1986, within the context of official
party or union meetings, it permitted limited criticism of its
economic reform policies.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reported incidents of politically motivated
killings .

b. Disappearance

There were no reported incidents of disappearance, abduction,
or hostage-taking.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Government of Mali does not officially condone police
brutality, but physical abuse of suspects sometimes occurs in
police interrogation. Torture rarely occurs. Public beatings
by the citizenry of persons identified as thieves does take
place on occasion. Prison conditions are harsh and, owing to
a lack of resources, facilities are inadequate. Prisoners
perform hard manual labor, such as road maintenance. In the
past. Amnesty International has expressed concern over alleged

189

MALI

degrading treatment of prisoners in Taoudenit and Kidal prisons
situated in northern desert locations and appealed to the
Government to improve conditions. These prisons may contain
some political prisoners.

During an April visit to Senegal by President Traore, Malian
students at the University of Dakar led a strike to highlight
their claim that six students detained in Mali were being
mistreated and/or tortured. The students in c[uestion, who
were tried in November 1985 for "offenses against the head of
state", were represented by lawyers; two were acquitted and
four received suspended sentences. There is no evidence that
the students were mistreated during their incarceration before
the trial.

d. Arbitrary Arrest, Detention, or Exile

No incidents of arbitrary arrests, detention, or exile were
reported during 1986. The Malian judicial system is based on
the French model and detained persons do not have the right to
a judicial determination of the legality of their detention.
However, Malian law does not permit arrest without formal
charge. Malian law does not provide for release on bail, but
detainees are sometimes released on their own recognizance.
Prisoners are usually allowed access to a lawyer of their
choosing. Administrative backlogs often cause delays in
bringing people to trial.

Forced or compulsory labor is prohibited except in cases of
convicted criminals.

e. Denial of Fair Public Trial

The judiciary is part of the executive branch and therefore
potentially subject to interference. Trials are generally
short in duration. While confessions are not coerced,
defendants usually admit guilt, and defense lawyers tend to
argue mitigating circumstances. The verdict and sentence are
rendered by a panel of three judges. The appeals process is
limited to an appeal for a presidential pardon or a request
for a new trial. The National Assembly can convene a High
Court of Justice to hear cases against state ministers. This
Court did not meet during 1986. Several high-ranking officers
were arrested for reportedly inept command decisions during
the December 1985 border conflict but were subsequently
released.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Inviolability of the home is guaranteed in the Constitution
and generally respected in practice. Police searches are
infrequent, and warrants are issued and recorded, though
sometimes after the fact.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Malian Constitution does not guarantee freedom of speech
and press. The State controls all Malian media and does not
permit public questioning of its authority. Criticism of
specific programs, aspects of society, or the performance of
government offices (rarely of individuals) is, however,
allowed. The national labor union enjoys limited freedom to

190

MALI

express dissatisfaction with some government austerity
programs. Academic freedom does not extend to criticism of
the Government or its policies. Journalists are all
government employees. A few have been suspended or fired for
"impertinent" questioning, but in general they have not been
subjected to other reprisals. Private Malian publications
expressing antigovernment views are not tolerated, but
international publications, even those critical of Mali or its
Government, are readily available and circulate freely.

b. Freedom of Peaceful Assembly and Association

The Malian Constitution guarantees the liberty of citizens to
form organizations to protect their "professional interests,"
but in reality only selected organizations such as urban
professional associations qualify for this consideration. The
only groups which assemble freely are the women's, youth, and
labor associations of Mali's single political party.

Twelve labor unions with a total of 130,000 members form the
National Union of Malian Workers (UNTM) , the only recognized
workers' organization. Despite its party affiliation, the
UNTM claims to maintain a degree of autonomy from the
Government, and its Secretary General is not a member of the
party's central executive council. Within limits, collective
bargaining is permitted. Strikes, though permitted by law,
seldom occur. In November 1986, Malian teachers went on
strike for 1 day to protest nonpayment of salaries. The
teachers' union carried out a 2-day strike in December when
their salaries remained unpaid. The Government did not
intervene to prevent the strike. The UNTM maintains contacts
with international labor organizations, both public and
private .

c. Freedom of Religion

Mali is a secular state. The Government generally does not
discriminate on religious grounds. Although 90 percent of
Malians are Muslim, most other religions may practice their
faiths freely and are permitted to establish houses of worship
and schools. Christian missionaries of various faiths enjoy
government cooperation and are free to proselytize. Religious
conversion is permitted, except to the Baha ' i , who are free to
practice their faith in their homes but forbidden to
proselytize or establish houses of worship.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement in Mali is generally unimpeded, although
travelers are sometimes subject to police checks, especially
at night. These checks are allowed by law, ostensibly to
restrict the movement of stolen or smuggled goods. In
practice, some police are known to supplement their frequently
delayed salaries by assessing ad hoc fines or confiscating
goods. Malians are free to change residence or work place.
Foreign travel requires an exit visa which is easy to obtain.
Repatriation is not restricted. Mali has both accepted and
generated persons displaced by drought and famine in recent
years. A steady stream of people — mainly nomads affected by
the drought — migrated to towns in southern Mali in 1985 and
substantial numbers remain there in 1986. Several thousand
Malians were repatriated from Algeria in 1986.

191

MALI

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The only legal political party, the Democratic Union of the
Malian People, is the supreme political entity in Mali. Its
Secretary General, Moussa Traore, is by law the President of
the Republic. The role of the military has diminished in
recent years but is still important. Five of the party's 19
central executive bureau members, 5 of the 17 cabinet
ministers, 4 of the 7 regional governors, and numerous lower
level officials are military officers. Important policies and
decisions are made by a small group — the President, the
l9-member central executive bureau, and the Council of
Ministers. The party congress meets only once every 3 years,
and the National Assembly m.eets twice a year.

Citizens thus have little and infrequent opportunity to
influence the Government. Within the one-party system,
multiple candidates often contest party elections at the local
level. National Assembly elections, held every 4 years,
generally present a single candidate selected by the party for
each seat, although in theory all party members are eligible
to run for election. The National Assembly debates proposed
legislation after its acceptance by the Council of Ministers
and review by the Supreme Court .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government of Mali has been generally responsive to calls
by recognized groups such as Amnesty International to correct
reported human rights violations. However, Mali itself has no
local human rights organizations. The Ministries of Foreign
Affairs and Justice are charged with responsibility for human
rights issues. Mali does not play a major role in
international human rights forums.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While the Government avoids use of ethnic "quotas," virtually
all ethnic groups are represented at the highest state and
party level. In local government, officials are assigned
outside their regions of origin. Although some nomadic groups
such as the Tuaregs remain outside the economic and political
mainstream, Mali is relatively free of ethnic tension.

Social and cultural factors assign a higher role to men that
women in Malian society, but women are making some progress.
Women are free to participate in the Malian political process,
and, while under represented, are present at all levels of
government and the party, especially at the local level. A
limited number of women occupy positions of responsibility in
most ministries. Two women serve in the Cabinet (Minister of
Information and Minister of Public Health and Social Services)
and one in the party's executive bureau (president of the
women's union.) Three women now serve in the National
Assembly. Notwithstanding this trend, custom often restricts
women to "women's issues" when they do participate in politics.
The National Union of Malian Women in particular promotes
discussion of health, social, and education issues and
disseminates information on the arguments against female
circumcision. Despite the creation of a national commission

192

MALI

on the issue and government disapproval, female circumcision
is still widely practiced.

CONDITIONS OF LABOR

Workers' rights are specified in the Constitution. Conditions
of employment, including hours, wages, social security
benefits, and health and safety standards vary depending upon
the category of work. Employers are recpaired to pay into a
National Social Security Fund. While the minimum age for
employment is 14 with parents' permission, children can be
apprenticed at 12. In practice, children in rural areas join
the work force at a much younger age, and workers in the
informal sector are not protected by laws against unjust
compensation, excessive hours, and capricious discharge.

193

U.S.OVERScftS

■LOANS ANO GRANTS- OBLIGATIONS AND LOAN AU I nuK i t mTIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: MALI

1934

1985

1986

I.ECON. ASSIST. -TOTAL...

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

3. FOOD FO? PEACE

LOANS

GRANTS

TITLE I-TOTAL

?EPAY. IN l-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

5. RELIEF. EC. DEV S WFP,

VOL. RELIEF AGENCY

C. OTHER e:0N. ASSIST..,

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
:.INTL MIL.EO.TR»JS. .
D.TRAN-EXCESS STOCK.
E. OTHER GRANTS ,

III. TOTAL ECON. 5 MIL,

LOANS ,

GRANTS ,

24.3

53.5

14.9

0.0

24.3

53.5

14.9

11.6

32.2

12.7

0.0

11.6

32.2

12.7

0.0

18.0

0.0

11.1

19.4

0.0

11.1

19.4

0.0

11.1

19.4

0.0

10.3

17.7

0.0

0.8

1.7

0.0

1.6

1.9

2.2

0.0

1.6

1.9

2.2

1 .6

1.9

2.2

0.0

0.1

0.2

0.0

0.1

0.2

0.0

0.1

D.2

0.2

0.0

24.4

53.7

15.1

0.0

24.4

53.7

15.1

OTHER US LOANS. .. ,
EX-IM BAN< LOANS.
ALL OTHER

0.0
0.0
0.0

0.0
0.0

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1?34 1935 1986

1946-86

TOTAL

96.1

59.7

82.9

783.8

I3SD

0.0

if:

0.0

3.2

IDA

70.6

19.5

32.9

431.3

103

0.0

AD3

0.0

O.D

0.0

AF33

21.5

37.3

0.0

145.9

UNOP

4.0

2.4

0.0

63.3

OTHER-UN

0.0

19.0

EEC

3.0

0.0

126.1

194

MAURITANIA

Mauritania is governed by the Military Committee for National
Salvation (MCNS), established after a bloodless 1978 coup which
removed the civilian president and abolished the parliamentary
system in effect since independence in 1960. Colonel Maaouya
Ould Sid' Ahmed Taya, President of the Committee, is Chief of
State. He assumed power after the ouster of the former
President, Lt . Colonel Mohamed Khouna Ould Haidalla, on
December 12, 1984. All 23 members of the Military Committee
retain ministerial portfolios or occupy other key military or
government positions. In effect, the President functions as a
"first among equals," since decisionmaking is by consensus.

All political parties and opposition groups are banned.
Prospects for an early return to civilian rule on the national
level appear remote. In the absence of any institutionalized
consultative process between the Government and the people, the
Structure for the Education of the Masses (SEM) was created on
a nationwide basis in 1982. Organized down to the village and
neighborhood level, it is used to explain government policy,
mobilize manpower for self-help projects, and air grievances.

In 1986 the regime took the first tentative steps towards
democratization on the local level. Communal elections were
held in Nouakchott and regional capitals in December. The
authority of the newly elected councils, which will choose
mayors and deputy mayors from among their membership, is
limited to local affairs. While political parties were not
permitted, campaigning in the municipal elections was lively
and took on some of the tone and color of political debate.
Despite this first step and the personal popularity of
President Taya, the governmental institutions remain without a
broad basis of support and provide no outlet for discontent,
dissent, or even meaningful debate of national policies.

The country continues to face daunting economic and social
problems: desertification and other aftereffects of prolonged
drought; increasing racial tensions; massive unemployment; the
highest per capita debt in Africa; poor infrastructure;
inadec[uate health and education systems; and a mass exodus from
the rural areas. Although adequate rains fell in 1985 and
1986, the 1971-1984 drought caused a massive migration of
nomads into towns, thereby forcing them into urban refugee
camps and severely weakening the Maur nomadic culture.

The advent of the Taya regime brought some human rights
improvements. In late 1984, the new regime released and
pardoned all political prisoners and detainees from the
Haidalla regime. President Taya also publicly espouses a
harmonious, multiethnic society. However, the arrest, trial,
and sentencing in 1986 of 21 blacks from the Toucouleur ethnic
group, including prominent figures in politics, media, and
education, on charges of sedition and threatening national
unity raised serious questions concerning the Government's
attitude towards the political aspirations of black
Mauritanians . Many see these arrests as evidence of the
Government's intention to maintain the domination of the Maurs.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

195

MAURITANIA

b. Disappearance

There were no cases of politically inspired disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Mauritanian law prohibits the use of torture, and there is no
evidence that it was practiced in 1986. However, extended
confinement is sometimes used to encourage self-incrimination.
Some political prisoners released in late 1984 charged that
they had been tortured under the previous Haidalla regime. At
the beginning of l'^87, there were reports that the Toucouleur
prisoners had been denied visits by family members. The
Ministry of the Interior is actively cooperating with the newly
founded Mauritanian Human Rights League to ensure the proper
treatment of detainees.

d. Arbitrary Arrest, Detention, or Exile

Mauritanian law guarantees expeditious arraignment and trial,
access to legal counsel, and the right of appeal. However, an
inadequate and underfinanced judicial system results in
suspects being held regularly for long periods before trial.
Moreover, under legislation enacted before the 1973 coup, the
authorities have the prerogative to detain, without trial or
appeal, anyone judged to be a threat to national security.
Such detainees are usually confined to their residences but can
also be detained in prisons, which exist in both Nouakchott and
Jereida for more serious cases.

As many as eight government officials and businessmen closely
associated with former President Haidalla were detained along
with him at the time of the coup in 1984. Four of these men,
as well as Haidalla, are still under house arrest or in prison,
with no formal charges having been brought against them.
Internal exile, loosely supervised, is the normal method for
removing opposition from the political arena.

Although the Government remains opposed to slavery and has
established a commission to implement abolition measures,
notably the 1980 Declaration, vestiges of the practice still
remain. In the spring of 1985, the United Nations Human Rights
Commission released a report on slavery in Mauritania, based on
a 1984 visit by a commission representative. The report
criticized the continued existence of slavery, especially in
rural areas, but acknowledged the Government's intent to
eradicate it, e.g., through government-sponsored resettlement
programs. It is impossible to verify an estimate of the number
of persons remaining in servitude. The institution still
persists largely in southern Mauritania, where it originated in
historic conflicts between nomads and sedentary groups. Under
the form of slavery in Mauritania, slaves are legally free to
leave but most do not either because their ancestors have
worked for the same families for generations without pay or
because of economic hardship outside the system. Freed slaves
may choose to remain in servitude in exchange for bread and
board. Slavery and the acceptance of such attitudes are deeply
ingrained by historical circumstances, but new economic
conditions and opportunities can engender change. The drought
has had a tremendous impact on slavery, causing many Maurs to
release their slaves because of the deteriorating economic
situation. There is no commercial market for slaves.

196

MAURITANIA

e. Denial of Fair Public Trial

In September the regime arrested 21 prominent Toucouleur blacks
for protesting Maur domination of the political and economic
system. They had circulated a political manifesto, entitled
"Manifesto of the Oppressed Negro-Mauritanian" , embodying their
grievances against Arabization, their concerns about the
adverse effects on blacks of the land tenure law, and their
complaints about the unrepresentative and undemocratic nature
of the Mauritanian Government. This document was circulated
outside Mauritania. The detainees were charged with spreading
falsehoods and hatred and calling for disorder. They committed
no known acts of violence. All 21 were tried and given
sentences ranging from 6 months to 5 years, to be followed by
10 years of internal exile — unusually harsh penalties in a
country where internal exile alone is the preferred method of
treating political prisoners and detainees. Although they were
assigned defense attorneys and were tried in accordance with
Mauritanian law, they were apparently guilty only of nonviolent
political acts and thus must be regarded as political
prisoners. Each of the 21 sentences was confirmed on October
13 by the appeals court. Eighteen other persons arrested in
the course of the public disturbances associated with the trial
of the Toucouleurs are currently under detention awaiting
trial. A large number of Toucouleurs, mostly intellectuals and
professionals, were taken into custody, questioned, and
released during September, October, and November.
Additionally, in the wake of the trials some ranking Toucouleur
officials, including the Secretary General of the Ministry of
Defense (since reinstated), were dismissed from their jobs.

Former President Haidalla released a number of political
prisoners shortly before his ouster. President Taya, in late
1984, released and pardoned all remaining political prisoners
from the Haidalla regime. Those whose goods were confiscated
at the time of their detention had their belongings restored by
the Government. Although President Taya also invited all
exiles to return home to Mauritania, only a limited number have
done so. The current estimate of 26 political prisoners
includes former President Haidalla and 4 of his supporters and
the 21 Toucouleurs sentenced in September 1986.

The Shari'a Islamic Code, as instituted in Mauritania in 1980,
covers adultery, theft of personal property, and murder. A
Muslim judge presides over a jury chosen by the governor of the
region. The defendant has a right to counsel and can appeal a
guilty verdict to the Supreme Islamic Court within 15 days.
Circumstantial evidence cannot be admitted as proof of guilt.
Admission of guilt is sometimes obtained in the context of a
promised reduction in punishment. Inability to convince the
sitting magistrate that the Government's charges are in error
is in itself considered by the courts as a legal admission of
guilt, as is the convincing testimony of a firsthand witness or
codefendant. All sentences must be approved by the President.
Opposition to the Shari'a has been expressed most often by
blacks and women, who believe that the Shari'a code favors the
Maur way of life. Although a strict interpretation of the
Shari'a in earlier years produced communal tension, the issue
has largely passed from public debate due to moderate
implementation.

f . Arbitrary Interference with Privacy, Family, Home, or

Correspondence

Government interference in private affairs, save in instances
where treason is suspected, is limited. Reflecting the nomadic

197

MAURITANIA

penchant for privacy and the sanctity of confidences, the lack
of sophisticated equipment to undertake surveillance, and the
isolation of many parts of the country, the Government normally
limits its surveillance to patrols on major highways,
occasional nighttime inspections of vehicular traffic, and
inspections of mail suspected of containing currency or
prohibited items.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The freedom of speech and press is restricted. Political
expression is tightly controllec . Most Mauritanians are
careful not to propagate antigovernment opinions. Private
discussion is lively in family and clan networks, which act as
vehicles for communicating complaints and airing dissent, as do
the Structure for the Education of the Masses. The nomadic
tradition also provides for candid expressions of concern to
the leadership. In fact, both Presidents Taya and Haidalla
invited discussion of governmental policies from local leaders
during visits to rural areas. In practice, the Government is
particularly reactive to expressions of ethnic or racial
discontent and criticism of the regime's basic policies or
legitimacy, as evidenced by the recent convictions of the black
dissidents .

Mauritania's only newspaper, news agency, and radio/television
station are government operated. The Government does not
permit criticism of its policies or authority, and editorial
content of the media is controlled. International news
magazines and newspapers generally circulate freely in
Mauritania. Shortwave broadcasts and Senegalese television are
followed openly.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly has been suspended since 1978 when civilian
rule was ended by a military coup. The Government strictly
enforces its prohibition of public meetings addressing
political themes. In September minor civic disturbances,
kindled by the arrests of black leaders, were suppressed
swiftly by armed police and the use of tear gas. In addition,
as part of the large scale crackdown on the Toucouleur
community carried out in the second half of 1986, authorities
banned meetings of black self-help groups and cultural
associations, and even checked on large black family gatherings
such as weddings. Later in the year, however, large
demonstrations were permitted in the campaigns for communal
councils .

Labor unions were the only nationwide organizations with any
political impact that were not dissolved following the 1978
coup. Labor unions are grouped in a national organization, the
Mauritanian Workers Union (UTM), which is allowed a large
measure of freedom in its organizational efforts. The UTM is
associated with a number of regional and international labor
organizations, and its officials are permitted to travel to
attend international labor meetings. Union leaders are free to
take positions on international labor matters within the
confines of Mauritania's basic foreign policies.

Individual labor unions have the right to organize but are
recognized only when they register with the UTM and accept an

198

MAURITANIA

appointed director general. Wages are set through an informal
bargaining arrangement involving individual unions, the UTM,
employers, and the Government. Union officials claim that
total union membership has reached 30,000 members. Union
membership is not universal; workers must pay an annual
membership fee of $4, but the Government indirectly finances
most union activities. The right to strike exists in theory,
but is greatly restricted in practice, and an extended strike
would probably be strongly opposed by the Government. There
have been two brief strikes in recent years.

c. Freedom of Religion

Islam is the official religion of Mauritania, and the country's
official name is the Islamic Republic of Mauritania. Virtually
all citizens are Muslim. Proselytizing and the construction of
churches and other non-Islamic houses of worship are prohibited
without government permission. Mauritania's small Roman
Catholic community has been granted permission in several
instances to build churches. A number of Catholic churches
operate freely. Mauritanian Muslims are prohibited from
entering non-Islamic houses of worship and from converting to
another faith.

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within the country,
although travelers are frequently subjected to routine police
checks. Temporary curfews have been imposed several times
during emergency situations, most recently following the 1984
"restructuring" of the Military Committee for National
Salvation. As a result of the endemic drought, large numbers
of former nomads and oasis dwellers have migrated to urban
areas, swelling the population of the towns and surrounding
shanty villages.

In 1985 the Government ended the requirement that Mauritanians
must have an exit visa before traveling abroad. A few
Mauritanian officials have fled the country because of
political opposition to the Government. Conflict in the
Western Sahara between Morocco and the Polisario Front has led
to a small immigration of refugees into Nouadhibou and other
northern towns, but there are no acknowledged political
refugees in Mauritania.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political power rests in the hands of a military junta. Ethnic
diversity is marked, and the sense of national identity weak.
In the official view, underdevelopment and potential ethnic
conflicts require limits on political rights. Ethnically based
political movements are particularly feared, as shown by the
strong reaction to Toucouleur dissidents in 1986. Black
opponents of the regime accuse it of forcibly perpetuating Maur
dominance of the political system. Many observers are
convinced that the Government intends to ensure Maur dominance
by quickly breaking the back of any black dissident movement.

The Military Committee for National Salvation remains the
"custodian of the nation's sovereignty." All executive and
legislative functions reside with this Committee. Membership
is limited to military officers and is automatically conferred

199

MAURITANIA

on incumbents of ministerial positions and important military
and security posts. In ethnic terms, the MCNS is predominantly
Maur, although several blacks are members as well. The most
prominent black on the MCNS lost his position in the wake of
the 1986 Toucouleur arrests. The right of citizens to change
their Government has not existed since 1978, when Mauritania's
military ended all democratic procedures and abolished the
country's sole political party.

As promised by President Taya, municipal elections were held in
December 1986. Slates of candidates for communal councils were
organized in Nouakchott and in all 12 regional capitals. While
in a few cases only one slate came forward, the elections were
generally contested by several slates in each city. The
process was tightly controlled — political debate on national
issues was forbidden, and the makeup of the slates was required
to reflect ethnic and tribal balances. The balloting itself
was orderly and free of interference, although administrative
problems prevented some persons from voting. Results were
announced promptly. The communal councils elected in December
will choose mayors and deputy mayors from their ranks. The
councils are new institutions, and their authorities and
relationship to the central administration are as yet unclear.

December 1986 marked the first time contested elections have
ever been held in Mauritania. That the municipal elections
evinced such evident enthusiasm and was carried out in an
orderly, successful manner may auger well for the regime's
stated policy of a gradual return to civilian, representative
government and should be regarded as an advance in human rights
terms .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is sensitive to criticism on human rights and
has been cooperative with the U.N. Human Rights Commission's
working group on slavery, inviting the Comission to send a
representative to Mauritania in 1984. An official response to
the Commission's 1985 report is scheduled for release in 1987.
The Government is also aware of continuing Amnesty
International concerns over a number of human rights issues.
The Taya regime gave permission in 1986 for the founding of
Mauritania's first organization dedicated to the protection of
human rights, the Mauritanian Human Rights League. The
League's primary concern is to address the means by which the
Government can eliminate the last vestiges of slavery and
provide an economic basis for the advancement of former
slaves. Other stated concerns include the status of women's
rights, the uniform application of the Shari'a law, and the
prevention of abuses similar to those which occurred under the
Haidalla regime.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Mauritania is situated geographically and culturally on the
divide between the nomadic Arabic-speaking Maurs of the north
and the sedentary blacks of the African south. The interaction
of these two groups produces the complex cultural diversity
which fuels ethnic/racial tensions inherent in Mauritanian
society. Recent movements of the nomads to the south as a
result of drought have greatly exacerbated tensions.

200

MAURITANIA

culminating in the 1986 arrests of black leaders.
Historically, and since independence in 1960, the Maurs have
dominated the political and economic system. The Maurs claim
they are still a demographic majority, whose mother tongue is
Hassaniya Arabic, but blacks believe they now constitute a
majority and are entitled to more political representation.
There are no statistics to back up either claim, although most
foreign observers believe that blacks represent a substantial
and growing proportion of the population. The black population
is represented at all levels of government but is
underrepresented in terms of its proportion of the population.
Many blacks also believe that Maur domination in government,
state enterprises, business, and religious institutions is a
result of racial discrimination. Their grievances include such
issues as language (Arabization and the use of French) ,
educational opportunities, and land reform. A controversial
land tenure bill is, for example, viewed by some as a means by
which wealthy, urban Maurs can appropriate profitable land
along the Senegal River basin, traditionally the homeland of
Mauritania's black population.

Although Mauritanian women are legally free to participate
fully in governmental affairs and private business, traditional
values and practices limit the scope of their activities. A
small number of women have risen to important positions in the
fields of health and education or hold midlevel government
positions. Large numbers of women turned out both as
supporters in political rallies and as voters in the December
elections. Even though few women were candidates on the
slates, their active participation in the political process is
apparently being encouraged.

CONDITIONS OF LABOR

Mauritania, with a population estimated at 1.8 million and an
annual growth rate approaching 3 percent, has one of the lowest
standards of living in the world. Its economy is characterized
by a sharp contrast between the modern, internationally
oriented mining and fisheries sector in the north and central
regions and the very underdeveloped subsistence livestock and
agricultural sector of the south, in which the majority of the
population is engaged. Although estimates for unemployment
vary from 50 to 90 percent, it is impossible to judge the
situation accurately, given the rural nature of the economy.
Many Mauritanian workers go abroad for work, but Mauritania
also receives substantial numbers of workers from neighboring
countries .

While education is not compulsory in Mauritania, no child may
be employed before the age of 14 without the express permission
of the Minister of Labor and National Labor Council. The
standard minimum age of employment in nonagricultural
enterprises is 15 years. The labor code does not address
conditions of employment for family members in agriculture or
animal husbandry, which is largely outside the cash economy and
accounts for 95 percent of non-Government economic activity in
Mauritania. Although there are no figures available, the use
of child labor (except in the family-owned agricultural sector)
is not thought to be widespread due to massive unemployment
among adult males. There is a guaranteed minimum wage,
established in 1985 for unskilled workers and for agricultural
workers and in 1984 for skilled workers. Information on actual
wage levels is scanty and often unreliable.

201

MAURITANIA

The standard nonagricultural workweek in Mauritania is not to
exceed 40 hours, nor 6 days per week. Enforcement of labor
laws is the responsibility of the labor inspectorate. Ministry
of Labor. Disputes over labor issues are heard before special
three-person labor courts which are overseen jointly by the
Ministries of Justice and Labor. These courts are regarded by
labor union leadership as unbiased and effective.

202

U.S.0VERSE4S

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: MAURITANIA

^93l^

1985

1936

I.ECON

A. AID

(SE

3.F00

TITLE

?EPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS. . .

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

OTAL

N $-LOANS

FOR. CURR

TOTAL ,

.EC.DEV i WFP,

EF AGENCY

CON. ASSIST..,

CE CORPS.
COTICS..,
ER ,

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A. MAP GRANTS ,

a. CREDIT FINANCING..
:.INTL MIL.ED.TRN3..
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOAMS ,

GRANTS ,

13.9

20.3

5.8

0.0

13.9

20.3

5.8

4.9

11.4

4.1

0.0

4.9

11.4

4.1

0.0

7.4

0.0

7.4

0.0

7.4

0.0

5.5

5.0

0.0

1.9

2.4

0.0

1.6

1.5

1.7

0.0

1.6

1.5

1.7

1.6

1.5

1.7

0.0

0.1

0.3

0.0

0.1

0.0

3.0

0.0

0.1

3.1

0.1

0.0

14.0

20.4

5.9

0.0

14.0

20.4

5.9

OTHER US LOANS. ..,
EX-IM bank; LOANS.
ALL OTHER ,

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

9.8

32.6

27.6

452.0

iai?D

0.0

20.0

146.0

IFC

0.0

1 .2

0.0

19.1

IDA

8.1

29.2

7.6

123.7

103

0.0

.0.0

AD3

D.O

0.0

AFOB

0.0

1.3

0.0

38.4

UNDP

1.7

0.9

0.0

21.9

OHER-UN

3.0

0.0

6.6

ee:

0.0

96.3

203

MAURITIUS

Mauritius is a small, densely populated island country with a
functioning parliamentary democracy modeled after that of
Great Britain. It is governed by a Prime Minister, Council of
Ministers, and Legislative Assembly. The Governor General,
with largely ceremonial powers, represents Queen Elizabeth II,
the titular Head of State. Elections at national and local
levels take place at regular intervals. There are five major
political parties, which reflect a wide range of ideological
views, and several smaller parties. Executive power has
changed hands twice in the last 5 years through fair and
orderly elections supervised by an independent commission.
Municipal elections in 1985 returned the main opposition party
to power in Mauritius' five largest cities.

Mauritius has no military forces and depends on the
paramilitary 700-man Special Mobile Force and the 200-man
Police Riot Unit for internal security. These forces, under
the command of the Commissioner of Police, are apolitical,
well-trained, and backed by a general duty police force of
approximately 4,000 men.

Mauritius has a mixed economy, based on sugar production,
tourism, and textiles, with a strong private sector. In 1986
the economy continued its recovery, registering a 5.5 percent
growth rate and creation of some 20,000 jobs. Mauritius
maintained readjustment policies in line with assistance from
the International Monetary Fund and the World Bank.

Political and civil rights, including the freedoms of speech
and press, are protected under the Mauritian Constitution and
exercised in practice. There are 290 labor unions which enjoy
considerable freedom in contract negotiations and within the
political arena, although their right to strike is limited by
law. Religious freedom is respected in this society which has
large Hindu, Christian, and Muslim populations. An
independent judiciary administers a legal system patterned on
the British model. Since independence in 1968, there have
been no reports of political killings, disappearance, torture,
or degrading treatment of prisoners.

RESPECT FOR HUMAN RIGHTS

Section I Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of disappearance of persons for
political causes.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and inhuman punishment are prohibited by law, and
there were no reports of degrading treatment or punishment.
Prisons, however, are badly overcrowded. The situation was
exacerbated in 1986 by Government efforts to cope with
increased narcotics trafficking. According to local press
accounts, over 1,000 people were arrested during the period

204

MAURITIUS

of January-September 1986 for possessing narcotic substances.
Figures are not available for the nxomber of those arrested who
were subsequently imprisoned. The Government is sensitive to
prison conditions and is publicly committed to their
improvement. A British prisons expert arrived in September to
conduct a study of prison conditions and make recommendations
to the Government for the alleviation of current problems.

d. Arbitrary Arrest, Detention, or Exile

There have been no reports of arbitrary arrests or detentions
since the early 1970 's. Detained persons have the right to a
judicial determination of the legality of their detention. In
practice, this determination is usually made within 24 hours.
Bail is commonly granted. The Supreme Court recently ruled
invalid a section of the "Dangerous Drugs Act" of 1986 which
had provided that any person arrested under the provisions of
Clause 46 of the Act could be detained in prison until the
conclusion of the judicial process. According to the press,
the practice of incarcerating those found in possession of
narcotic substances was established in September 1986. The
Supreme Court has been petitioned to rule on the
constitutionality of Clause 46.

Exile is legally prohibited. The Constitution prohibits any
form of forced or compulsory labor.

e. Denial of Fair Public Trial

Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Queen's Privy Council in the United Kingdom and is routinely
made in the case of death sentences. There are no political
or military courts. The legal system has consistently
provided fair, public trials to those charged with crimes.
Defendants have the right to private or court-appointed
counsel. The judiciary is also charged under the Constitution
with ensuring that new laws are consistent with democratic
practice. Commissions of Inquiry are frequently established
to examine various issues of social or political concern. The
commissions, routinely chaired by distinguished jurists,
conduct hearings, subpoena witnesses, and present their
findings to the Government for corrective action when
wrongdoing has been discovered. Commission proceedings are
conducted in public and reported fully by the press. The
findings, however, are conveyed to the Government in
classified reports that are not routinely made public unless
or until the Government decides to take action against an
accused party. During 1986, one Commission of Inquiry
examined in detail the operation of the Public Service
Commission for local governments, a body charged with ensuring
that appointments to local government positions are made on
the basis of merit rather than as a result of political
influence. A second Commission focused on drug trafficking
and consumption. It is unclear whether judicial action will
result from evidence gleaned during the inc[uiry on drugs, some
of which concerns parliamentarians suspected of involvement in
drug trafficking.

■f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The sanctity of the home is guaranteed by law and generally
respected in practice. The search of personal property or

205

MAURITIUS

premises is allowed only under clearly specified conditions by
court order or by police decision if an illegal act has been
committed. There have been reports from reliable sources that
the Government's intelligence apparatus occasionally opens
mail and carries out surveillance of local opposition leaders
and other major figures.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press is protected by the Constitution
and by local tradition. Sixteen privately owned daily,
weekly, and monthly newspapers present varying political
viewpoints and freely express partisan views. Newspapers are
subject only to the legal constraints of libel laws. There is
one television station and two radio channels (one strictly
educational) broadcasting in five languages. The television
and radio are reasonably objective in news and entertainment
presentation, although opposition politicians occasionally
accuse the broadcasting corporation of political bias in its
news coverage. Television and radio broadcasts are also
easily received from the nearby island of Reunion (a French
Department) and are subject to no interference by the
Government. However, any foreign satellite broadcasts, or
programs from foreign sources, which are considered
"controversial" are subject to approval by the Cabinet of
Ministers before transmission on local television or radio.

In March 1985, the Legislative Assembly passed an act which
made it a felony to charge without proof in speech or print
that a government minister was corrupt in exercising official
functions. The first offense brings a $600 fine; the second,
3 years in prison. Although the act remains in force, it has
yet to be used to prosecute anyone.

b. Freedom of Peaceful Assembly and Association

Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations.
Mauritius has a multitude of such private organizations.
Political, cultural, and religious assemblies are
commonplace. Although police permission is required for
holding demonstrations and mass meetings, such permission is
rarely refused. May Day rallies held in 1986 by all major
political parties attracted a total of 30,000 supporters.

Mauritius has an active trade union movement. Almost 300
unions represent 90,000 workers, more than one-fourth of the
work force. Unions are free to organize workers in all
sectors, including the Export Processing Zone (EPZ) which
employs about 66,000 workers. Unions can press wage demands,
establish ties to domestic political parties and international
organizations, and address political issues. One leading
federation actively supports the opposition party. The
largest confederation, the Mauritian Labor Congress, is a
member of the International Confederation of Free Trade
Unions. In theory, unions have the right to strike. However,
in labor disputes, the Industrial Relations Act requires a
prestrike, 21-day cooling-off period followed by binding
arbitration, which has the effect of making most strikes
illegal .

206

MAURITIUS

c. Freedom of Religion

There is no official state religion in Mauritius. Hindus,
Christians, Muslims, Buddhists, and others openly practice,
teach, and proselytize their religions without prejudice. All
religious institutions receive state subsidies in proportion
to their memberships. There is no state-sanctioned
discrimination against any ethnic or religious community.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on full freedom of movement within
the country. Foreign travel, emigration, and repatriation are
also unrestricted.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Mauritius is governed by a freely elected, unicameral
Legislative Assembly, with executive direction coming from a
Council of Ministers, currently headed by Prime Minister
Anerood Jugnauth. The Governor General has the right to
designate the person charged with forming a new government
following parliamentary elections or a parliamentary crisis.
Parliamentary, municipal, and village council elections are
held at regular intervals. Voting and running for office are
rights of all citizens 18 years of age and over. In the
Legislative Assembly, 8 of the 70 members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing coalition consists of 5 parties and officially
controls a majority of the 70 seats. Political parties often
match the ethnicitj^ or religion of their candidates to the
composition of particular electoral constituences . There have
been allegations that certain groups, including Muslims, are
underrepresentated in the civil service. The December 1985
elections were supervised by an independent commission and
were preceded by intense campaigning, including regular public
rallies .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

There have been no known requests by international
organizations to investigate human rights violations in
Mauritius. Amnesty International maintains two branches in
Mauritius. There are several local human rights groups which
address the internal situation in Mauritius without government
intrusion.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women in Mauritius participate in all types of political,
business, and social activities, and a few hold important
positions. Nonetheless, traditional ethnic and religious
attitudes prevent women from achieving true parity: For
example, only 4 of 70 parliament members and 1 of 19 ministers
are women. The Mauritian Government seeks to improve the
status of women, and recent amendments to laws ranging from
emigration to inheritance have removed sex discriminatory
sections. An interministerial committee headed by the

207

MAURITIUS

Minister of Women's Rights and Family Welfare (a woman) was
formed in April 1985 to address remaining discriminatory
elements in local laws and practices. Discriminatory laws and
regulations remain include a prohibition against women serving
on juries and in the national pension scheme.

Although the Ministry of Women's Rights and Family Welfare was
made into a combined portfolio with labor and industrial
relations in 1986, the Ministry of Women's Rights and Family
Welfare still receives one of the smallest ministerial
allocations — only $380,000 in the 1986-87 budget. The
illiteracy rate for women (20 percent in 1983) is about twice
that of men. While women are highly sought for employment in
manufacturing plants, they tend to occupy the less skilled and
lower paid positions and are particularly susceptible to
layoffs during economic downturns. The average industrial
salary for women is about 50 percent that of men. The
Minister for Labor and Industrial Relations, Women's Rights
and Family Welfare has indicated, however, that middle
management training for women is one of her ministry's
priorities .

CONDITIONS OF LABOR

Conditions of employment in Mauritius, including wage and
leave conditions, are generally sufficient to afford an
acceptable standard of living for workers in the agricultural,
service, and manufacturing sectors. Government, private
welfare groups, and labor unions serve as watchdogs on
potential employer abuses. A maximum workweek of 45 hours is
allowed, and children below the age of 14 cannot be legally
employed, although scattered cases of child labor have been
reported. The Government mandates minimum wage increases each
year based on inflation. It also operates an unemployment
insurance program and a social security fund, although an
effective social safety net does not yet exist. The rapid
transfer of workers out of traditional sectors into the
industrial work force has caused some social displacement, and
occasional disputes have arisen between workers and
employers — especially foreign managers — in the EPZ and other
industrial sectors. These growing pains seem to be declining
as foreign employers adjust to their Mauritian workforce and
new workers learn industrial discipline.

208

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRf: MAURITIUS

1984

1935

1986

I.ECON.
LO
6R
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.).. ■

FOR PEACE

ANS

ANTS

1-TOTAL

. IN $-LOANS....,

IN FOR. CURR

II-TOTAL

lEF.EC.OEV ■>A WFP.
ELIEF AGENCY.. .. ,
R ECON. ASSIST...

ANS

ANTS ,

PEACE CORPS

NARCOTICS ,

OTHER ,

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

a. MAP GRANTS

B. CREDIT FINANCING....
C.INTL MIL.ED.TRNG....
5.TRAN-EKCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS....

MIL.. .

4.3

7.2

2.1

0.3

0.0

4.8

7.2

2.1

4.0

7.2

2.1

0.0

4.0

7.2

2.1

4.0

7.0

1.9

0.8

0.0

0.8

0.0

0.8

3.0

0.8

0.0

0.3

0.0

, 0.0

0.0

O.D

0.0 /

0.0

0.3

0.0

4.8

7.2

2.1

0.0

3.0

0.0

4.3

7.2

2.1

TOTAL

65.1

1.1

36.0

315.8

I3R0

60.2

0.0

30.0

226.2

if:

0.0

6.0

6.5

IDA

0.0

20.2

ID3

3.0

0.0

A03

0.0

AFDB

4.2

0.0

. 0.0

24.0

UNDP

0.7

1.1

0.0

15.3

OHER-UN

3.0

o.'o

0.0

2.3

EEC

0.0

21.3

OTHER US LOANS.......... 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.3

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

209

MOZAMBIQUE

Mozambique gained independence from Portugal in 1975 following
a decade of guerrilla warfare waged by the Front for the
Liberation of Mozambique (FRELIMO) . The political bureau of
FRELIMO, the only party allowed, is the key decisionmaking
organ, and it articulates government policies. Following
President Samora Machel's death in an aircraft crash October
19, the Central Committee of FRELIMO elected Foreign Minister
Joaquim Chissano as the new President and head of FRELIMO. The
President appointed a new Council of Ministers which is
responsible for the day-to-day operations of the Government.
The security forces include the military, the People's Forces
for the Liberation of Mozambique (FPLM); and the Mozambican
Security Service (SNASP) . A self-proclaimed nonaligned,
nationalist, and Marxist-Leninist party at independence,
FRELIMO' s approach is increasingly pragmatic, aimed at dealing
with the economic and political realities of catastrophic
drought and growing civil war, which together have uprooted
thousands of people, destroyed much of the economic and social
infrastructure, and caused widespread casualties.

Since the late 1970 's the Mozambican National Resistance
(RENAMO) has waged an increasingly violent guerrilla war
against the Government. The insurgents' preferred target is
the economic infrastructure, but their tactics have resulted in
the deaths of thousands of civilians. Little is known about
its popular support or its political aims, but RENAMO claims to
have 20,000 troops, and in the past 2 years it has become
active in all Mozambican provinces. Originally RENAMO was the
creation of Ian Smith's Rhodesian regime; more recently, it has
received extensive support from South Africa. The Government
has responded to the growing insurgency by applying aggressive
security measures of its own and seeking diplomatic and
military help from neighboring states, principally Zimbabwe,
which in December 1986 had over 6,000 combat troops in
Mozambique. Earlier, the Machel Government attempted to cut
off South African assistance to RENAMO through the March 1984,
Nkomati Accord with South Africa which committed both countries
to cease hostile acts against the other and to search for ways
to increase economic cooperation. At the end of 1986,
President Chissano accused South Africa of airlifting supplies
to RENAMO forces in violation of this nonaggression pact. On
the economic front, to meet the growing threat of famine and
spiraling inflation, the Government turned to the West for food
aid and economic assistance, and the President announced he
would institute a major economic "austerity" program.

Against this background, the overall human rights situation
deteriorated in 1986 due to the insurgency. By the end of
1986, nearly 1 million Mozambicans of a population of 14
million had fled either to the cities or to neighboring
countries. In September alone, over 400,000 persons were
displaced. In addition to abuses by RENAMO forces, FPLM and
SNASP forces committed excesses against civilians. There have
been no reports of public and summary executions by the
Government since 1983, but there are continuing allegations of
torture by both guerrilla and government forces.

Despite the difficult circumstances, the first elections since
1977 took place between August 15 and December 15, 1986, to
choose representatives to local, district, provincial, and
national people's assemblies. The elections were held within
the framework of the country's one-party system.

210

MOZAMBIQUE

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom From:

a. Political Killing

The continuing war between the Government and RENAMO has led to
the death of many Mozambicans as well as a number of foreign
civilians. Precise figures are unavailable, and both sides
exaggerate accusations against each other. The total number of
fatalities over the past few years is certainly in the
thousands. The insurgents in particular have been brutally
violent, mutilating, killing, maiming, and kidnaping their
victims. For example, according to reliable reports, RENAMO
ambushed a commercial bus in February, killing 7 unarmed
civilians and wounding 20. RENAMO also killed a number of
civilians during August and September, apparently in an effort
to impede the electoral process through intimidation. RENAMO
has charged, however, that on several occasions FRELIMO forces
perpetrated killings of civilians and then blamed the killings
on RENAMO. In addition, there is a large gray area involving
killings by actual bandits or renegade FPLM or RENAMO
personnel, such as in 1986 actions in Matola, Machava, and
Catembe near Maputo. Indiscipline among both RENAMO and FPLM
forces remains a major problem. The Government has continued
aggressive efforts to combat RENAMO, and government military
operations have reportedly resulted in the killing of civilians
in contested areas.

Amnesty International's 1986 Report (covering 1985) notes that
it had received reports of killings and mutilations of captives
by both government and opposition forces. The Council of
Catholic Bishops in Mozambique has publicly decried the
violence perpetrated against the civilian population by both
sides. In 1986 the Government halted public execution of
insurgents and those convicted of economic sabotage or other
crimes against the State.

b. Disappearance

There were no confirmed reports of government-perpetrated
disappearances. However, the Government's commitment to the
prompt notification of relatives and friends of detained
persons remains suspect, and it is often impossible to know
whether a person has disappeared or is in detention. Security
forces, operating under security legislation, sometimes hold
detainees incommunicado for extended periods, despite the fact
that detainees have the legal right to contact their relatives
and to receive visitors. The Government's observance of this
right improved in 1986, mainly due to President Machel ' s public
campaign in 1985 to safeguard the legal rights of detainees.

RENAMO has reportedly abducted thousands of rural villagers and
continued these kidnapings throughout 1986. Some of these
people were released after being required to transport
materials or perform other tasks. Others were held permanently
in' rural areas outside of formal government control. RENAMO
also increased the kidnaping of foreigners, but in August it
released 5 Portuguese and Italian nuns, and in December another
65 hostages. RENAMO 's seizure of foreign personnel seriously
stymied U.N. and other donor food relief efforts.

211

MOZAMBIQUE

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In the early years after independence, according to nximerous
reports, political prisoners at remote government-organized
"reeducation camps" were brutally bound, beaten, and often
killed. These camps were used to intern political prisoners
and "antisocial elements." Starting in 1979, however, the
Government promulgated laws establishing a formal judicial
system. In 1981 President Machel declared that henceforth no
one would be sent to a reeducation camp without due process.
Also in 1981, the President launched the "offensive for
legality," which led, inter alia, to the firing of a number of
security and defense force members for abusing prisoners.

Most observers believe there were fewer instances of torture in
1986, thus maintaining a downward trend. Nevertheless, there
were new reports in 1986 of capricious and cruel treatment by
some members of the security and defense forces. Amnesty
International's 1986 Report noted that harsh beatings,
inflicted with a variety of instruments, were the most
frequently reported form of torture in 1985. In this
connection, the Government reintroduced the practice of
flogging (for example as punishment for economic crimes), and
flogging is used extensively in rural areas where incarceration
is difficult. Ministry of Justice officials have publicly
condemned excessive and illegal floggings.

According to numerous reports, including Amnesty
International's 1986 Report, RENAMO has tortured, maimed, and
mistreated both military prisoners and civilians. A
frequently reported RENAMO technique is to cut off the noses,
ears, and lips of civilians believed by the insurgents to
sympathize with the Government. Thousands of Mozambicans have
undergone such disfigurement.

Prisons in Mozambique are generally overcrowded and marked

by inadequate food, hygiene, and medical care. The Government

has sought foreign assistance to improve prison conditions.

d. Arbitrary Arrest, Detention, or Exile

Since 1979 two separate legal systems have existed. One is the
regular civil/criminal system composed of the judiciary
(courts) and a police force under the authority of the Ministry
of the Interior. The other, characterized in its initiating
legislation as transitional, is the military-run State Security
System, which incorporates the Ministry of National Security
(SNASP). This latter system, established to deal with the
growing armed insurgency, has jurisdiction over both political
and economic (sabotage) crimes against the State. These two
systems operate separately and are subject to separate controls.

Under the State Security System, all investigations and arrests
are carried out by SNASP, and detainees may be held
indefinitely, often incommunicado, without formal charges.
SNASP has the power to conduct pretrial inquiries without
reference to an investigating judge. Amnesty International has
recommended that SNASP ' s power to detain persons be drastically
reduced because such unlimited authority invites abuse and
leads to prisoner mistreatment. There are no reliable
estimates of the numbers of persons detained for political
reasons. Amnesty International estimated that there were
approximately 4,000 to 5,000 RENAMO detainees at the beginning
of 1986, a figure the Government has publicly acknowledged.

212

MOZAMBIQUE

Under the regular civil/criminal court system, persons accused
of the most serious crimes can be detained up to 84 days
without investigation, and then such detainees can be held for
two additional periods of 84 days with the approval of the
court while the police complete their investigation. While
being held for investigation, a detainee has the right to
counsel and to contact relatives or friends. In practice,
these procedures are not always followed, and legal counsel is
frequently not available. In some cases, detainees may be
released from prison while the investigation proceeds, but the
bail system in Mozambique remains ill-defined. If the
prescribed period for investigation has been completed and no
charges have been brought, the detainee must be released.

In 1985, as part of the "offensive for legality," the
Government set up a judicial inspectorate to help supervise the
administration of courts and prisons. During 1986 the Ministry
of Justice continued its effort to ensure that detainees held
by police were afforded access to government-provided legal
assistance. The Ministry of Justice also launched programs to
publicize basic laws and the rights of defendants, families,
and children, and to conduct seminars on human rights
throughout the country. During 1986 there were no reports of
anyone being exiled from Mozambique.

As far as is known, compulsory labor is not practiced in
Mozambique, although RENAMO reportedly uses captive labor to
carry out supply and other support functions.

e. Denial of Fair Public Trial

Nonpolitical trials conducted by the regular civil/criminal
court system are generally fair and are held in public. At the
local level they are often conducted in a public place in the
village where the crime was allegedly committed to encourage
public attendance and participation. The proceedings are
conducted by a trained representative of the Ministry of
Justice, assisted by two or four popularly elected "judges."
Since the legal knowledge of those involved is limited, they
are instructed to exercise common sense and to apply locally
accepted principles. These courts can handle only minor
offenses; more serious crimes are judged in People's Courts at
the district and provincial levels. District and provincial
trials are also open to the public, except in certain cases
such as rape, where the defendant can request a closed trial.
Persons convicted of a serious crime have the automatic right
of appeal to the next higher court. There is a Superior Court
of Appeals in Maputo.

Prisoners charged with crimes against the State are tried by
the Revolutionary Military Tribunal. These trials are held in
camera, and there is no recourse of appeal. In general,
treatment of RENAMO prisoners is not known. However, there is
a model prison for them in Inhambane where they receive
training in various skills. The length of detention of such
prisoners is not known.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

While the party apparatus is a vehicle for monitoring daily
life, in practice there is no gross interference with family
affairs. However, especially in areas of active insurgency,
homes are entered at will by security or police forces. It is
widely assumed that surveillance devices are employed to

213

MOZAMBIQUE

monitor the local and international telecommunications
systems. There have also been reports of tcimpering with mail,
especially mail from abroad. Regular foreign broadcasts are
received without interference, and there is no official
restriction on listening to them.

While people are not forced to belong to FRELIMO, there is an
obvious correlation between professional advancement and party
membership. Nonparty members are also occasionally compelled
to attend political indoctrination meetings where they work or
live, although in most private firms such meetings apparently
cannot be called without the consent of the employer.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There is little tolerance for public criticism of basic
government policies and officials at the national level. At
the local level, especially in rural areas, there is greater
openness as the people express their views on prevailing
conditions. In a public meeting in Matola, for example,
residents criticized the armed forces for lack of security at
night .

The Government exerts either tacit or de facto control over all
authorized publications in the country, ranging from the radio
and experimental television facilities to the nominally
independent daily Noticias. Although the media promote the
Government's general philosophy and its positions on issues,
there is controlled reporting on abuses within the system or
flaws in the implementation of government policies in those
areas where the Government has admitted to errors or wishes to
initiate changes. Magazines and newspapers frequently contain
articles or letters to the editor complaining about the lack of
goods and social services or the ineffectiveness of a
particular official. During August and September, the media
reported a number of critical exchanges between local electoral
candidates and voters.

Western journalists (including Americans) are welcome in
Mozambique, and the Government generally works to make their
visits productive.

b. Freedom of Peaceful Assembly and Association

Political opposition to the Government and to FRELIMO is not
permitted. Public meetings other than purely social or
recreational gatherings are controlled by the local
authorities. The right of Mozambicans to come together to form
voluntary associations is limited; local economic cooperatives
and social organizations such as sporting groups are
encouraged, but politically oriented associations are
proscribed. The Government has organized several "mass
movements" for women, youth, workers, etc., and utilizes them
to motivate and receive "feedback" from the general population.
There are also several professional associations, such as the
Mozambican writers' association, which are linked to the
party. Although membership in these organizations is
theoretically voluntary, there is occasional pressure to join.

The formation of independent labor unions is not permitted, and
strikes are forbidden. In 1983 the Government established the
Mozambique Workers' Organization which was intended to function
as a national labor union under FRELIMO guidance. An

214

MOZAMBIQUE

independent organized union movement has yet to develop, and
the Mozambique Worker's Organization has little influence on
economic policy or politics. There are occasional exchanges of
delegations in the labor field with other countries, most often
with Eastern European countries, but also with Western nations,
including the United States.

c. Freedom of Religion

Although the Constitution guarantees freedom of religion and
separation of church and state, the Government has placed
restrictions on the activities of religious groups. It
reserves the right to decide whether individual church
buildings can be utilized and has nationalized church schools
and hospitals. However, the improvement in church/state
relations which began several years ago continued in 1986, and
organized religions now operate without official harassment.
Pastoral letters issued in 1986 by the Catholic bishops which
were critical of governmental policies circulated widely
without reprisals by the authorities. In addition, the
government-published TEMPO magazine contained two articles
which dealt with the productive role played by Protestant
churches recently in Mozambican society. Some churches are
effective in social work and in acting as channels for the
distribution of emergency food donations to the poorest regions
of the country.

Although the Government reserves the right to decide whether
individual clergy can visit outlying areas, it usually allows
such travel in connection with pastoral duties; most churches
are open, and services are well attended. The Muslims have
also been allowed to establish a national organization, resume
religious training, reopen mosques, and send groups on
pilgrimages to Mecca. Party members are no longer specifically
prohibited from membership in a church or mosque. Critical
comments regarding religious beliefs by the Government are
almost always general in nature and not directed against
specific individuals or churches.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travel and relocation within the country are controlled by
security and employment requirements under the rationale of
assuring public and social order. The insurgency makes travel
in some areas, particularly in the central provinces of Tete,
Zambezia, and Sofala, very difficult. Mozambicans planning to
travel outside their place of residence must obtain a travel
permit from local government authorities. In practice, this
system is not always enforced, especially with regard to travel
within the general vicinity of one's residence.

Mozambican law does not address the issue of emigration, but in
practice Mozambicans can emigrate if they wish. Several
hundred thousand people fled from Mozambique at independence in
1975 because of economic chaos and fear of political
persecution. In recent years, more than 350,000 persons have
fled across borders to neighboring countries, due mainly to the
intensification of the guerrilla war within the central
provinces and the scarcity of food caused by the war and the
prolonged drought which ended only last year. Some of these
people have since returned, but there are still extensive
numbers of Mozambican refugees in neighboring countries. Since
1981 the Government has had a policy of welcoming back
Mozambicans who left the country, and a 1982 law allows for the

215

MOZAMBIQUE

reacquisition of citizenship by Mozambicans who left the
country and assumed another nationality. Previously, some
Mozambicans who had opposed the party before independence were
jailed upon their return to Mozambique. Such imprisonment
remains a possibility, but Mozambicans who in 1986 accepted the
Government's invitation to return apparently have not suffered
harassment or retribution. Supporters of the insurgency or
outspoken critics of the Government generally have opted not to
return to Mozambique.

Since independence, the Government has readily provided asylum
to refugees from neighboring countries. Many thousands of
Zimbabweans resided temporarily in Mozambique during the
struggle for that country's independence. Most refugees now in
Mozambique are from South Africa and Malawi. Since signing the
Nkomati Accord in 1984, the Government has restricted the entry
of members and supporters of the African National Congress.
Despite the poor economic situation, the Government continues
to assist refugees by providing land, housing, relief
assistance, social services, and in some cases, employment.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

No organized political opposition to FRELIMO is allowed. The
party and the Government are controlled by a small cadre of
senior officials in the politburo. So-called mass political
involvement exists at the provincial, district, and local
levels but only within political organizations sanctioned by
FRELIMO. Votes by the National People's Assembly endorsing
government policies are usually unanimous.

The party and Government espouse a system of "People's
Democracy" whereby decisions are theoretically made by
consensus; in practice, this means that policies and
initiatives emanate from above. The electoral process is
closely controlled by the party. The first national elections
since 1977 for people's assemblies at the local, district,
provincial, and national levels were held from August 15 to
December 15. The party drew up single slates of candidates for
the elections, and local party structures reviewed these slates
with the local population prior to the election. Voters at the
village level then physically assembled to vote on the
candidates, and often had some degree of choice since there
were, by law, 20 percent more candidates than seats available
in the various assemblies. In addition, several dozen
candidates were rejected by the voters at various election
meetings, and some of those elected were not party members.
Balloting for district, city, and national assemblies was
indirect, but was conducted by secret ballot.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Although the Government has discussed the status of RENAMO
prisoners with international relief organizations, including
the International Committee of the Red Cross (ICRC), it has not
yet allowed them access. At a major ICRC meeting in Geneva in
October, Mozambique was cited as one of only six countries that
refuses to allow ICRC access to prisoners. Amnesty
International has presented to the Government recommendations
to strengthen the controls against torture and to limit the
right of the security forces to hold detainees for unlimited
time without charge, but these recommendations have had no

66-986 0-87-8

216

MOZAMBIQUE

apparent impact on government policies. In a few cases,
however, the Government has been responsive to private
inquiries on specific detainee cases.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

In spite of the strains imposed by the war and the economic
collapse, racial harmony generally remains a hallmark of
Mozambican society. The number of ethnic Asian and white
Mozambicans holding important positions is much greater than
their proportion of the general population, a reflection of the
greater educational opportunities available to these groups
prior to independence rather than to unequal treatment. While
it is true that the majority of the FRELIMO leadership are
members of the southern-based Shangaan tribe, within the black
population of Mozambique individual ethnic groups are treated
relatively equally by the Government and enjoy constitutionally
rooted legal equality. RENAMO, however, tries to exploit what
it perceives to be historically based Mozambican intertribal
antipathies to appeal to other tribes.

Largely due to government support, women are playing an
increasingly important role in Mozambique, particularly at the
working levels of government. The 1985 National Congress of
the party-affiliated Mozambican 's Women's Organization was
notable for its avoidance of ideology and its concentration on
issues of direct relevance to women.

CONDITIONS OF LABOR

The Government has continued efforts to safeguard the health
and welfare of the population. Health and environmental laws
protecting workers have been enacted, and the Government has on
occasion closed down firms for noncompliance. Recent
government legislation provides for the right of 60 days
maternity leave. If firms have day-care facilities, women
reportedly have the right to 2 half-hour breaks daily for a
year to feed their children. The legislation reportedly
contains other job-related safeguards for pregnant women and
new mothers. Child labor is also controlled, and the minimum
working age (excluding agriculture) is 16. The minimum wage
for the wage labor sector is approximately $64 per month but is
woefully inadequate, given the shortage of food and consumer
goods and the high rate of inflation. The Government has been
examining the issue of wages, and an increase in wages is
expected to be part of an economic reform process which the
Government has launched.

Until recently labor law in Mozan±iique was generally favorable
to the employee. However, the Government has enacted a
comprehensive labor law that increases the autonomy of
employers. Among other things, it allows both public and
private firms to fire employees without obtaining governmental
permission. Companies may now also reward their best workers
with bonuses and penalize less productive employees.

217

U.S. OVERSEAS -L0AN3 iMD SRflNTS" 03LI'3ATI0NS AND LOAM AUTHORIZATIONS
(U.S. FISCAL YHaRS - MILLIONS OF DOLLARS)

c 0 J .M T R Y : MO z a ,-1 3 1 ; u ;

1984 1535 1986

I.E-ON. ASSIST. -TOTAL. . . 18.3 33.? 10.5

LOANS 0.3 17.0 0.0

GRANTS 13.3 Z1.3 10.5

A. BID 8.9 13.4 10.5

LOAMS 0.0 0.0 0.0

GRANTS 8.9 13.4 10.5

(SEC.SU'P. ASSIST.) .. . 7.0 13.1 9.7

a.^oojFo^'EA:-:- 9.4 25.4 0.0

LJANS 0.0 17.0 0.0

3RANT3 9.4 3.4 0.0

TITLE I-TOTAL 0.0 17.0 0.0

?£PAY. 1^ •5-LOAWS 0.0 17.0 0.0

PAY. IN FOR. CURR 0.0 0.0 0.0

TITLE II-TOTAL 9.4 3.4 0.0

6. RELIEF. EC. DEV '. WFO. 9.4 6.2 0.0

VOL. RELIEF AGENCY 0.0 2.2 0.0

C. OTHER ECON. ASSIST... 0.0 0.0 0.0

LOANS 0.0 0.0 0.0

GRANTS 0.0 0.0 0.0

PEACE CORPS 0.0 0.0 0.0

NARCOTICS 0.0 0.0 3.0

OTHER 0.0 0.0 0.0

II.MIL. ASSIST. -TOTAL. . . 0.3 3.0 0.0

LOANS 0.0 0.0 0.0

GRANTS 0.3 3.0 0.0

A.MAPGRANTS 0.0 0.0 0.0

3. CREDIT FIN A NCI 'IS.... 0.0 '.0 0.0

: . I N T L M I L . £ 0 . T P. v| S . . . . 0.3 0.3 0.0

O.T^AN- EXCESS :.<... 0.0 3.0 3.0

E.uiHcP if,A:,r: 0.0 0.0 0.0

III.TUIAL ECOIi. 'IL... 14.3 3='.? 10.5

LOANS 0.3 17.3 0.0

GRANTS 1 -. ? 21 .^. 13.5

OHE:R US LOAliS 0.3 3.Q 3.0

E<-lr. dAi.< LU-:.: 0.3 3.3 3.0

A-. LOTHER 0.3 3.0 0.0

ASSISTANCE r^O'1 I 'I TE^ NATIONAL ASENCIES

1=Si 1935 1936 1946-35

TOTAL 47.4 61.0 2.5 227.9

:b?o 0.? 0.0 0.0 0.0

if: 3.0 0.0 2.5 2.5

IDA 0.0 45.0 0.0 45.0

103 0.0 0.0 0.0 0.0

AD3 0.0 0.0 0.0 0.0

AF03 45.2 0.0 0.0 116.9

UN3P i.2 2.6 ,0.0 40.1

OUcR-UN 0.0 13.4 0.0 23.4

ee: 0.0 0.0 0.0 0.0

218

NIGER

Niger is governed by an authoritarian military regime with
power concentrated in the hands of its President, General
Seyni Kountche, who heads the nation's highest body, the
Supreme Military Council. Kountche took power in 1974 in a
military coup, toppling the civilian regime of Hamani Diori.
At that time the Constitution was suspended, and Kountche has
since ruled by decree. The freedoms of assembly, speech, and
political activity are restricted. Public dissent is almost
nonexistent, and private dissent tends to be rare for fear of
retribution.

Niger, one of the world's poorest countries, occupies a large
area in the arid Sahel region of West Africa. The economy
hinges on subsistence farming, livestock, and some of the
world's largest uranium deposits. However, severe drought, a
3.1 percent population growth rate, and declining world demand
for uranium since the early 1980 ' s have had a serious negative
impact on the Niger ien economy.

The human rights situation in Niger improved marginally in
1986. The Government is proceeding cautiously with the further
development of the National Development Society, which many
believe will lead to greater civilian involvement in economic
decisionmaking. Substantial progress was made on a "national
charter" which is scheduled to be the subject of an early
national refrendum. President Kountche stressed publicly in
April, however, that the armed forces will continue to play a
preponderant role in the political life of the nation no matter
how democratic institutions evolve. Early in 1986, trials of
public officials accused of corruption were held in public,
the defendants had able legal counsel, and the verdicts
rendered were less than the maximum penalty (death) prescribed
by the law. Those persons arrested following the October 1983
coup attempt are still being held in detention. The
restrictions on nighttime travel in Niger were lifted early in
the year. Niger also signed the Organization of African
Unity's African Charter of Human and Peoples' Rights in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

No disappearances were reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Systematic torture of detainees and prisoners is not believed
to take place in Niger. While not officially sanctioned by
the Government, cruel treatment, usually in the form of
physical beatings, has been meted out, however, by officials
charged with the custody of political prisoners. Non-Niger iens
resident in Niger are frequently harassed by the police and
occasionally suffer physical abuse while in detention. It is
believed that political prisoners or detainees are rarely
allowed visits from family members, but some with severe

219

NIGER

medical problems have been allowed treatment by specialists
from Europe.

d. Arbitrary Arrest, Detention, or Exile

With the Constitution suspended since 1974, there are no
specific statutory protections against arbitrary arrest or
imprisonment. Warrants are not required for an arrest, and
there is no right to judicial review of the legality of
arrests or detentions. For criminal offenses, the law holds
that detainees must be charged within 48 hours, but delays
sometimes occur as the result of a lack of trained legal
officials. In cases concerning political or security-related
matters, detainees can be held indefinitely without charge, as
in the case of the 19 detainees held in connection with the
October 1983 coup attempt who are still awaiting trial.
Amnesty International estimated their number at 20-25 at the
end of 1985. Former President Hamani Diori remained under
house arrest at the end of 1986. When the Government believes
the national security to be at risk, large numbers of citizens
may be rounded up arbitrarily for questioning, as with the
roundup of Tuaregs in Niamey after the attack on a police
station in Tchin-Tabaraden in 1985.

Forced labor is not practiced in Niger, but during the 1985
drought emergency, displaced herders, primarily ethnic Tuaregs
and Fulanis, were in some instances forcibly moved onto
government-sponsored, vegetable-growing projects. There are
no known instances of dissidents or political opponents being
exiled by the Kountche Government, although some dissidents
have voluntarily gone into exile.

e. Denial of Fair Public Trial

The exact number of political prisoners in Niger is unknown.
The 11 Tuaregs convicted and sentenced to death in connection
with the Tchin-Tabaraden affair had reportedly not been
executed by the end of 1986.

Political and security-related cases are tried in the State
Security Court, which operates outside the traditional legal
framework. This body, established by presidential decree,
meets in secret, and while little is known about its
proceedings, it is believed that its members are military
officers. According to Amnesty International, the Tuaregs
condemned to death in 1985 were tried before this court.

Civil and criminal cases not involving security-related acts
are tried publicly. Legal counsel is provided for indigent
defendants accused of felonies or other major offenses if they
are under 18 years of age, handicapped, or faced with the
possibility of a sentence of more than 10 years. While there
are reliable accounts that courts in some specific cases have
been subject to political influence or pressure in ordinary
civil or criminal cases, the judicial system is believed to be
generally independent and fair. Defendants may appeal verdicts
first to an appellate court and, if desired, to the nation's
highest tribunal, the State Court, composed of civilian
magistrates, which serves as a final court of appeals. The
President has the right of pardon in penal cases and has
invoked this right on several occasions in recent years. At
the village level, matters such as property disputes are
frequently resolved by traditional means without reference to
the formal legal system.

220

NIGER

In June 1985, President Kountche announced the formation of a
special court to investigate civil service corruption. Stiff
penalties were established for these crimes, including the
death penalty for convictions of embezzlement of amounts over
$500,000. At the corruption trials held in 1986, however,
life imprisonment was the most severe penalty assessed.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The police have the right to enter homes between 5 a.m. and
9 p.m. and will enter at other times if deemed necessary. Many
of the Tuaregs rounded up in Niamey in early June were removed
forcibly from their homes. Court warrants are not required in
such instances. Violations of privacy such as interference
with correspondence, telephone tapping, and use of informer
networks are known to take place.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are restricted. Institutions which might voice
dissent, such as an independent press or a freely elected
legislature, do not exist. The media are controlled by the
Government. While some criticism of government policy or
bureaucratic inefficiency is allowed, especially in the weekly
publication Sunday Sahel, such criticism is expressed at the
behest of, or at least with the knowledge of, the Government.
Debates on aspects of the economy or cultural policy sometimes
take place in the media, but the boundaries of permissible
discussion are well understood in advance by all participants.
The primary functions of the media are to disseminate
government policies and viewpoints and to rally popular support
for government programs and leading figures such as the
President. Nigerien journalists are acutely aware of their
status as government employees and of the guidelines within
which they must operate. Journalists who the Government
believes have strayed from these guidelines have been demoted,
fired, or otherwise disciplined in the past, although no such
incidents occurred in 1986. While there are no legal
constraints on academic freedom, in practice university
students and professors are reluctant to speak openly about
potentially controversial domestic issues for fear of
government reprisal. There have been no reports of censored
or banned magazines or other publications, but the Government
is under no legal constraints should it discover material that
it deems offensive. Foreign films are subject to censorship
by the Ministry of Interior on grounds of public morality and
political content.

b. Freedom of Peaceful Assembly and Association

Except for political parties, most forms of voluntary
association, such as trade unions, churches, and other
religious groups, function with the understanding that they
must act in accordance with government policy. Government
permission is required for public gatherings, although, in
practice, public meetings of such organizations are usually
allowed.

The trade union movement is controlled and partially financed
by the Government. All unions are organized under a
government-controlled umbrella group, the National Union of
Nigerien Workers (USTN) . The head of the USTN is appointed by

221

NIGER

the Government. The USTN represents about 30 percent of the
approximately 60,000 salaried workers in Niger. The group is
poorly financed partly because of government refusal to allow
fund-raising methods such as a wage checkoff system. Lower
level elections in the USTN are believed to be fairly
democratic. Strikes in Niger are rare, although legal if
conciliation and arbitration procedures have been exhausted.
The USTN maintains relations with recognized international
bodies and sends representatives to international meetings.
It is a member of the Accra-based Organization of African
Trade Union Unity.

c. Freedom of Religion

Niger is overwhelmingly Muslim, but Christian Churches are
allowed to operate freely. Conversion from one religion to
another is not prohibited but rarely occurs. Foreign
missionaries are permitted to live, work, and tLavel in
Niger. There have been no reports of religious
discrimination. The Government, cautious because of the
Islamic fundamentalist violence which erupts periodically in
northern Nigeria, monitors Muslim religious activity through
the Islamic Association. This Association is funded by the
Government and assists in an informal government screening
process of local religious leaders. Islamic services that
have gone beyond strictly religious subjects have been shut
down. Religious groups are allowed to maintain links with
coreligionists in other countries.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travel within Niger is closely monitored, although no special
travel documents are required for domestic travel. Police
checks, often entailing thorough searches, take place upon
entering or leaving any major town or city. These checks
reflect a governmental preoccupation with smuggling, a concern
over possible movements into the country of foreign-based
dissidents or criminal elements, and a policy designed to
discourage migration to urban areas. Nigeriens wishing to
travel abroad must obtain exit visas, which are usually granted
routinely. Married women must have the permission of their
husbands to travel abroad. The repatriation of Nigerien
nationals is unrestricted. In May 1986, the Government
efficiently resettled about 2,000 Nigeriens who were expelled
from neighboring Algeria. Niger is a party to the U.N.
Convention and Protocol Relating to the Status of Refugees and
has been very cooperative respecting the 19 refugees currently
in Niger under U.N. High Commissioner for Refugees auspices.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The capacity of the people to influence the Government is
extremely limited. Virtually all power is held by the
President, General Seyni Kountche. He rules through the
Supreme Military Council which is made up of officers who
helped stage the 1974 coup that toppled the previous civilian
regime. Kountche rules by decree, makes all government
appointments, and controls the pace of political change and
economic development. Government operations are conducted
largly by civilian technocrats who implement decisions
promulgated by the Supreme Military Council and Kountche
himself. The President derives his power from the military.
While all but three of the ministerial positions have passed

222

NIGER

from military to civilian hands in recent years, all of
Niger's seven departments have military governors, who have
virtually autocratic power within their departments.
Moreover, there is a marked military presence in the upper
echelons of the National Development Society.

In lieu of a party system, the Kountche Government since 1979
has been organizing the National Development Society which in
theory will lead to greater popular participation in economic
decisionmaking. The Society consists of a hierarchical
network of councils at the village, regional, departmental,
and national levels. The councils consist of elected and
appointed members, although only at the village level are
members elected directly by the people. The national level
council consists of Nigeriens from all walks of life, who also
serve on special committees to consider various aspects of
economic development, cultural policy, and social issues. One
such committee has written and widely distributed a national
charter which, it is believed, could serve eventually as the
basis for a new constitution.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Niger is not active in regional and international human rights
organizations. In recent years, inquiries from international
human rights organizations have apparently been ignored by the
Government. There are no domestic groups which monitor the
human rights situation in Niger.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The essentially traditional nature of Nigerien society helps
ensure that family and ethnic group ties remain strong and
supportive, but traditional practices and attitudes on
ethnicity, women, and education have some negative effects.
Males have considerable advantages in terms of education,
employment, and property rights. In case of divorce, custody
of all children under 8 years of age is given to the husband.
Conscious of this situation, the Government has made progress
in improving the status of women by launching work on a new
family code, by providing better employment opportunities to
women, by giving them a significant role in the National
Development Society, and by supporting the National Women's
Association. In 1986 the Government continued to encourage
Nigeriens to practice birth control.

Four major ethnic groups, each with its own language, make up
the bulk of the population. The two primarily nomadic groups,
Tuaregs and Fulani (Peul), have less access to government
services, partly because their transient lifestyles make it
difficult for the Government to supply them with services and
partly because of historical animosities between the nomads
and the sedentary Djerma and Hausa ethnic groups which
dominate the Government .

CONDITIONS OF LABOR

Under the Niger labor code, workers receive benefits for
on-the-job injury, leave for family emergencies, and health
benefits. Annual holidays and leave benefits are clearly
defined. Children between the ages of 12 and 18 may be
employed, but there are strict provisions concerning the hours

223

NIGER

of employment and types of employment for children in this age
group. All labor provisions, especially those concerning
child labor, apply in practice only to urban areas. In the
agricultural sector, which employs most Nigeriens, children
work on family plots under conditions which are not in
compliance with the provisions of the labor code.

224

U. S.0V.eRS£43 -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJMTRY: NIGER

1934

1935

1986

I.rCON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

3. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TCTAL

REPAY. IN $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC.DEV I WFP.

VOL. RELIEF AGENCY

C.OTHER E:0N. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER .. .

II.MIL. ASSIST. -TOTAL. . .

LOANS

GRANTS

4. MAP GRANTS

3. CREDIT FINANCING....
:. INTL MIL.EO.TRNG. .. .
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON.

LOANS ,

GRANTS. .. .

MIL,

29.3

51.0

27.1

0.0

29.3

51.0

27.1

26.;

27.5

24.2

0.0

26.4

27.5

24.2

5.0

4.8

0.5

20.9

0.0

O.Q

0.0

0.5

20.9

0.0

0.5

20.9

0.0

0.5

17.5

0.0

3.4

0.0

2.4

2.6

2.9

0.0

2.4

2.5

2.9

2.4

2.6

2.9

0.0

2.2

5.2

4.0

O.D

0.0

2.2

5.2

4.0

2.0

5.0

3.8

0.0

0.2

0.0

31.5

56.2

31.1

O.D

0.0

31.5

56.2

31.1

OTHER US LOANS. ..
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

34.6

37.0

6,2.3

579.0

IBRD

3.0

0.0

IFC

0.0

0.3

0.0

2.6

IDA

11.7

16.8

62.8

305.7

ID3

0.0

AD3

3.0

0.3

0.0

AFDS

20.0

12.3

0.0

73.0

UN OP

2.9

3.0

0.0

55.3

OTHER-UN

0.0

5;2

0.0

15.1

EEC

0.0

127.3

225

NIGERIA

President Ibrahim Babangida came to power in a military coup
on August 27, 1985, overthrowing the military government of
Major General Muhammadu Buhari that had seized power from
civilians in December 1983. A 28-member Armed Forces Ruling
Council (AFRC) is the main decisionmaking organ of the
Government, while a 22-member Federal Cabinet presides over
the Government's executive departments. Military governors,
appointed by the President and assisted by mixed military/
civilian executive councils, head Nigeria's 19 state
governments. The 1979 Constitution remains partially in
effect, but significant provisions, namely, those guaranteeing
free elections, the existence of political parties, and the
right to due process and habeas corpus, are suspended. The
Government has pledged to return the country to civilian rule
by 1990. The appropriate form and structure for a
postmilitary government was publicly debated during 1986.

Legislation at both the federal and state levels continues to
be promulgated by decree. All decrees are exempt from
challenge in the courts. The Government enforces its authority
through the federal security apparatus: the national police,
the military, and the State Security Service (SSS). No
separate law enforcement agencies exist at the state and local
levels .

Nigeria, with an estimated 100 million people, is Africa's
most populous country. It has a mixed economy in which the
Government plays a major but declining role in all important
sectors. On June 27, 1986, President Babangida announced a
major program of structural adjustment, featuring a Second-
tier Foreign Exchange Market (SFEM), which allows the supply
and demand of foreign exchange to determine the SFEM exchange
rate. With the introduction of the SFEM on September 26,
import licensing procedures, price controls, and many other
Government restrictions were liberalized or abolished to help
stimulate domestic production and employment, overcome public
sector inefficiencies, and increase nonoil exports.

In 1986 the Babangida Government continued to demonstrate a
commitment to restoring some of the human rights formerly
protected by the 1979 Constitution but seriously circumscribed
in 1984-85. Judicial commissions, appointed in late 1985,
reviewed the cases of all pending and conditionally released
detainees, as well as the cases of all persons convicted by
military tribunals, created under 1984 decrees, of corruption,
currency violations, counterfeiting, drug trafficking, and
petroleum smuggling. The AFRC generally upheld the
commissions' recommendations, confirming detainees' releases
or slating them for future trials, and releasing prisoners or
reducing their sentences. The AFRC also provided for judges
to head future special tribunals, established an appeal
procedure for all persons convicted by the tribunals, and
reduced penalties to make them more appropriate to the
offense. The death penalty was abolished for cases of people
convicted of oil smuggling and drug trafficking.

The Government in 1986 moved decisively against potential
violent opposition. Ten military officers were executed in
March for coup plotting in late 1985 following trial and
conviction by a special military tribunal. The officers had
access to legal defense counsel and exercised their right to
appeal their convictions. The Government also introduced
banning from political life as retribution for the misdeeds of
former politicians. In June 1986, President Babangida

226

NIGERIA

announced that all former politicians would be excluded from
holding public office and participating in partisan politics
for 10 years following the resumption of political activity.
Former civilian President Shehu Shagari and his Vice President,
Alex Ekwueme, have been banned from politics for life. In June
the Government temporarily closed 20 institutions of higher
education and banned the leading student organization in the
wake of nationwide campus demonstrations protesting police
killings of at least 4 students during a student strike at a
northern university.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There was no evidence of politically motivated killing in
Nigeria at government instigation in 1986. In October a letter
bomb killed the editor-in-chief of a weekly newsmagazine that
had published investigative articles on controversial topics
such as Nigerian involvement in drug trafficking and the
dismissal of a key government official. Speculation about the
incident includes unsubstantiated allegations of government
involvement. A government investigation is underway.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports or allegations of torture. A portion of
the 1979 Constitution which is still in effect outlaws torture
and the mistreatment of prisoners. Nigerian law provides that
such excesses be dealt with in criminal or civil proceedings.
Prison conditions remain poor because of severe overcrowding
and insufficient funds for basic necessities. According to
unconfirmed newspaper reports, approximately 100 members of a
northern religious sect arrested following a 1984 uprising have
since died of hunger and malnutrition.

d. Arbitrary Arrest, Detention, or Exile

The Babangida Government has retained the authority to detain
persons suspected of acts prejudicial to state security or
harmful to the economic well-being of the country under
Decree 2 of 1984, the State Security (Detention of Persons)
Decree. This decree suspends the 1979 constitutional guarantee
of the right to habeas corpus and cannot be challenged in any
court of law. In response to public outcry, the Government
rescinded a 1986 amendment to Decree 2 that would have extended
the maximum initial detention period from 3 to 6 months and
given detention powers to the Inspector General of Police as
well as to the Chief of General Staff.

In June the Government detained leaders of the Nigeria Labor
Congress (NLC), some for up to 2 weeks, to head off a
nationwide labor demonstration called in sympathy with students
protesting the death of a number of students on a university
campus in northern Nigeria during confrontations with the
police in May. The Government also detained, and subsequently
released without prosecution, several members of the Academic

227

NIGERIA

Staff Union of Universities while investigating their
involvement in the campus disturbances. In April newspapers
reported the detention of several unnamed former politicians.
In one known case, former National Assembly member Tanko
Yakassai was held by security officials for 31 days.
Speculation at the time connected his detention to an April 18
warning to former politicians to stop defying the 1984 ban on
political activity. Four of the soldiers acquitted in March
of coup plotting remained in custody afterwards for several
months despite their acquittals.

In 1986 a judicial panel headed by a Supreme Court judge
reviewed the cases of approximately 1,700 persons detained
under Decree 2 during the Buhari Administration (1984-85),
many of whom had already been released. A government white
paper published in July upheld most of the panel's
recommendations absolving many of the detainees of wrongdoing
and recommending others for formal charging and trial. Among
those absolved by the panel and released after publication of
the white paper were former President Shehu Shagari and Vice
President Alex Ekwueme, both held for 31 months without
charge. Both are now banned for life from political activity
and restricted to their local government areas. About 800 of
the former detainees, mainly former politicians and public
office holders, are to be prosecuted for corruption by a
special tribunal named in September under Decree 3, Recovery
of Public Property (Special Military Tribunal). Still in
detention without charge are former Head of State Muhammadu
Buhari and his Chief of Staff, Tunde Idiagbon.

No Nigerian has been exiled. Self-exiled politicians are free
to return home with the caveat that those suspected of crimes
will be subject to prosecution.

The Military Government does not use forced labor as a means of
political coercion or as a sanction against free expression.
Nigeria's 1979 Constitution provides that "no person shall be
required to perform forced or compulsory labor." The latter
excludes community service programs such as the National Youth
Service Corps and environmental clean up campaigns.

e. Denial of Fair Public Trial

The 1984 decree modifying the 1979 Constitution left the
judiciary relatively unscathed, although special military
tribunals were established outside the regular judicial
system, notably for corruption cases. The judiciary is
composed of both federal and state courts and includes
procedures for appeals from state high courts to the Federal
Court of Appeals and to the Federal Supreme Court. There are
also constitutional provisions providing for the use of
Islamic and local tribal law in civil cases.

Provisions of the 1979 Constitution still in force guarantee
persons charged with crimes a fair public trial in civilian
courts within 3 months from the date of arrest. However,
cumbersome administrative procedures and inefficiency sometimes
result in prisoners being held for extended periods before
being charged or tried. During routine inspections of prisons
in 1986, High Court chief judges exercised their right to
release detainees found to have spent more time in prison than
they would have if they had been convicted for their alleged
crimes. Trials are public and adhere to constitutionally
guaranteed individual rights. In capital cases, the Government
provides counsel for indigent defendants. In other cases.

228

NIGERIA

indigents must rely for counsel on the Nigerian Legal Aid
Society which has limited resources. In March the Government
amended the Legal Aid Act of 1976 to extend assistance to
persons with incomes up to approximately $500 per year at
current exchange rates.

The Babangida Government used a special military tribunal,
constituted under Decree 1 of 1986, to try 23 persons for
alleged complicity in a December 1985 coup plot. Ten persons,
all members of the armed forces, were sentenced to death and
executed in March. The tribunal acquitted six defendants and
gave others jail terms. Although their trial was held in
camera, the Government allowed military lawyers to defend the
accused, a judge-advocate to advise tribunal members on points
of law, and observers from the Nigerian Bar Association (NBA)
and the Ministry of Justice to witness the trial. NBA
observers later stated that lengthy accreditation procedures
kept them from observing most of the trial. The observers
never made their observations public. Appeals to the chiefs
of the military services were denied, and the Armed Forces
Ruling Council (AFRC) upheld the convictions before sentences
were carried out.

The Buhari Government issued decrees that removed certain
crimes, including corruption crimes, from the jurisdiction of
the civilian judicial system to special military tribunals.
These decrees remain in effect. In keeping with its human
rights commitment, however, the present Government established
judicial review commissions composed of distinguished civilians
and military officials to conduct an extensive review in 1986
of detentions and convictions under these decrees. The AFRC
then amended the decrees to restore a measure of due process
to the extrajudicial procedures.

The commissions, acting essentially as appellate courts,
forwarded their findings to the AFRC which in most cases upheld
the panels' recommendations for release, acquittal, reduced
sentences, or future trial. While supporting reduced prison
terms for many former politicians convicted of corruption, the
AFRC frequently added a specified period of exclusion from
public office and involvement in partisan politics to the
convict's penalty. Following disposition of the cases under
review, the Government amended the 1984 decrees. Amendments
added an appeal procedure (through a Special Appeal Tribunal),
a guarantee that judges would head all tribunals, and abolished
the death sentence for a number of offenses. Recommendations
of the Special Appeal Tribunal are subject to confirmation by
the AFRC. With the change in the composition of the corruption
tribunals operating under the Buhari-era decrees, the Nigerian
Bar Association lifted its 1984 boycott of the corruption
trials which had been called in protest over the absence of
legally trained tribunal members. Future corruption trials —
nearly 800 cases are pending — may be conducted in public
rather than in camera. At the swearing in of two new
corruption tribunals in September, the officiating judge
cautioned the press to report accurately on the trials. At
the end of 1986, the reconstituted corruption tribunals had
heard only one of the pending cases.

On several occasions during 1986 the Babangida Government
reiterated its commitment to uphold the integrity of the
judiciary and to redress past judicial wrongs. On the ground
that there may have been a miscarriage of justice, the
Government dismissed a judge and released a popular jailed
musician who said the judge had later admitted privately to

229

NIGERIA

convicting him for currency trafficking in 1984 under pressure
from government officials. The judge subsequently denied the
charge. This celebrated case had been regarded by some
observers as evidence of government interference with the
judiciary during the Buhari regime.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Nigerian society is generally free of arbitrary interference
by the State in the private lives of its citizens. Provisions
of the 1979 Constitution still in force guarantee rights of
privacy in the home, correspondence, and communications.
General surveillance of the population by the State is not
practiced. Forced entry into homes without a warrant is not
generally permitted. Under the Buhari regime police and
members of the Nigerian Security Organization occasionally
entered homes and offices without a warrant when seeking
evidence in corruption cases. There is no political
enforcement of social, cultural, or religious codes.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The modified Nigerian Constitution continues to guarantee
freedom of expression and press. There was no evidence of
overt government censorship of the media in 1986, and
President Babangida granted a full pardon to two journalists
who had each spent 1 year in jail for conviction under an
abrogated 1984 decree that curtailed freedom to publish
information about government officials. Nevertheless,
government officials did appeal to journalists on several
occasions to be responsible in practicing their profession.
In at least two instances, the Government moved against
journalists considered to have overstepped government bounds.
In February a judicial panel charged and convicted a journalist
of contempt of court for writing a news magazine article
critical of the panel for its controversial ruling exonerating
former President Shehu Shagari and Vice President Alex Ekwueme
of wrong-doing and recommending their immediate release from
detention. The journalist appealed the conviction. A radio
journalist was detained briefly after making an erroneous
broadcast that the Voice of America had reported that Nigeria
was about to accept an International Monetary Fund loan, a
controversial domestic political issue.

The 1979 Constitution reserves to the Federal and state
governments the right to own and operate radio and television
stations. Nigeria has a lively press, and there are no
restrictions on ownership of print media. Among the vast
array of Nigerian daily newspapers are four privately owned
national dailies with large circulations, one daily owned by
the Federal Government, and another in which the Federal
Government owns a majority share. Some states operate their
own daily newspapers. In some states, privately owned dailies
compete with state papers. Four weekly news magazines vie for
national readership.

b. Freedom of Peaceful Assembly and Association

Nigeria's 1979 Constitution guarantees the right to peaceful
assembly and association in trade unions and special interest
associations. The provision granting persons the right to
form or join political parties remains suspended. Decree 9 of

230

NIGERIA

1984, still in force, dissolves all political parties and
authorizes the Government to dissolve any other group
considered to have objectives similar to those of a political
party. Frequently during 1986, governitient officials reminded
former politicians publicly that the ban on political activity
and organizing remains in effect. In June President Babangida
announced the exclusion of former political figures from
participation in partisan politics for a period of 10 years
from the resumption of political activity. All former national
and state elected and appointed government officials and
political party leaders from the 1979-1983 civilian era are
expected to be affected by the ban, although the Government
has already exempted one politician from the ban and indicated
that there may be other exceptions.

In January the Government lifted bans on the Nigerian Medical
Association (NMA) , the National Association of Residential
Doctors (NARD) and the National Union of Nigerian Students
(NUNS), an organization virtually supplanted during its 6-year
proscription by the National Association of Nigerian Students
(NANS) .

In June more than 20 institutions of higher education were
closed, and NANS was banned, in the wake of nationwide campus
demonstrations protesting the police killing of students during
student disturbances at Ahmadu Bello University in May. The
Government publicly stated that four persons died during those
disturbances. Accusations by the media that fatalities were
higher and that police abuses took place at Ahmadu Bello
University are unconfirmed. Following the events, members of
the mobile police unit which responded to the disturbances
were charged with culpable homicide and suspended pending an
investigation into their conduct. The results of the
investigation have not been made public. In December the
Minister of Education lifted a ban, in effect since June, on
student organizing on individual campuses.

Despite guarantees in the 1979 Constitution and Nigeria's
ratification of 28 International Labor Organization (ILO)
conventions, there are instances where government decrees and
policy continue to act to restrict labor freedoms. A 1978
decree created a single central labor body, the Nigeria Labour
Congress (NLC), forcibly merged a number of unions into
42 industrial unions, and deregistered all other unions. The
Government has not responded to the 1982 ILO committee of
experts finding that this decree violates ILO Convention 87 on
Freedom of Association and Protection of the Right to Organize,
to which Nigeria is a party. The 1978 decree also created
senior staff associations for white collar workers, which a
1986 decree explicitly excluded from NLC membership, forcing
two such associations to withdraw. Since 1975 government
policy has permitted international labor affiliation only with
the ILO and the Organization of African Trade Union Unity and
its affiliated Pan-African Labor Federations. In May the
Government prevented the African regional meeting of the
International Transport Worker's Federation (ITWF), an
affiliate of the International Confederation of Free Trade
Unions, from taking place in Lagos on grounds that the
membership of the local host union in the ITWF violated
government policy. Government policy does permit, however,
informal "fraternal relations" with foreign unions and
secretariats as long as there is no formal affiliation.

Although Nigeria's union leadership generally has been
democratically elected and independent of government control.

231

NIGERIA

an exception occurred in October when the Government gave
state-appointed administrators temporary control of two unions
paralyzed by leadership disputes. The Government cited as its
authority the 1985 National Economic Emergency Decree which
granted the Government broad authority until December 1986 over
labor matters. Nigerian law and practice provide that the
terms and conditions of labor will be determined by collective
bargaining agreements between management and trade unions.
However, a national wage freeze imposed in 1984 remains in
effect. Wage cuts imposed by decree in 1985 on all public and
private sector employees, without regard to preexisting
contracts or union consultation requirements, to finance a
National Economic Recovery Fund were lifted in October. Some
categories of low-paid workers received a full refund of their
mandatory contribution.

The 1976 Trade Disputes Decree, which governs industrial
disputes, provides for mediation by an industrial arbitration
panel and a national industrial court and forbids strikes and
lockouts while disputes are under mediation by these bodies.
Although this decree has been applied in past disputes, it has
not always had the intended effect of curtailing strike
activity, as workers have often ignored it, and the Government
has not always enforced it. Workstoppages , numbering up to
several hundred a year during the 1979-1983 civilian era, were
rare in 1985 and 1986, reflecting both the weakened bargaining
position of unions because of depressed economic conditions
and the impact of warnings by the military Government that it
would not tolerate "industrial indiscipline."

All Nigerian workers 16 years or older may join trade unions,
with the exception of members of the armed forces and
designated employees in the essential government services
sector. Employers are obliged to recognize trade unions and
must pay a dues checkoff for employees who are members of a
registered trade union. Nevertheless, some unions, especially
small ones, are in serious financial difficulty following 4
years of depressed economic conditions. The establishment of
closed shops is prohibited.

c. Freedom of Religion

Constitutional provisions guaranteeing freedom of religious
belief, religious practice, and religious education are
generally respected throughout Nigeria. Reports continue
of harassment of Christians by state officials in the
predominately Muslim North through the imposition of excessive
bureaucratic requirements for church construction projects and
occasional refusal of permission to build. There are no
restrictions on numbers of clergy trained nor on contacts with
coreligionists in other countries. Religious travel, including
the Hajj, is permitted and in some cases officially supported.
Missionaries and foreign clergy, though limited by quotas, are
permitted to enter Nigeria. Some states require licenses for
religious services outside churches and mosques.

Tensions between the Muslim and Christian communities of
Nigeria surfaced in January when Nigeria became a member of
the Organization of the Islamic Conference (OIC) . Christians,
who comprise an estimated one-third of Nigeria's population,
charged that the move contravened a constitutional provision
declaring Nigeria a secular state and demanded Nigeria's
complete withdrawal from the organization. Muslims, who
comprise about 45 percent of the population, argued that

232

NIGERIA

Nigeria, with the largest Muslim population in black Africa,
should be a member of the organization and denied that
membership made Nigeria an Islamic state. Government promises
to retain Nigeria's multireligious character and the secular
status guaranteed by the Constitution failed to assuage
Christian fears, but Nigeria did not participate in any QIC
activities during the year. At the height of the tensions, in
a city with a large proportion of both Christians and Muslims,
Muslim blockage of an Easter procession of Christian worshipers
resulted in violence that left several persons injured and one
church damaged. The Government has proposed the formation of a
council on religious affairs to "regulate" religious matters.
Christian leaders oppose the idea of a council with regulatory
authority.

The 1982 ban on the Maitatsine religious sect remains in
effect. The group still exists, however, and is apparently
being closely monitored by the police. Police sporadically
announced arrests of "religious fanatics", probably references
to suspected members of the sect. Members of the group
arrested following the 1984 Maitatsine uprising in Gongola
State are still in custody. They may remain so indefinitely,
according to newspaper reports quoting the state's Attorney
General, for lack of witnesses willing to testify against them
in court. More than 100 have reportedly died of hunger and
malnutrition since their arrest.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Nigeria's Constitution entitles citizens to move freely
throughout Nigeria and to reside where they wish. The same
provision prohibits expulsion from Nigeria or the denial of
entry to or exit from Nigeria to any citizen. In general,
these provision have been observed. In April police announced
the restriction of public office holders from the civilian era
(1979-1983) to their states of origin or domicile and required
them to report to police commissioners within 24 hours,
surrender their passports and other travel documents, and
thereafter report to the police each Monday. Although a
number of former politicians complied with the order, others
did not, apparently without retribution. The order, which was
intended to control movements of former public officials
pending the outcome of on-going investigations, may have
become irrelevant in light of the July publication of the
government white papers disposing of the cases under review by
judicial panels.

Nigeria's land borders, closed since April 1984, were opened
in March. The Government announced in September that passport
validity will revert from 2 to 5 years. Nigerians travel
abroad in large numbers, and many thousands are studying
abroad. Exit visas are not required.

There has been no forced resettlement of Nigerian citizens.
Nigerian law and practice permit temporary refuge and asylum
in Nigeria for political refugees from other countries.
Nigeria supports and cooperates with the the United Nations
High Commissioner for Refugees who has an office in Lagos. No
known penalties have been levied on Nigerians who have
emigrated, settled abroad, or acquired another nationality.
However, Nigeria does not recognize dual nationality, and
naturalization in another country does not release Nigerians
from Nigerian laws.

233

NIGERIA

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Armed Forces Ruling Council (AFRC), a 28-member group of
military officers headed by President Babangida, is the highest
political authority in Nigeria and the principal decisionmaking
body in the Government. There is no elected legislative body,
and political parties are prohibited. The AFRC promulgates all
laws by decree, and all decrees are exempt from challenge in
any court of law. The President appoints a Federal Cabinet,
currently composed of 22 military and civilian ministers in
almost egual numbers, which presides over the executive
departments and comprises the Council of Ministers. Military
governors head the 19 state governments. Together with the
President, the 19 state governors constitute a National
Council of States.

President Babangida has set 1990 as the date for returning
Nigeria to civilian rule. Although no formal political
structures exist to allow popular input into government
decisionmaking, Babangida has encouraged the public to become
involved in deciding what form the next civilian government
should take. In January the President appointed a 19-person
political bureau to organize and implement a nationwide debate
on Nigeria's political future and to synthesize public
commentary into recommendations for him by the end of the year.
Like the public debate in 1985 over acceptability of an
International Monetary Fund stabilization loan, the 1986 debate
on Nigeria's political future was conducted in the media, in
the forums of professional organizations, and in written
testimony provided directly to the political bureau by a wide
range of persons, including university professors, businessmen,
religious leaders, and former politicians.

The composition of the current Government reflects greater
ethnic and religious diversity than any government in the
recent past. However, there are currently no women on the
AFRC or in the Federal Cabinet, although some women serve as
commissioners in state governments.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

The Babangida Government has pledged that it will uphold basic
human rights. The Human Rights Committee of the Nigerian Bar
Association (NBA) monitors the domestic human rights situation
and has consistently spoken out against human rights abuses.
The NBA objected strongly to the Government's move to extend
its detention powers, and the Government rescinded the decree
in question. At least two other groups also monitor human
rights in Nigeria. One, the Nigerian Council of Human Rights,
an independent organization formed in 1985, issued a statement
commending the Government for amending 1984 decrees but called
for repeal of the decree allowing detention without trial.
Another group. Citizens for Human Rights, commended the
Babangida Government for its human rights record. The
Government has taken no measures against these organizations
or their individual members for their watchdog activities.
The former chairman of the NBA human rights committee continues
to hold the post of Attorney General and Minister of Justice.

Nigeria hosted two recent international human rights
conferences, including the Pan African Conference on Human
Rights and Africa's Cultural Heritage in September. Speakers

234

NIGERIA

included Nigeria's former Head of State General Yakubu Gowon,
who returned from self -exile in the United Kingdom to
participate. Amnesty International maintains an office in
Lagos and circulates a monthly newsletter. Its annual human
rights reports receive press attention.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status,

There is no official policy of systematic discrimination among
Nigeria's diverse ethnic and religious groups, and laws do not
overtly favor one group over another. The Government generally
makes a conscious effort to strike a balance among different
groups in its decisionmaking and in appointments to key
governmental positions. However, Nigeria has a long history
of tension among the diverse ethnic groups, and tradition
continues to impose considerable pressure on individual
government officials to favor their own ethnic or religious
group. Allegations of favoritism persist.

Women have always had economic power and have exerted influence
in Nigerian society through women's councils or through their
family connections. There has been a dramatic increase in the
number of women who have university degrees and who have become
professionals, including teachers, lawyers, doctors, judges,
senior government officials, media figures, and business
executives. But despite a degree of economic independence,
women suffer legal discrimination, experience social
inferiority, have virtually no representation in the political
arena, and despite their achievements, are often discriminated
against in employment. The pattern and specific features of
discrimination against women vary according to the ethnic and
religious diversity of Nigeria's vast population. In some
states, husbands can prevent their wives from obtaining
employment or passports. In many states, a widow cannot
inherit her husband's property, which in the absence of
children usually reverts to the husband's family. Women do
not receive equal pay for equal work, and male professionals
receive fringe benefits not extended to their female
counterparts. Female circumcision, which has never become a
major public issue, is still practiced in many areas.

CONDITIONS OF LABOR

Nigeria's 1974 labor decree establishes a 40-hour work week,
prescribes 2 to 4 weeks of annual leave, and sets a minimum
wage for commerce and industry of 125 naira per month, equal
to about $40 after the September devaluation. The labor law
prohibits employment of children under 15 in commerce and
industry, restricts other child labor to home-based
agricultural or domestic work, and allows the apprenticeship
of youths aged 13-15 only under specified conditions. It
contains general health and safety provisions, some aimed
specifically at young and female workers, enforceable by the
Ministry of Employment, Labour, and Productivity. Employers
must compensate injured workers and dependent survivors of
those fatally injured in industrial accidents.

235

U.S.OVERSEftS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: NIGERIA

1984

1985

1986

.HCON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
?EPAY
PAY.
TITLE
E.REL
VOL. R
C.OTHE
LO
GR

ASSIST,
ANS. .. .

ANTS....

■TOTAL..

AtJS

ANTS ,

.SUPP. ASSIST.) ., .

FOR PEACE

ANS

ANTS ,

I-TOTAL

. 1"^ $-LOANS.....

IN FOR. CURR

II-TOTAL

lEF.EC.OEV i WFP,

ELIcF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

0.0
0.0
0.3
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

o.o

0.0
0.0
0.0
0.0
0.0
0.0

D.O
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
D.O
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
D.O
0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

4. MAP GRANTS ,

3. CREDIT FINANCING..
:.INTL MIL.EO.TRNG..
D.TRAN-EXCESS STOCK.
£. OTHER GRANTS

0.0
0.3
0.0
0.3
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
D.O
0.0
0.0
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

III. TOTAL ECON,

LOANS

GRANTS. . ..

5 MIL,

0.3
0.0
0.0

D.O

0.0
0.0

2.1

0.0
2.1

OTHER US LOANS.......... O.D

0.0 D.O

E<-IM BANK LOANS 0.0

ALL OTHER 0.0

D.O D.O
0.0 0.0

ASSISTANCE FROM IfJT ER NAT ION AL AGENCIES
19B4 1985 1986

1946-86

TOTAL

487.6

125.4

333.1

3327.8

IBRD

438.0

119.0

312.9

3001 .2

IFC

4.9

2.5

20.2

50.0

lOft

0.0

3 5,. 3

IDS

3.0

0.0

A03

0.0

AFOB

3.0

0.3

. 0.0

9.6

UNDP

4.7

3.9

0.0

93.7

OTHER-UN

D.O

0.0

48.0

EEC

43. 0

0.0

90.0

236

RWANDA

Major General Juvenal Habyarimana has headed the Government
since his accession to power in a nonviolent coup in 1973.
The President is also the founder of the single party, the
National Revolutionary Movement for Development (MRND) .
Government policy is set by the President in consultation with
the party's central committee and the Council of Ministers.
Laws are adopted by the National Development Council (the
legislature), which was established in 1982. In December
1983, President Habyarimana, the sole candidate, was reelected
along with a new slate of deputies. Although the legislative
candidates had to be approved by the party, the race was open
to almost all who chose to run.

The major organizations responsible for administration of
justice include the Ministry of Justice, which controls the
courts, the judicial police, and the prison system; and the
gendarmerie, a paramilitary force which receives specialized
police training. In addition, the Central Intelligence
Service in the Office of the President can make certain
decisions which may not be appealed, such as denial of
passports to Rwandan citizens or the extension of visas and
residence permits to foreigners.

Most Rwandans are poor rural farmers. There is little
industry, and imports are expensive because of high
transportation costs. Nevertheless, food production has
managed to keep pace with the high population growth rate.

The Constitution guarantees fundamental human rights, and the
Government, including the President, emphasizes respect for
the rule of law. Although the human rights situation in
Rwanda has generally improved in recent years, one development
of major concern in 1986 was the trial of 295 members of minor
religious sects, accused of inciting disobedience to legal
authority. All, including 11 minors, were sentenced to terms
of 4 to 12 years.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings or
summary executions.

b. Disappearance

Unexplained disappearances have not occurred in recent years.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports of torture in 1986. In the past.
Amnesty International has noted allegations of torture made in
court by political prisoners, involving forced confessions and
electrical shocks, but has also noted the Minister of
Justice's efforts to punish security and police officials
found to have ill-treated prisoners.

Conditions in the overcrowded prisons are generally poor.
Guard training is inadequate. Although Amnesty International
has not released its report on its May 3-10, 1986, visit to

237

RWANDA

Rwanda, the delegation leader indicated on a local radio
interview before departure that the team had been impressed
with the progress toward improving prison conditions. The
Government attempts to cope with overcrowding in part by
periodic amnesties of persons who have served half their terms
or have fewer than 5 years to serve. The most recent amnesty
was announced in September 1986.

d. Arbitrary Arrest, Detention, or Exile

Except for suspects caught in the act of committing crimes,
arrests are normally made with a warrant following
investigation. In most cases, charges must be formally stated
in the defendant's presence within 5 days of arrest. Failure
to meet that requirement is grounds for dismissal of the
charges. Under preventive detention provisions, persons may
be held for 30 days, if public safety is believed to be
threatened, if the accused might flee, or if the penalty
carries a minimum sentence of 6 months. At the end of that
period, a judicial review is mandatory. If warranted, the
detention can be prolonged indefinitely for 30-day periods.
These provisions were rarely invoked during 1986. Detainees
may appeal their incarceration, and the appeal must be heard
within 24 hours by a competent judicial authority. There were
no known exceptions to the legally mandated warrant procedures
and no detentions for political offenses in 1986. The Ministry
of Justice schedules official visits to prisons to ascertain
that the proper documentation exists for each detainee.

Rwandan law prohibits forced labor. Sentencing to exile does
not exist .

e. Denial of Fair Public Trial

The judiciary is statutorily independent and expected to apply
the penal code impartially, but the President appoints and
dismisses magistrates. New laws in January 1982 strengthened
the independence of the judiciary somewhat by improving the
process of selecting judicial personnel and more closely
defining their functions. The administration of justice has
been hampered by poor management and a generally low level of
education among civil servants. The Ministry of Justice is
conducting training programs for officials and judges and
plans to establish a magistrate training center.

All defendants are constitutionally entitled to counsel, but a
shortage of lawyers and the lack of a constituted bar makes it
difficult for the accused to prepare an adequate defense.
Family and other nonprofessional counsel is permitted. Trials
which arouse extensive public interest are often broadcast to
the street to permit persons who cannot be seated in the
courtroom to follow the proceedings.

Rwanda has three separate court systems for criminal/civil,
military, and state security cases. All but security cases
may ultimately be appealed to the Court of Appeals. The State
Security Court has jurisdiction over national security charges
such as treason. Some cases tried before this court have
resulted in innocent verdicts.

The Minister of Justice stated in September 1986 that Rwanda
was holding 10 prisoners convicted of crimes against domestic
security. Presumably this figure includes Theoneste Lizinde,
the former Chief of State Security, who along with four
codefendants was sentenced to death in 1985. The appeals

238

RWANDA

process in their cases is still in progress, and it is
uncertain whether the death sentences will actually be carried
out. Amnesty International in its 1986 Report noted its
concern that Lizinde and other former government officials
were tried in secret, apparently without counsel, and that the
trials did not meet accepted international standards.

In October 1986, 295 members of religious sects not recognized
by the State were convicted of inciting rebellion against
local authority, disobedience of legitimate laws, and unlawful
public meeting. The accused were sentenced to prison terms
ranging from 4 to 12 years. Although the trial was reportedly
conducted in accordance with local rules of due process, the
sentences were unnecessarily harsh for crimes basically
equivalent to civil disobedience. If they are in fact
required to serve more than token prison sentences, members of
this group could be considered political prisoners. During
1986, Amnesty International expressed concern about the
sentencing of the religious nonconformists.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Rwandans are subject to some interference in their private
lives. Police are normally required to have warrants before
entering a private residence but, using the pretext of
checking required documentation, authorities can gain entry
into homes without warrants.

There is no evidence that the Government monitors private
correspondence, and the receipt of foreign publications is
permitted. Rwandans have the right to own property.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law guarantees freedom of speech and press, but public
criticism of the Government, and especially the military, is
rare. This is probably due as much to the tradition of
respecting authority and social pressure to conform as to fear
of government sanction. Candidates in the 1983 legislative
elections were restricted to expressing opinions and
advocating policies sanctioned by party doctrine. However,
some members of the National Development Council have
criticized government policies from the floor of the Council.

The Government produces radio broadcasts, a daily press
bulletin, and a weekly newspaper. Two Catholic church
publications sometimes print muted criticism of political and
economic conditions. Such criticism is tolerated and
occasionally even encouraged by the Government. There is no
record of any journalist having been arrested for what he has
written. The Government has cautioned the press, however, to
avoid what it regards as "harmful" criticism of leaders and
maintains that the press should devote its efforts to
"promoting development." Books and imported publications are
not censored, and academic freedom of inquiry and research is
respected at the university.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is limited. No public meetings or
demonstrations are permitted if there is any chance they will
result in expressions of overt opposition to government

239

RWANDA

policies. The Government permits private associations,
including a wide variety of religious denominations, but
requires that they be registered and accorded legal
recognition.

The Rwandan labor code grants workers the right to organize
"professional organizations." If such organizations establish
a collective bargaining agreement with the employer, they may
negotiate salaries and terms of employment. No unions
currently exist, but the Government is in the process of
forming a labor union, the Central Union of Rwandan Workers
(CESTRAR), which is expected to begin functioning in early
1987. Membership is open to all salaried workers. The union
will be affiliated with the party, which will approve the
slate of candidates for offices. Members will have the
theoretical right to strike, but only with the approval of the
executive bureau. In organizational meetings, the provisional
directors of CESTRAR indicated that its objectives will
include ensuring that labor contributes to the development of
the nation and transcends the parochial interests of
individual workers and trades. The Government has permitted
seminars on labor issues organized by unofficial local trade
organizations which receive some support from foreign labor
confederations and the International Labor Organization.

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and is
generally respected. The population is 70 percent Christian
and 1 percent Muslim, with the remainder following traditional
African or no religious practices. Eighty percent of the
Christians are Roman Catholic, but there are active Protestant
denominations. The Roman Catholic Archbishop of Kigali, who
had been a member of the MRND central committee, resigned from
the committee in January 1986, apparently to bring his status
into accord with Vatican doctrine. The Government depends
upon church-sponsored schools for a considerable portion of
education in Rwanda (over 85 percent of secondary schools are
church sponsored) .

The Government does not openly favor one religion over another,
but in 1986 prosecuted 295 members of minor religious sects —
the Abarokore, Abatampera, Abantu B'imana Bihana, and Jehovah's
Witnesses — for inciting disobedience to legal authority. The
offenses included refusal to participate in political party
activities and to pay party dues, holding unauthorized
religious meetings and, in some cases, failure to participate
in required community service work. The accused were
prosecuted under specific provisions of the penal code, and
the Government argues that they are not being persecuted for
their religious beliefs. The accused reportedly maintain that
allegiance to political entities is against their religion.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement and residence within Rwanda is restricted
by laws and regulations which require people to hold national
identity cards and residence and work permits. People who
wish to spend more than 3 days in a township other than their
own must obtain permission from the authorities of the area
they will be visiting. Police conduct periodic checks,
especially in urban areas, and return all those not registered
in the locality to their own township. Property owners who do
not require tenants to show valid documentation are subject to

240

RWANDA

fines and even imprisonment. "Clandestine" tenants are
subject to expulsion.

Foreign travel is closely controlled through the granting or
refusal of passports, preceded by a security check of each
applicant by the Central Intelligence Service. Rwandans often
are denied permission to travel abroad, usually without formal
explanation. Properly documented Rwandans may emigrate.

Official policy permits people who left Rwanda as refugees
during the revolution or for other reasons to be repatriated
on a case-by-case basis, but the Government discourages any
mass return on the grounds that the overpopulated land and
underdeveloped economy could not sustain the burden. However,
the Government has recognized the citizenship claims of some
of the persons forced into the country from Uganda in October
1982. Throughout 1986 it continued resettling 2,500 of those
recognized as Rwandans.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Rwandans have no opportunity to change their government
through a free choice of alternative candidates from opposing
parties. The party, the sole body permitted political
activity, makes all policy decisions and nominations of
candidates for public office. It in turn is dominated by its
president, who chooses the secretary-general and central
committee, and is the only constitutionally recognized
candidate for president. Every citizen is automatically a
party member and required to pay party dues on a sliding scale
representing 1 or 2 days' pay per year. Delegates are both
elected and appointed to the party's governing national
congress, which meets every 2 years (most recently in December
1985). The essential function of the congress is to endorse
the programs presented by the party leadership.

Only candidates approved by the party may run for the
legislature, the National Development Council. The President
can also veto candidates for the Council. Within the
one-party system, the voters can and do exercise some
influence on the process, as demonstrated by the fact that
many incumbents have been defeated in recent elections.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Rwanda has made a concerted effort in recent years to
participate in human rights activities and to improve its
human rights record. Representatives of the International
Committee of the Red Cross (ICRC) have made periodic visits to
prisons. There were no reports of requests for outside
investigations of alleged human rights violations in 1986. A
delegation from Amnesty International visited Rwanda May 3-10,
1986, and received extensive cooperation from the Government.
The delegation visited a number of prisons, interviewed
prisoners, including political prisoners, and met with the
President, the Minister of Justice, and many other officials.
Rwanda is a signatory to the International Covenants on
Economic, Social and Cultural Rights and on Civil and
Political Rights and the Organization of African Unity's
African Charter of Human and Peoples' Rights. Rwanda is also
a member of the U.N. Human Rights Commission.

241

RWANDA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Rwanda's preindependence, traditional, feudal society, which
was dominated by the Tutsi ethnic group (10 percent of the
population, according to the 1978 census), was transformed in
1959 by a revolution of the majority Hutu (89 percent of the
population) into a society with a greater emphasis on
individual rights. An ethnic majority government confirmed
these internal changes at independence in 1962. During the
next decade, Hutu efforts to redress the social, economic, and
educational imbalance led to division and corruption among the
Hutus and to sporadic ethnic strife. This gave rise to the
coup d'etat which brought President Habyarimana to power.

The Constitution states, "all citizens are equal before the
law, without any discrimination, notably that of race, color,
origin, ethnicity, clan, sex, opinion, religion or social
position." However, the requirement that ethnic origin be
listed on identity documents helps to ensure that informal
quotas corresponding to the Hutu/Tutsi ratio in society are
not exceeded. The Tutsi minority has in fact been relegated
to a minor role in government, civil service, and the military
but is better represented in private business.

Following the Government's steps to restrict the activities of
some religious groups, there have been indications of
discrimination based on religious affiliation. For example,
one high ranking government official was reportedly threatened
with arrest because of his membership in the Jehovah's
Witnesses sect, and three Jehovah's Witnesses were fired from
the Ministry of Transport and Communication for their
religious beliefs.

Women perform most of the agricultural labor and have
benefited less than men from social development. Despite the
language in the Constitution, women's rights to property are
limited, and women are not treated equally in divorce
proceedings. Moreover, women have fewer chances for
education, employment, and promotion, often because society
expects them to remain in uneducated traditional roles at
home. Family planning services are still inadequate but are
improving. There are virtually no day-care services for
children of mothers who wish to work. There are few
organizations promoting women's interests, and efforts to
establish a national women's organization within the party
have been unsuccessful to date. Women play a marginal role in
political life. Nevertheless, there are now 3 women in the
party's 21-member central committee, and 9 women among the 70
legislative deputies. There are also a number of women on
councils at the local level.

CONDITIONS OF LABOR

In the wage sector, children under 18 are not permitted to
work without their parents' or guardian's authorization, and
they may not work at night except under exceptional
circumstances on a temporary basis. The Minister responsible
for labor affairs may grant work permission to a child under
14. This Minister also sets the minimum wage and overtime
rates. Hours of work and occupational health and safety in
the modern wage sector are controlled by law and enforced by
labor inspectors.

242

U. S.OVERSEIS

•LOANS ftND GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: RWANDA

1 934

1935

1986

[.£CON. ASSIST. -TOTAL. . ,

LOANS ,

GRANTS

A. AID

LOANS •

GRANTS

(SEC. SUPP. ASSIST.)..,

B. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-T3TAL ,

REPAY. IN $-LOANS....
PAY. IN FOR. CURR.. .. ,

TITLE II-TOTAL ,

E. RELIEF. EC. DEV 5 WFP,

VOL. RELIEF AGENCY. . ...

C. OTHER ECON. ASSIST..,

LOANS ,

GRANTS ,

PEACE CORPS ,

NARCOTICS ,

OTHER

II. ^IL. ASSIST. -TOTAL.

LOANS ,

GRANTS ,

4. MAP GRANTS

B. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG. ,
O.TRAH-cXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. & MIL,

LOANS

GRANTS

12.3

24.7

7.0

0.0

12.8

24.7

7.0

8.3

18.8

6.9

0.0

3.3

13.8

6.9

0.0

12.0

0.0

4.4

5.8

0.0

4.4

5.8

0.0

4.4

5.8

0.0

0.4

1.6

0.0

4.0

4.2

0.0

0.1

0.0

0.1

0.0

o-.o

0.0

O.D

0.1

0.0

0.1

0.0

0.1

0.0

12.8

24.8

7.1

0.0

12.3

24.8

7.1

OTHER US LOANS.' 0.3

0.
0,
0,

.0 0.
.0 0.
.0 0.

£X-IM BANK LOANS 0.0

ALL OTHER 0.0

.0
■ 0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

43.3

22.3

59.1

515.0

IBRD

3.0

0.0

IFC

0.3

0.0

1.1

IDA

9.0

16.3

59.1

293.8

ID3

0.0

A03

3.0

0.3

0.0

AFD3

30.3

4.9

, 0.0

113.7

UNDP

1.2

1.1

0.0

35.9

OTHER-UN

3.0

0.0

10.3

EEC

0.0

60.2

243

SAO TOME 8. PRINCIPE*

Sao Tome and Principe has been a one-party state since gaining
independence from Portugal in July 1975. Effective political
power is concentrated in the Presidency and the party, the
Movement for the Liberation of Sao Tome and Principe (MLSTP) .
The country is composed of two small islands off the west coast
of Africa with a total population of about 105,000. At
independence, Manuel Pinto da Costa, the leader of the
political party, was chosen President without opposition by the
party and the Popular Assembly, constitutionally the supreme
organ of state and highest legislative body. The party
reconfirmed him for a third 5-year term in September 1985.

No political opposition is permitted outside the party. Small
opposition groups in exile in Portugal and Gabon have thus far
shown no evidence of being able to influence events on the
islands. There is no known organized political opposition in
Sao Tome itself. There are approximately 75 Cuban technical
advisors, and the small Sao Tomean army is reinforced by
approximately 500 troops from Angola.

In the past the Government drew heavily on Marxist-Leninist
principles, stressing state control of the means of
production. With a deteriorating economic situation, state
control was reduced and the private sector was strengthened.
The steady decline in cocoa exports, which account for 90
percent of Sao Tome's exports, reflected both lower world
prices and serious management problems on the nationalized
plantations. Inadequate rainfall since 1983 has further
reduced the production of all crops, resulting in serious food
shortages and the need for food assistance from the United
States and other Western countries. In September 1986, the
first trilateral development assistance agreement between Sao
Tome and Principe, Portugal, and the United States was signed.
The Soviet Union signed an aid agreement, for the purchase of
Soviet consumer goods, in January 1986.

There was no known change in the overall human rights situation
in 1986. Freedoms of speech, press, and assembly are
circumscribed, but some public criticism of government policies
is permitted. All news media are under government control. On
May 23, 1986 Sao Tome and Principe ratified the Organization of
African Unity Charter on Human and Peoples' Rights.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of politically motivated disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

No reports of such abuses were received in 1986.

*There is no American Embassy in Sao Tome. Information on the
human rights situation is therefore limited.

244

SAO TOME & PRINCIPE

d. Arbitrary Arrest, Detention, or Exile

Although some Sao Tomeans were arrested in 1984 and detained
without trial for public criticism of the Government, there
have been no reports of similar abuses in 1986. There are
several opposition politicians living in exile, e.g., former
Prime Minister Miguel Trovoada, and former Minister of Health
Carlos da Graca, but the Government has indicated that they are
free to return.

There have been no reports of the use of forced labor.

e. Denial of Fair Public Trial

The Constitution does not address the right to a public trial,
but there have been instances of public trials of persons
accused of common crimes in recent years. Criminal trials are
occasionally reported by the local media. In most cases,
however, common criminals are given a hearing and are sentenced
by a judge. To date the only political prisoners given trials
were those accused of coup-plotting in 1977. In those trials
and in criminal trials since that time, the accused were
assigned counsel by the Government. There is no tradition of
independent defense counsel.

As of the end of 1986, the Government claimed that it held no
political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Because of Sao Tome's geographic isolation and its small
population, the Government does not have a highly intrusive
security system to detect opposition opinion. However, the
Government's loosely organized system of informers and its
monitoring of political activities ensure that potential
dissidents are identified.

Section 2 Respect for Civil Liberties, Including;

a. Freedom of Speech and Press

The security services are alert and react quickly to public
expressions of opposition or dissatisfaction with the
Government. All Sao Tomean media are government organs. They
consist of one television station which broadcasts 2 days per
week; a radio station which carries music, government news
releases, and instructional programs; and a weekly two-to-four
page newspaper of government news releases. No public written
criticism of the Government seems to be tolerated, but oral
criticism at party-sponsored meetings exists. The only foreign
wire service items are occasional items from Soviet and Angolan
sources. Voice of America Portuguese language programs reach
Sao Tome and are listened to without interference. Sao Tome
Radio also uses VOA taped music programs.

b. Freedom of Peaceful Assembly and Association

Political assembly and activity are legal only within the
country's sole political party, the MLSTP . Cultural and social
organizations require government approval, which is believed to
be easily obtained.

The sole trade union, affiliated with the party, exists mainly
on paper. In 1986 there were several spontaneous strikes and

245

SAO TOME & PRINCIPE

job actions at cocoa estates. In April, workers from the Santa
Margarida cocoa estate marched in the center of Sao Tome
ostensibly to protest a reshuffling of ministers. There is no
explicit legislation forbidding strikes. There is no
information currently available on whether collective
bargaining is legally permitted.

c. Freedom of Religion

Religious freedom is guaranteed by the Constitution. The three
religious communities — Roman Catholic, Evangelical Protestant,
and Seventh-Day Adventist — are allowed to practice freely. The
Government provides some funding for a school and a social
services center managed by the Catholic Church.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The geographic isolation and poverty of the country severely
limit foreign travel and emigration. In addition, the
Government closely controls exit visas for the few people who
do travel. Almost all trips outside the islands are for
governmental missions or medical evacuation. Domestic travel
is not controlled by the Government, and people move freely on
the islands of Sao Tome and Principe. The lack of reliable and
affordable air service severely limits interisland travel.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Government policy is determined by President da Costa, in
consultation with his key cabinet and security officials. The
leadership uses the MLSTP to consolidate its rule at the local
level and to assist in selecting candidates for the Popular
Assembly. In the 1985 elections to the Popular Assembly,
persons at the local level were allowed, even encouraged, to
speak out and to give their opinions on various government
policies. In many districts, the voters rejected the official
party candidate in favor of another candidate. Party
membership has been expanded in recent years and now stands at
about 2,900. Internal security is reinforced by Angolan troops.

There are small exile groups in Portugal and Gabon. In May
1986, former Minister of Health Carlos da Graca resigned the
chairmanship of the National Resistance Front of Sao Tome and
Principe (FRNSTP) based in Libreville, saying that the recent
economic liberalization by the Government and its opening to
moderate African states made his further leadership of the
FRNSTP unnecessary. Da Graca said he would remain in exile
until Angolan troops withdrew from the country.

An incident in 1986 that still remains murky was the arrival in
a fishing boat at Walvis Bay, Namibia, of 76 young black male
Sao Tomeans who claimed to belong to the FRNSTP. FRNSTP
officials in Libreville claimed that these men had been
expelled from the movement, while the Sao Tome Foreign Minister
stated that the 76 were not political opponents at all, but
rather "opportunists."

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights.

The extent to which the Government is aware of or influenced by
international human rights organizations is not known.

246

SAO TOME 8. PRINCIPE

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Sao Tome population is relatively homogeneous, and there
have been no reports of policy discrimination on a tribal,
regional, sex, or religious basis among Sao Tomean citizens.
As energetic outsiders. Cape Verdeans in Sao Tome do suffer
some informal discrimination.

Women have constitutional guarantees of equality, and several
are active in public life. One senior official, the Minister
of Education and Culture, is a woman, as is the President of
the Popular Assembly. There are at least two women members of
the central committee of the party. Cultural factors, rather
than legal restraints, limit the actual participation of women
in government .

CONDITIONS OF LABOR

Legislation requires that a minimum wage of approximately $55
per month be pa'd to workers. There are reports that workers
at several cocoa estates were not paid for several months or
did not receive the minimum wage for an extended period of
time. A legal minimum employment age of 18 years is apparently
observed in practice. Basic occupational health and safety
standards are contained in the Social Security Law of 1979.

247

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOA^J AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SAO TOME AND PRINCIPE

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
DAY.
TITLE
e.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS ,

ANTS

.SU°P. ASSIST.) .. .

FOR PEACE ,

ANS

ANTS

I-TDTAL

. I>J $-LOANS....,
IN FOR. CURR....,

II-TOTAL

lEF.EC.DEV J WFP,
ELIEF AGENCY.. .. ,
R ECON. ASSIST..,

AN S

ANTS

PEACE CORPS

NARCOTICS ,

OTHER

II.fllL. AS3IST.-T0TAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.EO.TRNG. .. .
O.TRAN-EXCESS STOCK...

£. OTHER GRANTS.

III. TOTAL ECON. S MIL...

LOANS

GRANTS

1.0

0.1

0.7

0.0

D.O

1.0

3.1

0.7

0.0

0.7

0.0

3.0

0. '

O.D

0.0

1.0

0.1

J.O

0.0

1.3

0.1

1.0

0.0

O-r"

0.0

1.0

3.1

0.0

0 5

0.1

0.0

0.5

0.0

O.D

3.0

0.0

Q.O

0.0

o-.o

0.0

3.0

0.0

3.0

0.0

1.0

0.1

0.7

0.0

1.0

0.1

0.7

OTHER US LOANS. .. ,
EX-IM SANK LOANS,
ALL OTHER

0.3
0.0
0.0

0.0

0.0
0.0

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
198A 1935 1936

1946-86

TOTAL

0.3

8.1

0.0

19.3

I3RD

0.0

o'.o

0.0

IPC

0.0

IDA

0.0

5.0

0.0

5.0

ID3

3.0

0.3

0.0

A03

0.0

Q.O

0.0

AF03

0.2

3.1

0.0

12.0

UNDP

0.1

0.0

■ 0.0

1.9

OHER-UN

0.0

0.4

EEC

0.0

66-986 0-87-9

248

SENEGAL

Senegal is a republic with a democratically elected president
and a unicameral legislature. After acceding automatically to
the presidency in January 1981, when former President Senghor
retired, Abdou Diouf was elected in his own right in freely
contested elections in 1983. A new parliament was elected at
the same time with President Diouf 's Socialist Party winning
111 of the 120 seats. Senegal has longstanding democratic
traditions which predate independence, and there is wide
public interest in, and debate on, political matters. While
the Socialist Party has dominated the public scene since
independence from France in 1960, Senegal is a true multiparty
state with 16 legal political parties.

The Senegalese military has a well-earned reputation as an
apolitical and professional organization and is respected by
the population. The generally well-trained and disciplined
civilian security forces respect the laws they enforce.

Although the Government and the majority party describe the
national economy as Socialist, the Government has taken steps
to reduce its involvement in many sectors of the economy,
including selling off some state-owned enterprises and
encouraging private initiative in agriculture and industry.
However, with wages frozen and prices rising for agricultural
products and consumer goods, there was increased concern in
1986 about the political impact of the economic reform program.

Long- and short-term trends in the human rights context remain
positive. The legal system is active and effective in
protecting human rights. The political process works well
despite some concerns about the fairness of the electoral
laws. The Government continued to provide strong support to
several Dakar-based organizations which study human rights
questions in Africa and the Third World. The only credible
allegations of human rights violations in 1986 concerned
prisoners who said they were tortured while in detention after
separatist rioting in late 1983.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing.

There was no evidence of any killings at government
instigation or for political motives.

b. Disappearance

There were no reports of abduction of individuals by official,
quasi-official, opposition, or vigilante groups.

c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment

Government officials in Senegal generally adhere to the
section of the criminal code prohibiting physical abuse.
There have been instances reported, however, of the use of
force by lower level police officials in the interrogation of
suspected criminals. During their trial in late 1985 and
early 1986, most of the persons accused of participating in
the separatist riots in Casamance in 1983 claimed they had

249

SENEGAL

been tortured by police and gendarmes after being arrested.
While an internal investigation reportedly began in 1986, and
as many as 12 gendarmes faced possible charges, there had been
no announcements and no prosecutions by the end of 1986.

Prison conditions are crowded, and food is little above the
subsistence level. Harsh prison conditions are partly
alleviated by the access to prisoners by clerics, friends, and
families, who are permitted and expected to provide food and
amenities .

d. Arbitary Arrest, Detention, or Exile

The constitutional prohibition against arbitrary arrest or
detention is respected in practice. Persons are not generally
detained, punished, or tried for the expression of views
critical of or different from the Government. However, in
1986 one journalist complained, in print, that he had been
arrested, questioned, and held for several days for carrying
copies of an "unauthorized newspaper," a charge he denied.
Preventive detention is permitted indefinitely when civil
authorities determine that there is a threat of civil
disturbance or that an individual is a threat to himself or
others, such as in the case of the Casamance separatist
supporters (see Section I.e.).

The Senegalese legal system is patterned after the French
system. A person suspected of a crime may be legally held
without charge for 48 hours after arrest and may be held up to
72 hours if ordered by a public prosecutor. This law is
generally respected by law enforcement officials, and charges
are formally and clearly drawn. By law, every person has
access to legal counsel during every step of the legal
process. In practice, persons with means will have private
legal counsel, while the law makes provision for public
defenders for indigents.

There is no forced or compulsory labor in Senegal.

e. Denial of Fair Public Trial

Senegal has an active, independent, and well-trained
judiciary, which is constitutionally independent of the
executive, the legislature, and the military. Court officials
are trained lawyers who have completed a number of years of
required apprenticeship. Trials are open to the public, and
defendants have the right to a defense attorney, many of whom
are very skilled and aggressive in the protection of their
clients. Ordinary courts hold hearings which are presided
over by a panel of judges and, in the case of criminal
charges, include a panel of citizens sitting with the judges
as a form of jury.

There are three categories of special courts: The High Court
of Justice, The Security ("political") Court, and the military
courts. The High Court of Justice was created for the sole
purpose of trying high government officials for treason or
malfeasance. It has not been convened since the early 1970 's.

The Security (or "political") Court consists of a judge and
two assessors and has jurisdiction over cases involving
politically motivated crimes. This court was called into
session in November 1985 for the trial of 105 persons accused
of participating in a December 1983 separatist insurrection in

250

SENEGAL

the southernmost region of Casamance, in which 3 gendarmes
died and 80 persons were injured. The trial ended January 4,
1986, with relatively lenient sentences, considering the
violence of the incidents and the penalties requested by the
prosecution — 73 defendents were freed outright, 31 received
sentences ranging from 2 to 15 years, and 1 received life
imprisonment. The trial was held in open court and marked by
procedural controversy, which delayed the testimony. The
defendants claimed that they had been held in prison for
excessive periods after arrest before being officially
charged, and that they had been beaten and tortured at the
hands of police or gendarmes. The military court system has
jurisdiction over offenses committed by members of the armed
forces during peacetime (in wartime, courts-martial may be
convened). Civilians may not be tried by military courts.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Senegalese bureaucracy, patterned after the French system,
is highly centralized and requires of Senegalese citizens a
fairly extensive array of documentation for purposes of
education, obtaining social security benefits, etc. The
intent, however, is not coercive, and there is otherwise
little Government interference in the private lives of
Senegalese citizens. There is no coercion to join a
particular political party or to participate in political
demonstrations. A wide variety of political expression is
possible and is not subject to restrictions other than those
relating to public order. There is no evident pattern of
monitoring the private written or oral communications of
Senegalese citizens. There are constitutional and legal
safeguards against arbitrary invasion of the home. Search
warrants are required and may be issued only by judges and in
accordance with procedures established by law. There is no
evidence that public security forces have violated the law in
this regard.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Senegal enjoys freedom of speech and press both in theory and
in practice. The Constitution guarantees the right of each
person to express and disseminate opinions freely. Full
academic freedom is enjoyed by the schools and the country's
sole university.

There is neither censorship nor banned publications in
Senegal. Publishers are required to register with the Central
Court prior to starting publication, but such registrations
are routinely approved. There are several regularly published
magazines and newspapers and a number of publications which
appear sporadically, reflecting a broad range of opinion from
conservative to Marxist. The country's most professional and
informative newspaper is controlled by, and supports, the
majority Socialist Party. However, articles critical of
government policies and officials regularly appear even in
this paper. Other publications, representing other
viewpoints, are sometimes vociferously critical of the
Government. Foreign publications are not banned or censored.

The editor of an opposition newspaper, arrested in August 1985
on charges of defamation of the Head of State and the

251

SENEGAL

Government (slander), was released after serving a sentence of
230 days. Opposition leaders described his arrest as an
attempt to muzzle the media. Since his release, he has
resumed publication of his paper, which continues to voice
criticism of the Government's policies, albeit with more
restraint and discretion.

Television and radio stations are owned by the Government;
activities of the Socialist Party are given prominence, but
there is occasional coverage of the declarations and
activities of the opposition parties.

b. Freedom of Peaceful Assembly and Association

Senegalese freely and frequently exercise their constitutional
right of assembly. Prior authorization for public
demonstrations is required, and demonstrations or protest
meetings against government policies are closely monitored by
security services. In April 1986, students at the University
of Dakar planned a march from the campus to the U.S. Embassy
to protest the American raids on Libya. They were denied
permission for the march, and the authorities stationed
gendarmes and troops at choke points near the campus and on
the route to the Embassy. When the students saw the show of
force, they confined their march to the university grounds.
No one was arrested or detained.

Workers have the right to organize and bargain collectively
and to strike if negotiations are unsuccessful. Less than 25
percent of the labor force is unionized. In most union
activities, economic and work-related issues are the principal
concerns. The major trade union confederation, the National
Confederation of Senegalese workers (CNTS), is affiliated with
the ruling Socialist Party. There are also small independent
trade unions which are important to the society and economy of
Senegal. The CNTS is entitled by law to ministerial posts but
rather than fill them itself has chosen to retain the right to
veto the President's nominations. In the past, the Governm.ent
has used its connection with the CNTS as a useful means of
informing workers of government policies, gaining better
understanding of worker complaints and problems, and ensuring
that strikes are legal and called only over significant
grievances. In September workers at the printing plant which
produces Dakar's daily newspaper stopped work to protest a
management decision to cease providing transport for employees
who worked night shifts. A compromise was reached after a
week, and the printers resumed work. The International Labor
Organization maintains a regional office in Senegal.

c. Freedom of Religion

Senegal is constitutionally a secular state, and freedom of
religion is a legal right which exists in fact. Islam is the
religion of over 85 percent of the population. Other
religions, primarily Catholicism, are freely practiced.
Missionary activity is permitted, and foreign Protestant
missionaries are active in several regions of the country.
Conversion is permitted, and there is no discrimination
against minority religions. Adherence to a particular
religion confers neither advantage nor disadvantage in civil,
political, economic, military, or other sectors.

252

SENEGAL

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Senegalese Constitution states that all citizens have the
right to move and establish themselves freely anywhere in
Senegal, a right that is respected in practice. Since 1981,
exit visas are not required for travel outside the country.
There is no restriction on emigration, and repatriates are not
officially disadvantaged on return to Senegal.

Senegal is host to 5,140 recognized and assisted refugees.
Prior to the April 3, 1984 coup in Guinea, there were an
estimated 500,000 Guineans in Senegal most of whom were not
officially recognized as refugees. Most of them have since
returned to Guinea. There is a regional office of the United
Nations High Commissioner for Refugees in Dakar. Senegal
continues to make places available for refugee students from
other countries at the University of Dakar and other
educational institutions. An opposition newspaper reported in
late September that three "political refugees," opponents of
the Government of Guinea-Bissau, had been arrested in the
Dakar area and extradited to that country in August. The
Senegalese Government has indicated that the three were
involved in planning active intervention against the Bissauan
Government, which would violate any agreement for refuge under
which they entered Senegal.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Senegal is a functioning multiparty democracy with universal
suffrage. There are currently 16 legally registered parties
ranging in ideology from conservative to Trotskyite.
Presidential and parliamentary elections were last held in
February 1983, with rural and municipal elections in November
1984. The next general elections are scheduled for February
1988. While there is a long tradition of democracy in
Senegal, political life throughout the post independence period
has been dominated by the Socialist Party, which won the
presidency and 111 of the 120 parliamentary seats in the 1983
elections, and which swept the municipal and rural elections
the following year. Opposition parties complained that
changes in the electoral law favored the government party by
removing the requirements for voter identification, a secret
ballot, and opposition representation when ballots were
counted. While the consensus was that the 1983 voting was on
the whole free and fair, the largest opposition party, with
eight seats in the Parliament, decided to boycott the 1984
elections. In 1986 several of the opposition parties
announced their intention to boycott the 1988 general
elections unless the electoral law is modified. The
Government is reportedly studying the issue.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Senegal is a leader among African countries in the
establishment and promotion of international standards for
human rights practices. Senegal was the original sponsor of
the Human Rights Charter of the Organization of African Unity
and is also an active member of the U.N. Human Rights
Commission. Dakar is the headquarters of the African Bar
Association's Institute of Human Rights, an organization which

253

SENEGAL

trains lawyers and judges in translating general human rights
principles into practical legal and judicial procedures. A
number of Senegalese are prominent in African and
international human rights activities. Senegal maintains a
dialogue with organizations such as Amnesty International,
whose 1985 Report apparently influenced the Government to move
forward with the trials of the Casamance detainees.

Section 5 Discrimination Based on Sex, Race, Religion,
Language, or Social Status

There is no discrimination in Senegal based on race, religion,
or language. While there is no discrimination in law based on
sex, since the country is predominantly Muslim (over 80
percent of the population). Islamic customs including polygamy
and the rules of inheritance generally prevail, especially in
the rural areas. Women are active participants in the
political process, and several parties, including the dominant
Socialist Party, have sections promoting women's rights.
Twelve women are deputies in the National Assembly, and there
are three women in President Diouf's Cabinet. In addition, a
number of government ministries employ women in key positions,
e.g., the political director of the Ministry of Foreign
Affairs. In other ministries key agronomists, statisticians,
and economists are women. In the urban areas, the lay
character of the State and the nondiscriminatory nature of the
country's legal system is more likely to prevail.

A subtle form of discrimination based on social status does
exist, although it has been officially outlawed for several
years. It concerns those families "of caste," who were
traditionally occupied with menial or dirty jobs in the
community — tanners, blacksmiths (and by extension, gold and
silversmiths), wood carvers, some fishermen, etc. Although it
is against the law to even mention the caste of a Senegalese,
in fact virtually all citizens of the country know where each
person fits in the social hierarchy. There have been articles
in the press describing frictions which result from this
social stratification. For example, a family may refuse to
permit the marriage of a daughter to a young man of caste
because it would lower her status. The Government would like
to see this discrimination disappear and has legislated
against it, but old traditions persist.

CONDITIONS OF LABOR

While there are industry-wide statutes concerning the minimum
age for employment of children, the economic situation in
Senegal has created an environment wherein a substantial
number of underage workers are employed, particularly in
cottage industries. Through collective bargaining,
principally by the National Confederation of Senegalese
Workers, there are legal guidelines for occupational safety
and health, minimum wages, and limits on working hours. In
practice, however, these guidelines are often ignored and
working conditions in Senegal, as in most third world
countries at a similar stage in their economic development,
are below Western standards.

254

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SENEGAL

1984

1985

1986

CON

A. AID

(SE

3.F00

TITLE

SEPA

OAY.

TITLE

E.Rc

i/OL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) .
R PEACE

QTAL ,

N $-LOANS....,
FOR. CURR.. .. .

TOTAL

.EC.DEV i WFP,
SF AGENCY.. .. ,
CON. ASSIST...

CE CORPS.
COTICS...
ER

•TOTAL.

II.MIL. ASSIST.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.
C.INTL MIL.EO.TRNG.
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S "I I L .

LOANS

GRANTS

51.2

53.2

52.3

0.0

51.2

53.2

52.3

34.6

44.4

50.2

O.D

0.0

34.5

44.4

50.2

10.0

15.0

27.5

14.7

6.8

0.0

14.7

6.8

0.0

14.7

6.8

0.0

9.3

2.0

0.0

5.4

4.8

0.0

1.9

2.0

2.1

G.O

0.0

1.9

2.0

2.1

1.9

2.0

2.1

0.0

2.5

3.5

3.4

0.0

2.5

3.5

3.4

2.0

3.0

2.9

0.0

0.5

0.0

53.7

56.7

55.7

0.0

53.7

56.7

55.7

OTHER US LOANS. .. ,
EX-IM BANK LOANS.
ALL OTHER

0.0

0.0
0.0

0.0
0.0
0.0

0.0
0.0

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
19S4 1985 1986

1946-86

TOTAL

79.6

39.5

7.5.0

981.0

I3R0

0.0

158.9

if:

3.2

0.0

2.6

38.5

104

62.1

24.0

72.4

445.0

103

0.0

A03

0.0

AF03

13.0

13.5

■ 0.0

73.0

UNDP

1.3

2.0

0.0

45.6

OTHER-UN

0.0

O.D

0.0

7.4

ee:

0.0

212.6

255

SEYCHELLES

The Government of Seychelles, led by President France Albert
Rene, took power in June 1977 in a military coup d'etat and
forced into exile a number of former leaders, including ex-prime
minister James Mancham. In 1979 a new Constitution was
promulgated which formally abolished all political opposition to
the socialist ruling party, the Seychelles People's Progressive
Front (SPPF). This Constitution provides for a strong
presidential executive, who appoints ministers, and a People's
Assembly of 23 members and several appointed members.

In the past, there have been external threats. Tanzanian
troops, now no longer on the islands, helped put down a mutiny
in the armed forces in 1982. The defense force repulsed a
November 1981 attack by mercenaries financed by Seychellois in
exile. The Seychelles has a defense force of about 1,000
persons, as well as a uniformed police force of 500 and a
People's Militia of about 2,000.

The Seychelles economy relies predominantly on tourism for
foreign exchange. The tourism industry, which fell dramatically
in the early 1980 s, has since revived, and some 70,000
foreigners visited the Seychelles during 1986. Seychelles has
actively sought to diversify the economy by granting fishing
licenses to French, Spanish, Korean, and Japanese trawlers and
by expanding the fishing port in Victoria through donor
assistance .

The human rights situation in Seychelles changed little during
1986. The Constitution does not guarantee fundamental human
rights but rather includes them in a preamble as the goal of the
people of Seychelles. The President has reaffirmed his
determination to put down opposition elements, and the
Government continued to use exile as a means of suppressing
dissent. On the positive side, the President reaffirmed his
commitment to freedom of religion and promised that the
Government would neither interfere in church affairs nor
restrict the right of religious groups to speak out, including
through their influential media outlets.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known instances of killing for political motives.
Members of the opposition allege, however, that Gerard Hoareau,
leader of the London-based Seychelles National Movement, who was
killed in November 1985, was assassinated by government agents.

b. Disappearance

There were no reports of disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution explicitly forbids torture. While instances of
torture are infrequent, one prisoner, detained for political
reasons, reportedly was burned with cigarettes and had his beard
set on fire.

256

SEYCHELLES

Generally, prisoners are well fed and supervised by professional
prison wardens. Prisoners are normally incarcerated on isolated
islands, although family visits are routinely arranged.

d. Arbitrary Arrest, Detention, or Exile

At the end of 1986, there were no known cases of persons still
under detention under provisions of the Preservation of Public
Security Act. Under this Act, the President exercises
quasi-judicial powers. For example, detention orders are served
on authority of the President who can suspend habeas corpus
where public security is involved. This Act, enacted in
December 1981 following an attack by mercenaries, has been used
on several occasions in recent years and has tarnished the
Government's reputation. Six persons were arrested in June 1986
under this Act, including Phillippe Boulle, the leading human
rights activist in the country, but the six were subsequently
released. In addition, police have held persons for 24 hours
for "questioning" regarding alleged antigovernment activities.
In particular, persons who seek to mobilize public opinion
against the Government run a serious risk of being held for
"questioning," and if government employees can be fired without
recourse to appeal. Others face social and economic harassment
and receive direct or anonymous threats which they believe
originate from government officials as signals to leave the
country. Frequently, opponents of the Government are urged to
emigrate, an option that many have chosen over the years.

There is a prohibition against the use of forced or compulsory
labor, and such practices have not been employed in Seychelles.
There is, however. National Youth Service for all persons 14 to
16, which has elements of military training and discipline, as
well as academic study.

e. Denial of Fair Public Trial

Defendants in nonpolitical (both civil and criminal) cases have
access to counsel and have enjoyed speedy and fair trials.
Trial procedures are patterned in large measure on English
common law, although there is also a heavy influence of
Napoleonic customary law. Judges are provided under
arrangements with the British Commonwealth and, except for
security cases, have exhibited considerable independence from
the executive and legislative branches of the Government. The
Chief Justice, who is appointed by the President, has stressed
on several occasions that it is the judiciary's responsibility
to impose sentences as required by law and that it should
reflect the will of the legislature. Seychelles' law requires
that a member of the armed forces be tried by court-martial
unless the President decrees otherwise.

Amnesty International adopted Royce Dias, a known opponent of
the Government, as a prisoner of conscience. Dias' 7-year
sentence for possession of drugs was recently reduced by the
appeals court to 5 years. The pardoning of a relative of a
senior yovernment official for a similar criminal offense
rekindled suspicion that the criminal charges against Dias were
fabricated for political reasons.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The authorities have broad powers of search and seizure without
a warrant. The Seychelles Marketing Board Act, passed in 1984,

257

SEYCHELLES

allows police to enter any premises, private or public, and to
seize any documents which they believe may be in violation of
the Act. Legislation exists which allows the Government to open
mail, domestic as well as international, and it is widely
believed that the Government does so. Since June 1983, the
Government has embarked on a campaign to nationalize private
land, ostensibly to claim unused agricultural land. Although
the Government has stated that compensation will be paid,
relatively few persons have yet received compensation.
Negotiations with previous owners are continuing.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although theoretically protected under the 1979 Constitution,
freedom of speech is exercised sparingly. The Government
controls the major newspaper in the country, as well as all
radio and television broadcasting. Legislation provides for up
to 3 years' imprisonment for anyone "who with intent to bring
the President into hatred, ridicule or contempt, publishes any
defamatory or insulting matter whether in writing, print or word
of mouth, or in any other manner." This same legislation
authorizes a 2-year sentence for anyone who "prints, supplies,
distributes, reproduces, or has in his possession or control"
any publication banned by the Governm.ent for security reasons.
In November 1986, two Seychellois were sentenced for possessing
and reproducing seditious literature. One received a 9 month
sentence while the other received a 6 month suspended sentence
(due to her youth) . The Government has sought to prevent the
importation of pamphlets printed abroad by its opposition.

The President has promised not to interfere with the church's
right to speak out freely. The Catholic Church publishes a
lively paper. Echo des Isles, which is not subject to government
control or censorship. This paper continues to publish some
articles which obliquely criticize the Government. The two
largest religious denominations in the country, the Roman
Catholic and Anglican churches, are each provided 2 free
uncensored hours of broadcasting a month. Both churches have
taken advantage of the monthly broadcast to comment on social
and political issues. Seychelles has for the past 17 years
granted a license for a Protestant radio station (FEBA) to
broadcast religious programs throughout Asia and Africa. FEBA
is planning to expand its facilities in Seychelles. The British
Broadcasting Corporation has commenced building a relay facility
on the main island of Mahe . Foreign broadcasts are widely
listened to and are uncensored. Foreign publications have been
imported and sold without hindrance.

b. Freedom of Peaceful Assembly and Association

The Government has been quick to move against unauthorized
demonstrations and has made arrests under a British colonial law
which prohibits unlawful assembly without a government permit.
All associations, clubs, and other organizations require
government permission to organize, which is usually granted for
nonpolitical groups.

There is one legal union. The National Workers' Union, which is
under direct control of the ruling party. It does not function
as a free trade union, although it plays an advisory role for
workers and seeks better working conditions for its members.
Changes at the 1985 Party conference further restricted the

258

SEYCHELLES

election of labor union officials who, in the future, will be
appointed by the Government. A new labor law was published in
1986 which sets out guidelines for employee/employer relations.
There has been no official strike in Seychelles since 1977.

c. Freedom of Religion

There has been no official religious persecution in Seychelles,
and church services are widely attended. The Roman Catholic and
Anglican churches have flourished, and Muslims and Hindus are
unrestricted in their religious practices. There is a clear
separation between church and state. Religious instruction in
schools has been limited. In response to the church's complaint
that it has been difficult, if not impossible, for children
(ages 14 to 17) in the National Youth Service (NYS) to attend
church on a weekly basis, the Government now allows services to
be held at the NYS camps. As recently as 1984, the President
publicly reiterated his support for religion and said there
would be no government interference in the right of people to
worship as they choose.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on internal travel. Passports may be
acquired by virtually any citizen, although Seychellois
traveling abroad for study at government expense are required to
sign a bond which enables the Government to recoup the cost of
their education should they fail to return. Such persons who
are "bonded" must have government permission to travel abroad
following their return. There are no known cases in which
passports are currently being withheld. There are no
restrictions on voluntary repatriation for those who are willing
to accept the present one-party political system.

Section 3 Respect for Political Rights; The Right of Citizens
to Change Their Government

Since 1979 there has been only one legal political party, the
SPPF. All political (and much social) activity is channeled
through this institution. President Rene, both as President of
the country as well as the Secretary General of the party,
wields much power and influence. Opponents of the party can
neither organize nor express public opposition. The party has
23 regional offices called "branches" which are responsible for
organizing and supervising discussion about current government
policies. These branches are encouraged to report public
opinion in their regions. Such discussions do not normally
affect policy, which appears to be directed from above.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Requests for information are sent to the Chief Justice of the
Supreme Court, who acts as an interlocutor between human rights
groups, such as Amnesty International, and the Seychelles
Government. Reportedly all such inquiries have been answered,
and in some cases these inquiries have led to the release of
detainees .

259

SEYCHELLES

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There is no discrimination in housing, employment, education, or
other social services based on sex or on racial, ethnic,
national, or religious identification. Women enjoy high status
in this essentially matriarchal society. Women have the same
legal, political, economic, and social rights as men. One woman
was recently elevated to the rank of minister. Two women are
serving as central committee members of the party. Many senior
officials, up to and including the rank of secretary of state,
are women .

CONDITIONS OF LABOR

The people of Seychelles enjoy a relatively high standard of
living for a developing country. Labor laws were consolidated
in the Employment Act of 1985, which provides for a minimum
working age of 14 and a minimum wage of $165 per month.
According to officials of the National Workers Union,
occupational safety and health conditions are monitored by the
Union's inspection program.

260

U.S.OVSRSEftS -LOANS 4N0 GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SEYCHELLES

19S4

1935

1986

I.ECON.
LO
GR
A. AID
LO
GR
(S£C
3. FOOD
LO
GR
TITLE
^EPAY
OAY.
TITLE
5.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS.

ANTS

ANS

ANTS

•SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TOTAL

. IJ $-L0AN5....,

IN FOR. CURR

II-TOTAL

lEF. EC.DEV I WFP,

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRftNTS ,

5. CREDIT FINANCING..
C.IHTL MIL.EO.TRNG.,
D.TRAN- EXCESS STOCK.
:. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS....

i MIL,

2.5

2.7

2.3

O.D

0.0

2.5

2.7

2.3

2.0

2.2

2.0

0.0

2.0

2.2

2.0

1.9

0.3

0.0

0.3

0.0

0,0

0.0

0.3

0.0

0.3

0.0

0.2

0.3

0.0

0.2

0.3

0.2

0.3

0.0

0.3

3.0

0.0

2.5

2.7

2.3

0.0

2.5

2.7

2.3

OTHER US LOANS 0.0

0,
0,
0.

.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.3

.0 0.0

ASSISTANCE FROfl INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

3.3

12.4

?.5

53.4

IBRD

0.0

6.2

0.0

6.2

if:

3.0

0.0

9.5

lOA

3.0

0.0

Q.O

108

3.0

0.0

A03

0.0

AFOB

8.0

6.0

, 0.0

34.2

UNDP

3.2

0.2

0.0

3.0

OTHER-UN

0.1

O.D

0.0

0.5

EEC

0.0

261

SIERRA LEONE

Sierra Leone has a one-party system of government with the
President exercising predominant executive authority. The
1978 Constitution, approved in a national referendum,
established the All People's Congress (APC) as the sole legal
party and extended the term of then-President Siaka Probyn
Stevens until 1985. (Stevens first assumed executive power in
1976 following two military coups.) Stevens handpicked Major
General Joseph Saidu Momoh, then Sierra Leone Military Force
Commander, as his successor, and Momoh was confirmed as
President in a national referendum on October 1, 1985.
Parliamentary elections were held in May 1986. All candidates
in the 105 constituencies were officially sanctioned by the
party, but as many as 5 were permitted to run in each district.

The government security structure, which includes the police,
the military forces, and a Special Security Division (SSD),
does not generally interfere with the rights of individuals.
Certain army units were accused of trying to force merchants
to sell rice at fixed government prices in 1985, but there was
no repetition of such charges in 1986.

Sierra Leone is considered by the United Nations to be among
the world's least developed countries. About 70 percent of
its 3.9 million population is engaged in agriculture, mainly
at the subsistence level. The Constitution recognizes the
right to own private property. Most of the modern sector of
the economy is privately owned, but there is government
ownership in certain key sectors, particularly mining and
transportation. Austerity measures aimed at reforming Sierra
Leone's economy and meeting conditions for continued access to
International Monetary Fund loans were initiated in July
1986. As a result, the majority of the population has
experienced some hardship, but there has been relatively
little overt public discontent.

There were no reports of major human rights abuses in Sierra
Leone during 1986. Significantly less campaign violence
occurred in the 1986 elections than in the previous national
elections. Irregularities were reported in 17 constituencies,
but these were redressed by repelling within a few weeks of
the original election date.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of abduction of individuals by the
Government or hostage taking by nongovernmental groups.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no specific reports of torture. Harsh physical
treatment of prisoners by police, however, is probably
common. Attorneys occasionally have reported being shown
bruises and other marks of violence on detainees' bodies that

262

SIERRA LEONE

they believe could have been caused by police beatings.
According to Anmesty International's 1986 Report, a student
detained in March 1985 was beaten unconscious by SSD
officers. He had been detained with at least 41 others in
connection with a strike by the Sierra Leone Motor Driver's
Union called to protest the detention and ill-treatment of
some of its members.

Prisons are dangerously overcrowded, and the local press has
deplored prison conditions. Prison deaths due to
malnutrition, pneumonia, diarrhea, and gastroenteritis are
said to be common.

d. Arbitrary Arrest, Detention, or Exile

Under Sierra Leonean law, detained persons have the right to a
judicial determination of the legality of their detention. It
is widely charged, however, particularly in Sierra Leonean
legal circles, that police, as a form of harassment, sometimes
detain persons for short periods without charge. Under normal
circumstances detainees not charged with an offense within 28
days of arrest must by law be released, unless a state of
emergency is in effect. During a state of emergency,
however, the Public Emergency Act comes into effect, and
persons detained under its provisions are not guaranteed a
hearing unless charged with a capital offense. At the end of
1986, no one was being detained under public emergency
regulations. Under the Constitution, the President has the
right to order the detention of any person who is, or is
reasonably suspected to be, dangerous to the well-being of the
Republic .

Neither exile nor forced labor is practiced.

e. Denial of Fair Public Trial

The judiciary has generally maintained its independence,
although some critics charge that the legal system is subject
to political manipulation, often before cases reach the
courts. Sierra Leone's courts have a reputation for providing
fair public trials. Defendants are allowed counsel of their
choice, and convictions may be appealed. Many defendants,
however, cannot afford counsel, and public defenders are
provided only in capital offense cases.

The legal system is heavily overburdened and lacking in
resources. This results in an average delay of 2 years before
cases actually come to trial. The only official records of
proceedings are handwritten notes taken by the judges. This
practice limits lawyers' access to written documentation and
puts in question the impartiality of the official record.

At the end of the year, no political prisoners were reported
as being held. However, some of the persons convicted for
involvement in the outbreak of violence in the Pujehun
District in 1983 are still in prison, and allegations exist
that political motivations were partially behind their initial
detention.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

These rights of the individual are generally not abused by the
State, and legal safeguards against arbitrary invasion of the
home are usually observed. Neither censorship of mail nor
electronic eavesdropping by the State on private conversations

263

SIERRA LEONE

have been reported. Some organizations have claimed that
informers report to the Government on their activities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although freedom of speech is legally guaranteed, this freedom
can be abridged under the Constitution if the proper
functioning of the Government is deemed to be in jeopardy. In
practice, the Government generally tolerates public criticism
by individual citizens, and academic freedom is fully
respected. Political propaganda occasionally circulates
within the country from opposition groups based in Western
Europe or the United States.

There is, in practice, considerable freedom of the press and
no prior government censorship of the press. The 10 privately
owned newspapers report on sensitive political and economic
topics, and investigative reporting on misuse of government
funds, bribery, and bureaucratic indiscipline has been
published. The Government, in the person of the President or
Minister of Information, regularly issues press releases
stating that there is no press censorship but usually adds
that critics should be fair and place events in the context of
the development process . The Government thus expects
journalists to exercise some self-censorship. Most editors
avoid publishing articles portraying the country in a critical
light or attacking the President personally. This approach is
codified in the Newspaper Act of 1983, which specifies
qualification standards for editors and sets a fee for
registration of newspapers. In 1985 two journalists were
imprisoned for contempt, and the editor of an independent
newspaper. For Di People, was imprisoned for over 70 days
without charge or trial after publishing an article on the
excesses of the Special Security Division. There were no
arrests or detention of members of the press in 1986.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right of freedom of assembly
and permits the formation of and membership in trade unions or
other economic, social, or professional associations. These
rights are, however, limited, most significantly where
assembly or association would conflict with the "proper
functioning of the party" or with public order. This was the
rationale employed when a group of persons was detained after
taking part in peaceful demonstrations in April. The
detainees were acquitted shortly after their arrest because
the Government failed to prove that the group's actions
constituted a serious threat to public order. In practice,
freedom of association in the nonpolitical sphere is respected.

Trade unions normally are permitted to operate freely and
exercise the rights to organize, negotiate, strike against
employers, join in confederations, and affiliate with
international organizations. When trade unions publicly
challenged government policy in 1981, the Government arrested
approximately 180 union members. The Sierra Leone Labor
Congress elected an executive committee in 1982, but this
group's political independence may have been compromised in
April 1986 when its head was appointed a member of
Parliament. Most sectors of the Sierra Leone economy, except
agriculture, are unionized. The Labor Congress is a member of

264

SIERRA LEONE

the International Confederation of Free Trade Unions. Private
associations of citizens can and do make representations to
the Government on policy issues and are not subject to
reprisals .

c. Freedom of Religion

There is a tradition of religious tolerance in Sierra Leone.
There is no state or otherwise favored religion. Muslims (the
most numerous religious group). Christians, animists, and
adherents of other faiths practice their religions freely and
publish religious documents without government interference.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.

The only official control on travel within the country is in
diamond mining areas where restrictions are intended to
control smuggling. There are few regulations restricting
foreign travel. Sierra Leone, a party to the UN Convention
and Protocol Relating to the Status of Refugees, is host to
approximately 290 refugees, most of whom are students from
Namibia. There have been no reported incidents of forced
repatriation.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Former President Stevens was the dominant authority in Sierra
Leone until 1985, when he retired and arranged for his
succession by Major General Momoh. The Parliament, at
Stevens' behest, amended the Constitution to allow Momoh to
become President without resigning his military commission,
and in August of that year the single party, the All Peoples'
Congress, under the control of Stevens, nominated Momoh as
President. Since independence in 1961, the clear trend in
political development has been to increase executive power and
decrease constitutional checks on that power. The
Constitution provides that the leader of the party will be the
sole candidate for the office of President. A Cabinet,
selected by the President from elected as well as appointed
members of Parliament, meets with the President regularly and
is a key advisory body.

The unicameral Parliament is subservient to the executive
branch of the Government. However, some observers suggest
that President Momoh has encouraged a so-called "backbenchers"
association in Parliament to become an internal voice of
opposition. Candidates for Parliament are chosen in each
constituency by the party's local executive committee. The
executive committee chooses up to five candidates from the
list of citizens who seek nomination. The central committee
of the party, among whose members are both President Momoh and
ex-President Stevens, can disapprove the nomination of any
locally selected nominee whose candidacy it believes would be
inimical to the State. The 1986 parliamentary elections
generally followed these guidelines, and all but 6 of the 105
constituencies had contested elections. All winning
candidates, by the nature of the system, were APC members.
The two vice presidents were among the six members of
Parliament elected without opposition, but several prominent
candidates, including former cabinet ministers, were among
those defeated.

265

SIERRA LEONE

In addition to the national political system, a traditional
system of local government operates in the provinces.
Paramount chiefs are elected for life by the members of local
chiefdom councils. The paramount chiefs retain considerable
authority in local affairs and in resolving minor disputes
among their traditional subjects.

There is universal suffrage, and no groups are precluded from
voting because of gender, tribe, race or religion.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights.

In 1985 members of the Sierra Leone Bar Association organized
the Society for the Preservation of Human Rights, and in June
1986 its constitution was ratified. The Government has not
interfered with the organization, which is supported by
members of Parliament, judges, medical doctors, academics,
civil servants, trade unionists and the media. The Society
won its first major court case in early 1986. Local chapters
of Amnesty International also exist.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There is no officially sanctioned discrimination on the basis
of race, sex, religion, language, or social status. Members
of Sierra Leone's various ethnic and religious groups interact
peacefully and are represented in all levels of the
Government. Women are guaranteed equal rights by the
Constitution, but their status varies substantially in
different parts of the country and depends upon the cultural
values of various tribal groups. Women have, in some regions
of Sierra Leone, been elected to the prestigious position of
paramount chief. The Government continues to be male
dominated, but women are prominent in some professions, and
one woman is a Supreme Court Justice. In the 1986
parliamentary elections, only 5 of the 112 members elected
were women.

CONDITIONS OF LABOR

The normal work week is 38 1/2 hours (7 hours on each of the 5
weekdays and 3 1/2 hours on Saturdays). An established code
sets out acceptable standards for the workplace, covering
maintenance of machinery, safety procedures, and sanitary
conditions. In actual practice, however, manufacturing
concerns in Sierra Leone, of which there are very few,
probably do not conform to the code, and there is no
practicable means of enforcing it. There is no minimum age
for the employment of children. Sierra Leone has no
legislated minimum wage, and outside the public sector there
are no comprehensive wage or salary guidelines. Because of
the recent float of the leone, the government currently is
reviewing existing public sector wage and salary scales. In
conjunction with this review, the Sierra Leone Labor Congress
has a petition before the Parliament to create a national
minimum wage scale.

266

U.S.OV^RStftS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SIcRRA LEONc

1934

1985

1936

I. ECON

A. AID

(S£

B.fOO

TITLE

REPA

?AY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

S ,

OTAL ,

H t-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV 5 WFP,

EF AGENCY

CON. ASSIST..,

CE CORPS.
COTICS...
ER

3.5
3.3
5.5

1.0

O.D
1.0
0.0
4.6
3.0
1.6
3.0
3.0
0.0

0.0
0;0

9.1

4.0
5.1
0.3
0.0
0.3
0.0
5.7
4.0
1.7
4.0
4.0
0.0
1.7
0.1
1.6
3.1
0.0
3.1
3.1
0.0
0.0

3.4

0.0
3.4
0.3
0.0
0.3
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
3.1
0.0
3.1
3.1
0.0
0.0

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
:.INTL MIL.EO.TRMG....
3.TRAN-EXCESS STOCK...
E. OTHER GRANTS

0.0
O.D
0.0
0.0
0.0
0.0
O.D
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.1

0.0
0.1

0.0
0.0
0.1
0.0
0.0

III. TOTAL ECON.

LOANS ,

GRANTS....

3 MIL...

8.5
3.0
5.5

9.2
4.0
5.2

3.5
0.0
3.5

OTHER US LOANS....
EX-IM BANK LOANS.
ALL OTHER ,

O.D
0.3
0.0

0.0
0.0
0.0

0.0
0.0

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

22.5

9.3

5-3

221.8

IBRD

0.0

18.7

IFC

0.0

2.1

IDA

21.5

0.0

5.3

124.3

IDB

0.0

ADS

0.0

AF03

0.0

1.1

. 0.0

37.5

UNOP

1.0

3.7

0.0

30.5

OTHER-UN

0.0

4.5

0.0

8.7

EEC

0.0

267

SOMALIA

Somalia has been ruled for the past 17 years by President
Mohamed Siad Bar re, head of the armed forces and Secretary
General of the Somali Revolutionary Socialist Party, the
country's sole legal political party. The formal government
structure includes a National People's Assembly, created in
1980, and a Council of Ministers. The members of the Peoples
Assembly were last elected on a single slate in December 1984
with no provision for alternative or dissenting votes. The
Council of Ministers is appointed by President Siad. The
President also regularly convenes the party politburo, a close
circle of advisers composed of the four or five most powerful
ministers, who also represent the major clans and clan groups
in Somalia. Informal and formal consultations between the
leadership and clans and clan groups also have a major impact
on internal politics.

The ultimate source of the President's political authority is
the military, which brought him to power in 1969. The police
force performs day-to-day operations in maintaining civil
order. These two uniformed services are augmented by the
National Security Service (NSS), created in 1970, which has
essentially unlimited powers of arrest, detention, and
confiscation in matters deemed to involve national security.

Somalia is a poor country with few natural resources. Most of
its estimated population of 7.6 million earn a bare
subsistence as herdsmen or farmers. The country's economy
suffers from periodic drought and overcentralization.
Recurrent conflict with Ethiopia has entailed heavy defense
expenditures and a massive refugee problem. However, since
1983 the Government has been introducing new policies to
encourage development of the small private sector and to
initiate financial reforms with the assistance of the
International Monetary Fund, the World Bank, and the Agency
for International Development. These reforms have had
salutary effects on production and exports and have also
lowered the inflation rate.

There was no significant change in Somalia's human rights
situation in 1986. Civil and political rights remain tightly
circumscribed, and public criticism of the Government is not
allowed. The Government shows little hesitation to imprison
those it sees as a threat to security. Two antiregime
organizations, operating out of Ethiopia, conducted infrequent
military attacks against Somali Government and army
establishments, primarily in northern Somalia.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, including
Freedom from:

a. Political Killing

There were credible reports that an Isaak tribesman, a member
of the antigovernment Somali National Movement, whom the
Somalis concluded was working for Ethiopia, was executed
without trial in March. Opposition groups were responsible
for a few deaths or woundings of civilians in the course of
their attacks on government establishments. While the
opposition's avowed targets are the military, a recent change
in tactics involves use of land mines, which have injured some
civilians. Amnesty International's 1986 Report noted

268

SOMALIA

unconfirmed reports of extrajudicial executions of unarmed
civilians in 1985 by the security forces in areas of armed
conflict .

b. Disappearance

There were no reported cases of disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There are periodic but unsubstantiated allegations of the use
of torture by police and security officials. For example,
letters sent to President Siad Barre, Ambassador Ha j i Nur , and
State Department officials allege that four detained Somali
high school students were tortured before being sentenced to
death in Hargeisa for unspecified charges in August 1986.
There is evidence that authorities routinely apply rough
treatment in order to obtain confessions from criminal
suspects. Somali prisons are frequently unsanitary, and
living conditions are harsh. According to Amnesty
International's 1986 Report, political prisoners are
reportedly held in harsh conditions in maximum security
prisons, are denied contact with their families and, in some
cases, are held in solitary confinement. Upon release from
prison, some political prisoners have been restored to their
old government jobs or have had new jobs created for them.

d. Arbitrary Arrest, Detention, or Exile

Despite constitutional provisions that accord Somali citizens
the right to formal charges and a speedy trial, the criminal
procedure code was modified in 1970 to exempt crimes involving
national security from specific time limits and rules of
procedure. Those arrested for expression of critical views of
the Government may be charged with crimes against the State,
such as sedition and conspiracy against the State, and held
indefinitely without ever being brought to trial. The
National Security Service is empowered to arrest without a
warrant anyone suspected of a crime involving national
security. There is no provision for bail in any but minor
cases before the National Security Court.

There are an estimated 300 to 500 political detainees, of whom
at least 200 are being held without charge, including 6 former
members of Parliament arrested in 1982, presumably for alleged
coup plotting. There is no known movement toward trial in any
of these cases. Some detainees are also held incommunicado
for various lengths of time. The Government provides no
information about the number of detainees. The Government
does not practice exile. In January, President Siad Barre
publicly offered amnesty to dissidents abroad who wished to
return to Somalia.

Compulsory labor is not permitted under the Somali labor
code. However, occasional campaigns are organized by the
Government or the party in which "voluntary" labor is used in
cleaning up streets and is sporadically enforced by
paramilitary youth units. Prisoners occasionally perform
labor as part of their penal servitude.

269

SOMALIA

e. Denial of Fair Public Trial

The Somali judicial system includes civil/criminal courts,
headed by a Supreme Court, and a separate National Security
Court. Lawyers are permitted to represent suspects before the
National Security Court, but proceedings are not always open
to the public. In contrast, the civil and criminal courts are
conducted openly. Although nominally independent, the
judiciary is in fact not distinguishable as an institution
from the executive. The results are subject to review and
control by the executive. All judges in the Supreme Court and
lower courts are appointed by the President with the advice of
the Higher Judicial Council, of which the President is the
chairman. The right to appeal exists in criminal and civil
cases but not in cases heard by the National Security Court.
In the civil and criminal courts, legal assistance is
provided, and there are established rules of evidence. There
are no religious courts in Somalia. In certain civil
proceedings relating to family matters, such as marriage and
inheritance, the judge may cite the Koran in rendering
decisions .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

"Mobilization Campaigns" are organized by the Somali
Revolutionary Socialist Party to promote public participation
in, and enthusiasm for, various civic and national programs,
as well as general support for government policies.
Participation in these campaigns is urged but not strictly
enforced. Military press gangs are often used to provide
"recruits" for the army. The National Security Service has
the authority to search homes without warrants. This
authority extends to monitoring communications and opening
mail, although there is no evidence that such practices are
broadly used. The NSS can effectively track the movements of
persons through its comprehensive network of informants. Some
more traditional families arrange marriages for their
children, but the Government does not interfere with this
facet of family life.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government forbids public expression of dissenting views.
The media are owned and operated by the Government. There is
one weekly newspaper, published in Arabic and Italian, which
is privately owned but government controlled. The press
disseminates only information and opinion acceptable to the
Government. The Central Censorship Board retains control over
all media including publications (foreign and local)
circulated within the country, films, plays, concerts, and
other means of communication, such as videotapes whether
imported or produced in Somalia. In 1986 the only publication
subject to frequent censorship was the magazine Africa Report
published in New York. In the past, some Italian publications
have been banned, as well as the quarterly journal Horn of
Africa published in New Jersey by Somali and Ethiopian
intellectuals who reside in the United States. One incident
of censorship of the weekly magazine Newsweek occurred in
1986, when a letter concerning Ethiopian refugees was blacked
out of all issues distributed in the country.

270

SOMALIA

b. Freedom of Peaceful Assembly and Association

All nonreligious organizations and public gatherings are
subject to government control or supervision. Protests
against government policies are not permitted. In April a
short-lived rally in favor of imposition of the Islamic
Shari'a Law resulted in the arrest of nearly 100 participants.

The country's single labor confederation, the General
Federation of Somali Trade Unions (GFSTU) is government
controlled and its members do not have the right to strike.
Organizing a strike is punishable by the death penalty. The
GFSTU 's main function is to monitor the work force and provide
a conduit for worker grievances. The GFSTU is a member of the
Organization of African Trade Union Unity and the
International Confederation of Arab Trade Unions and
participates in the International Labor Organization.

c. Freedom of Religion

Islam is the state religion of Somalia, and nearly 100 percent
of the population is Muslim. The Government monitors the
topics of sermons preached in the mosques and occasionally
will arrest a religious leader whose text strays too far into
political areas. The Government arrested Somalis and deported
expatriates for Muslim Brotherhood activities, but contends
that the Brotherhood which seeks to apply Islamic tenets to
politics, is a secular, not a religious, organization.
Somalis are free to participate in the Hajj, and many do so
annually. Members of other religions may freely practice
their faiths, but proselytizing is not permitted.

In June there were credible but unconfirmed reports that the
Government arbitrarily arrested some Islamic "extremists" and
accused them, among other things, of using religion to incite
people against the security of the State. These "extremists"
were reported to be radical Shia. (Somalis are predominantly
of the Sunni sect of Islam.)

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Internal travel is not formally restricted but is controlled
through police and military checkpoints in towns, border
areas, and regions noted for interclan violence. Although any
Somali citizen can obtain a passport, the Government denies
exit visas to categories of people it prefers to keep in
country, such as young men of military age and to those under
police surveillance. Emigration is permitted for all but
government employees. Somalis who have gone abroad are not
restricted from repatriation. Those who have been involved in
dissident activities against the regime may face questioning
or imprisonment upon their return, although some returning
dissidents who have renounced their opposition to the regime
have been welcomed back and provided with government jobs.

Somalia provides a home to a much disputed number of refugees
from. Ethiopia. Estimates range from the Government's figure
of' 800,000 down to 350,000. Most are ethnic Somalis. In 1986
there was an increase in the number of non-Somalis seeking
refuge in Somalia. The Oromos who fled to Somalia state that
they were fleeing from the Ethiopian Government's
villagization and collectivization policies. The Somali
Government officially welcomes refugees to stay or to return

271

SOMALIA

to Ethiopia as they wish. Real obstacles to voluntary
repatriation, beyond the lack of agreement with Ethiopia, do
exist, but some observers believe the Somali Government may be
using the issue of repatriation as a tool in its long-running
conflict with Ethiopia. Limited repatriation, assisted by the
United Nations High Commissioner for Refugees, has begun; and
about 1,000 refugees have returned to Ethiopia. The increase
in the number of non-Somalis has created some ethnic tension
in the northern region. These recent arrivals for the most
part, like other non-Somalis displaced into Somalia, are not
allowed to assimilate into the Somali population.

The Somali Government recently issued approximately 60 travel
documents to refugees in Somalia who qualified for
resettlement in the United States. These persons had been
waiting for at least 2 years for this documentation.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

President Siad Barre rules Somalia and controls political
participation through a single legal political party, the
Somali Revolutionary Socialist Party. The party directs
participation in Somali political affairs by individuals and
organizations, such as the General Federation of Somali Trade
Unions, the Somali Women's Democratic Organization, and the
Somali Revolutionary Youth Organization. Voting for the
People's Assembly entails only a vote for or against the
party's national slate, although one need not necessarily be a
member of the party to be included as a candidate on the
slate. President Siad Barre, the sole candidate for
president, was reelected to another 7 year term on December
23. There is no legal opposition to the Government, and
public criticism of its policies is forbidden. Somalia has
only one indigenous ethnic group, the Somali, which is
subdivided into clans and clan groups. Although the country
is ethnically and linguistically homogeneous, clan divisions
have a great impact on domestic politics. President Siad
recognizes the continuing strength of the traditional,
clan-based political coalitions, and government officials
frequently hold formal and informal consultations with various
clan leaders. President Siad has used clan politics to
maintain his rule by placing members of his own clan, the
Marehan, in key positions. He is conscious of clan
constituencies, and members of other clans also occupy
important positions. Clan identification is very strong, and
for many Somalis, the traditional clan system is the accepted
vehicle of political expression. Clan politics and clan
rivalries occasionally erupt into violence.

Women and minorities participate in politics and government.
The Somali Women's Democratic Organization, though subordinate
to the party, has advocated greater political participation
and mobilization for women. A number of women are members of
the People's Assembly. Other women occupy relatively
important positions in various ministries. Several vice
ministers and one ambassador are women.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Somali Government has refused requests by foreign
officials and human rights organizations to visit political
prisoners, and it has not responded to requests from various

272

SOMALIA

governments and organizations, such as the International
Parliamentary Union, to release the six parliamentarians who
have been detained without charge since 1982. In November
1985 Amnesty International proposed a visit of inquiry to
Somalia. At the end of 1986, the Government had not yet
responded to that request. The International Committee of the
Red Cross (ICRC) has a representative in Somalia and is
allowed visits to prisoners of war from the 1977-78 Ogaden
Conflict. The Somali Government requires that witnesses be
present at ICRC interviews. There has been no repatriation or
exchange of these prisoners of war, although the Governments
of Ethiopia and Somalia discussed the issue during 1986.
There are no Somali organizations which actively address human
rights issues. In international forums, official Somali
remarks on human rights are usually restricted to general
statements and criticism of human rights practices in
Ethiopia .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While there is no overt discrimination of economic benefits
among the various clans and clan groups in Somalia, members
of certain clans with good political connections in the
Government have been able to capitalize on the current
economic liberalization. There is no discrimination regarding
access to education and health services on clan or ethnic
basis, although these social services are generally available,
if at all, only in larger urban areas of the country.

While they have considerable inheritance and ownership rights,
Somali women suffer from traditional discrimination in work
and family matters. Long-established practices, such as
female circumcision, remain prevalent despite Government
opposition. Dowries and "wife buying" are also prevalent in
the more traditional rural areas.

CONDITIONS OF LABOR

Somalia has comprehensive labor legislation which establishes
minimum safety and health conditions for the workplace. These
are applicable to the modern, or cash, sector of an economy
which is predominantly pastoral and agricultural. The minimum
age for employment of children is 15, and persons under 18
years of age are not permitted to work at night or in certain
hazardous occupations. However, there is considerable child
labor on the margins of the economy. Children sell cigarettes
on the street, carry bags in the market, and watch and clean
cars to support themselves and supplement family incomes. The
established workday is 8 hours a day, with a total of 48 hours
per week, and overtime hours can be limited. Workers are
entitled to paid holidays, annual leave, and holiday bonuses.
However, the salary scale is extremely low, especially in the
public sector. The average salary of a civil servant is
roughly $15 per month. Workers resort to second jobs,
bribes, misuse of public funds, assistance from other family
members, and remittances from abroad to support themselves and
their families. Productivity in the public sector is
extremely low, and many civil servants make minimal
appearances in their offices. A civil service reform is
beginning, through which it is projected public sector jobs
will be cut by attrition and salaries increased.

273

U.S.OVHRSE45 -LOANS AND GRANTS- 03LIGATI0NS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: SOMALIA

1984

1985

1986

I.5C0N.
LO
&R
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
5.REL
VCL.R
C.OTHE
LO
GR

ASSIST. -TOTAL.

ANS

ANTS

ANS

ANTS

.SU'P. ASSIST.) ...

FOR PEACE ,

ANS

ANTS

I-TOTAL ,

. IN $-L0AN3....,

IN FOR. CURR

II-TCTAL ,

lEF.EC.DEV i HFP.

ELIEF AGENCY

R ECON. ASSIST..,

ANS ,

ANTS

PEACE CORPS

NARCOTICS ,

OTHER ,

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
:.INTL MIL.E0.TRN3.,
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S '^IL,

LOANS ,

GRANTS

81.7

82.7

44.5

16.0

20.0

65.7

62.7

44.5

50.6

51 .0

44.5

0.0

50.6

51.0

44.5

35.0

30.0

22.0

31.1

31 .7

0.0

16.0

20.0

0.0

15.1

11.7

0.0

16.0

20.0

0.0

16.0

20.0

0.0

15.1

11.7

0.0

15.1

11.7

0.0

O.G

0.0

O.Q

0.0

33.0

34.1

20.2

0.0

33.0

34.1

20.2

32.0

33.0

19.1

0.0

1.3

1.1

0.0

1U.7

116.8

64.7

16.0

20.0

0.0

93.7

96.8

64.7

OT-l£R US LOANS. .. ,
EK-IH BAN< LOANS,
ALL OTHER

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
19S4 1985 1986

1946-86

TOTAL

35.3

51.5

34.3

532.2

IB^D

3.0

0.0

IFC

3.0

0.6

0.0

1.0

IDA

31.5

20.6

34.3

28?. 3

ID3

3.0

0.3

0.0

AD3

0.0

AFDB

3.0

27.9

. 0.0

83.9

uinp

1.3

2.7

0.0

60.7

OHER-UN

5.0

O.'O

0.0

13.3

Es:

0.0

78.5

274

SOUTH AFRICA

South Africa is a multiracial society whose laws codify the
doctrine of apartheid, which prescribes the basic rights and
obligations of people according to their racial or ethnic
origin. The country's black majority (72 percent of its
population) continues to suffer from pervasive, legally
sanctioned discrimination based on race in political, economic,
and social aspects of life. The "colored" (mixed-race) and
Asian minorities also suffer from extensive racial
discrimination, although to a somewhat lesser degree than
South Africa's black population. Currently, the political
rights of the black majority are confined to participation in
tightly controlled urban councils in the country's black
residential areas ("townships") and through the 10 government-
designated tribal areas known as "homelands." Blacks have
been excluded from even the limited political changes that
have been made under South Africa's new Constitution,
implemented in 1984, which features a racially based
tricameral Parliament with a dominant white House of Assembly,
a colored House of Representatives, and an Asian House of
Delegates. The respective groups are represented in
Parliament on a racial ratio of 4/2/1 — white/colored/Asian.
Blacks do not have the right to vote in national elections and
have no representation in Parliament.

In 1986 there was a major deterioration of human rights in
South Africa. Throughout the year, political discontent and
violence persisted in the nation's black and colored townships.
Following the July 1985-March 1986 State of Emergency, the
Government imposed a new State of Emergency on June 12, 1986,
which remained in effect at the end of the year. Under both
States of Emergency, police and military exercised
extraordinary arrest and detention powers. Furthermore,
legislative amendments passed in 1986 gave the executive branch
broad emergency powers without the need for a declaration of a
State of Emergency.

The South African Institute of Race Relations (SAIRR) reported
Ohat 1,263 people had died as the result of political unrest
from January to November. Most of the deaths occurred in the
first half of the year, prior to the imposition of the second
State of Emergency. By the end of 1986, human rights groups
estimated more than 20,000 people had been detained under this
second State of Emergency. An estimated 10,000 remained in
detention at the end of the year. The Black Sash, an
antiapartheid organization, estimated up to 1,800 of those
detainees were under the age of 18, including many children
15 years of age or younger. Leaders of the opposition United
Democratic Front (UDF), a coalition of more than 600
antiapartheid groups, and various black trade unions were
special targets for detention under the latest State of
Emergency. Throughout the State of Emergency, there were
widespread reports of continuing officially sanctioned acts of
violence against dissidents, despite the State President's
public call in June for good behavior by security forces.

The banned African National Congress (ANC), most of whose
leadership is in exile, imprisoned, or operating underground
within South Africa, proclaimed 1986 as a year of intensified
armed struggle against the apartheid system. In 1986 the ANC
claimed responsibility for a number of acts of urban terrorism
and landmine explosions in rural areas, although it often
equivocated on its responsibility for incidents which involved
civilian deaths. The ANC also called on blacks to overthrow
the apartheid regime by concerted acts of violence, notably

275

SOUTH AFRICA

against black police and township officials, to make the
townships ungovernable. ANC leader Nelson Mandela, imprisoned
after being convicted for sabotage in 1964, continued to serve
a life sentence, despite repeated domestic and international
calls for his release. In 1986 the Government reiterated its
earlier position that it would release Mandela only if he
renounced violence.

Other opponents of apartheid, such as young black activists in
the townships, also advocated and engaged in violent attacks
on black township officials and others suspected of
"collaborating" with the Government. Many blacks were
attacked by activists attempting to enforce protest activities
such as school or consumer boycotts.

The Government imposed progressively harsher curbs on the
media throughout the year to prevent the reporting of political
unrest and antigovernment activities. In December the
Government tightened existing emergency regulations to prohibit
reporting on a variety of politically related topics without
clearance by state censors.

In the first half of 1986, Parliament enacted some changes in
the apartheid system. These changes included abolition of
influx control or "pass" laws, which for years extensively
regulated the right of South African blacks to be present in
urban areas. Parliament passed legislation permitting some
blacks to regain the South African citizenship they had lost
involuntarily in previous years when some homelands were given
"independence." The Government also introduced a freehold
system of land ownership for blacks, permitting them to own
residences in urban areas designated for blacks under the
Group Areas Act. Notwithstanding the reforms, race still
remains the fundamental basis for the organization of South
African society. Discriminatory laws and practices remain
woven throughout the fabric of South African life.

In November the Indaba — a constitutional convention of leaders
of all races from the province of Natal and the homeland of
KwaZulu — issued a far-reaching proposal for a new unified
governmental structure for Natal/KwaZulu . The proposal
included a bill of rights with firm constitutional guarantees
of individual liberties and a universal franchise. The
Government had not commented on the proposal by the end of the
year, but the Indaba leaders planned to present it formally to
the Government for approval and hold a referendum among the
people of Natal and KwaZulu.

A serious economic downturn since 1984 has been a significant
factor in generating political unrest. Some economic
indicators in mid-1986 pointed to a modest improvement in the
country's growth rate. The Government has estimated that an
annual real growth rate of 5 to 6 percent is necessary for the
economy to absorb the approximately 250,000 black entrants to
the labor market each year. An even higher rate of growth
would be necessary to reduce present black unemployment, which
private observers estimate at 25 percent or more.

In May the South African Defense Force (SADF) launched
simultaneous air raids on alleged ANC training camps in
Botswana, Zimbabwe, and Zambia. In addition, attacks were
made against Lesotho and Swaziland which were widely believed
to have been launched by South African commandos. Several
people, including refugees under the protection of the United

276

SOUTH AFRICA

Nations High Commissioner for Refugees (UNHCR) , were killed or
injured in these raids.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political violence in South Africa continued in 1986. The
SAIRR reported 1,263 unrest-related deaths from January to
November, an increase over the 1985 total of 879 deaths. Most
of the deaths occurred in the first half of 1986. There was a
marked decrease in the niamber of unrest-related deaths
following the imposition of the State of Emergency. In
December the SAIRR said that conflict within the black
community accounted for 45 percent of all political fatalities
in 1986; deaths at the hands of security forces, 33 percent;
deaths in unclear political circumstances, 12 percent;
insurgency-related deaths and casualties among security
forces, 10 percent.

Police often qiaelled demonstrations with excessive force,
utilizing tear gas, birdshot, whips, and rubber bullets, and,
at times, live ammunition. On March 26 police in
Bophuthatswana (one of four so-called "independent" homelands)
opened fire on a group of several thousand demonstrators in
Winterveldt, near Pretoria, killing at least 11 people.

While many unrest-related deaths occurred as a result of
police action, a sizable number of killings resulted from
internecine political strife within the black community. In
August the Government Bureau of Information said that there
were more than 300 deaths by burning alone as a result of
"black-on-black" violence from January through mid-June of
1986. Many of these deaths involved the notorious "necklace,"
in which a gasoline-soaked automobile tire is placed around
the victim's neck and then lighted. In April authorities in
the Lebowa homeland found the remains of more than 30 victims
of suspected black-on-black violence in shallow graves in
Sekhukuneland. It was not clear whether these killings were
politically motivated. As of the end of 1986, they were still
unsolved. Many were killed in clashes between supporters of
different political factions, such as Inkatha, the Azanian
Peoples' Organization (AZAPO) , and the UDF.

Some critics of the Government have claimed that much
black-on-black violence was instigated by covert government
agents. In some instances, most notably in fighting in May
and June in the "Crossroads" scruatter camps in Cape Town,
there was ample evidence to support this charge. Early in the
year, residents of the black township of Alexandra (near
Johannesburg) furnished affidavits in which they said that
known police officers had participated in fire bomb incidents
in the township. The Government supports vigilante groups
that ostensibly ensure neighborhood safety, and, in some cases
of unrest, the police have stood aside to let armed vigilante
groups subdue dissidents. In the KwaNdebele homeland, a late
member of the leadership allegedly led gangs who attacked
groups opposed to the acceptance of independence for that
homeland. In January there were reports that police observed
a violent incident in which UDF leader Ample Mayisa was
murdered in the Transvaal township of Leandra but did nothing
to prevent it. On December 1, unidentified gunmen in the

277

SOUTH AFRICA

Pretoria township of Mamelodi assassinated Dr. Fabian Ribeiro
and his wife. Both were known for their opposition to the
Government. Circumstantial evidence pointed to the possible
involvement of elements of the government security
establishment in these killings, which remained unsolved at
the end of 1986.

As in prior years, 1986 saw a continuation of the serious
problem of suspicious deaths while in police custody. In
April Lucky Kutumela, a journalist and member of the AZAPO,
died in police custody of head injuries only hours after being
taken into detention. Also in April, Peter Nchabaleng, a
Transvaal provincial official of the UDF, died in the custody
of the Lebowa homeland police. Authorities claimed he
suffered a sudden heart attack, but family members said that
Nchabaleng, 59, was in good health at the time of his arrest
and had no history of heart difficulties. As of the end of
1986, the Government had not undertaken prosecutions in either
of these cases. Several other deaths of detainees occurred
during 1986, although not all involved political figures.
Simon Marule, a 20-year-old detainee, died while in custody in
December of what police described as an epileptic seizure, but
his family claimed that he had no history of epilepsy. Some
of the deaths of detainees were reported suicides. South
African human rights groups have pointed out that, of 89 known
deaths in detention since 1963, at least 29 have been
attributed to suicide.

The ANC, a revolutionary organization that openly advocates
the overthrow of the apartheid regime, encouraged violent
activity throughout the year but often equivocated or was
silent on the question of responsibility for individual
terrorist incidents. Following a car bomb blast in Durban in
mid-June that killed three, the ANC declined comment on what,
if any, responsibility it had for the incident. It equivocated
with regard to a number of other urban terrorist incidents and,
with regard to still others, denied involvement. As in
previous years, in 1986 the ANC primarily targeted offices and
installations involved with the administration of apartheid
(so-called "hard" targets), although it did hit some civilian
or "soft" targets.

In 1986 the ANC continued with its 1985 strategy of blurring
the distinction between hard and soft targets. While ANC
rhetoric from overseas broadcasts urged a spread of violence
to white areas, officials of the organization disavowed a
strategy of deliberately hitting civilian targets, but said
that the involvement of civilians as "crossfire" victims was
inevitable. In August the ANC acknowledged responsibility for
a landmine attack in the eastern Transvaal. The ANC takes the
position that white farmers in northern border areas of South
Africa constitute part of the Government's security
establishment. In April a court in Durban convicted Andrew
Zondo, an admitted ANC supporter, of five counts of murder in
connection with a December 1985 shopping center bomb blast in
Amanzimtoti, near Durban. Zondo received the death sentence.
After exhausting judicial appeals, he was executed in
September .

Many casualties in black township political violence were due
to attacks by radical blacks on township government officials,
black policemen, and other suspected "collaborators." These
attacks were probably at least partly inspired by the ANC,
which has called on blacks to render the townships ungovernable
and to attack so-called collaborators in the black community.

278

SOUTH AFRICA

The Pan-Af ricanist Congress (PAC), another antiapartheid
organization in exile, also advocated violent opposition to
the South African Government. In addition, many blacks in
South Africa espoused or condoned violent opposition to
apartheid. In April Winnie Mandela, wife of jailed ANC leader
Nelson Mandela, said in a speech: "With our boxes of matches
and our necklaces, we shall liberate this country." Many
young black activists in the townships (so-called "comrades")
were responsible for numerous acts of violence and
intimidation. In several instances, they killed or seriously
injured blacks who they believed were not complying with such
protest activities as school or consumer boycotts. Frequently,
the distinction between politically motivated violence and
common crimes has been blurred where criminal elements in the
townships with no political motivation have posed as
"comrades . "

b. Disappearance

In recent years many people have disappeared, reportedly into
police custody, for long periods. Some, missing for very long
periods of time, are suspected by friends and associates to
have been killed by security forces. South African law does
not require notification of an individual's family, lawyer, or
any other person in the event of his detention or arrest. The
second Police Amendment Act of 1980 prohibits the unauthorized
publication of the name of any person detained where "the
prevention of or combating of terroristic activities" is the
reason for the detention.

In the weeks following the Government's June 12 State of
Emergency declaration, various human rights groups estimated
the number of "disappeared" persons at 12,000 or more.
Because the Government, for a period of more than 2 months,
would not release the names of detained persons, human rights
groups, families of missing persons, and lawyers were unable
to distinguish between "detained" and "disappeared" persons.
In August the Minister of Law and Order tabled a list of 8,553
State of Emergency detainees in Parliament. Several weeks
later, a supplemental list of 786 persons was added. These
lists only included detainees held for at least 30 days. As
of the end of 1986, this constituted the Government's only
official public accounting of emergency detainees. The
opposition Progressive Federal Party (PFP) and human rights
monitoring groups estimated that substantial ' .mbers of
detainees were not named by the Government in the August list,
claiming that by mid-August the Government had detained between
10,000 and 12,000 persons under the emergency. While
government spokesmen say that family members were routinely
informed of emergency detentions, in practice this did not
occur in numerous instances.

Following the June 12 emergency declaration, many black
activists reportedly left the country surreptitiously or went
into hiding to avoid detention. These circumstances further
complicated the task of accurately accounting for the many
persons who reportedly disappeared after June 12. Government
press curbs imposed in December prohibited news reporting on
detention cases and on unresolved litigation concerning
detentions without prior government clearance, which rendered
the task of accounting for missing persons still more
problematic .

279

SOUTH AFRICA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Security legislation, in particular the Internal Security Act,
allows police considerable latitude and generally unsupervised
discretion in the arrest and detention of suspects and in the
interrogation of detainees. The Act allows for lengthy periods
of detention during which authorities are not obliged by law to
present formal charges. Such detentions are a frequent
occurrence and offer considerable potential for police abuse
of detainees. State of Emergency regulations exempting law
enforcement officials from both criminal and civil liability
for "good faith" acts undertaken in enforcing both States of
Emergency were cited by many observers as giving police the
impression that they have a license to engage in abusive
conduct .

In 1986 many persons who had been released after being detained
under State of Emergency and security legislation regulations
gave accounts of beatings and other abuses by police. They
reported that they had been held in solitary confinement during
their detention. Others gave accounts of torture by police,
including applications of electric shocks to hands, feet, and
genitals. Most of the latter cases allegedly occurred during
and immediately following arrest and often appear to be the
result of poor discipline on the part of police officials.
The chances of physical abuse taking place appear to diminish
once a detainee is processed and made part of the general
inmate population. Instances of abuse in prisons, while not
unheard of, appear to happen with much less frequency than is
the case at police stations. At the end of 1986, the Detainee
Parents' Support Committee (DPSC) released a report in which a
medical panel it sponsored had surveyed approximately 500
released detainees under both States of Emergency. The
survey's preliminary findings indicated that 83 percent showed
signs of some physical abuse.

In August the Southern African Catholic Bishops' Conference
brought an application in the Supreme Court alleging that its
Secretary General, Father Smangaliso Mkhatshwa, had been
tortured by security forces while held in State of Emergency
detention. Available evidence suggested that Father
Mkhatshwa 's allegations of physical abuse were true. In
response to this application, the Government agreed that its
personnel would refrain from physical abuse of Father
Mkhatshwa, without admission of any such abuse. The Government
has permitted Supreme Court judges to visit State of Emergency
detainees in prisons and in police cells. Government press
regulations issued in December banned reporting on conditions
of detention without prior government clearance.

In a June 12 televised address on the State of Emergency, the
State President said that security forces "are the friends of
each peace-loving and law-abiding citizen of this country.
The Government expects them, at all times, to act in such a
way that there could be no doubt of this." For the most part,
the Government has undertaken no serious public effort to hold
erring police and other security force members accountable for
apparent abuse of detainees. In 1986 two policemen were
convicted of assault arising out of a 1985 attack on Natal
Indian Congress Official Billy Nair, which took place in
September 1985 while Nair was in detention. In March police
in the Lebowa homeland assaulted an American citizen, Beth Ann
Burr is, while breaking up a meeting at a church with whips and
tear gas. The available evidence indicated that Ms. Burris

66-986 0-87-10

280

SOUTH AFRICA

was an innocent bystander who fell victim to random and brutal
police conduct. While she pursued criminal charges against
the police, Lebowa authorities obstructed this effort. In May
a court in the Eastern Cape convicted one black security police
officer of murder and another of assault in connection with
attacks on young blacks.

d. Arbitrary Arrest, Detention, or Exile

The Internal Security Act authorizes the Minister of Law and
Order to order detention without trial for varying — in some
instances potentially unlimited — periods of time. In 1986
amendments to the Internal Security Act introduced a new form
of preventive detention of up to 180 days which could be used
in "unrest situations." The Minister of Law and Order himself
must personally issue "preventive detention" orders under
section 28 of the Act. Senior police officials have broad
powers to detain people for interrogation under Section 29 of
the Act when offenses such as terrorism, sabotage, or inciting
a revolution are suspected. Access to Internal Security Act
detainees is severely restricted. In May the Appellate
Division of the Supreme Court ordered the release of several
Internal Security Act detainees under Section 28 of the Act,
holding the terms of the detention orders to be insufficient
to make out a proper case of risk to the security of the state
under the Act. This and other court decisions, while holding
that the Government improperly detained numerous persons,
nonetheless implicitly sanctioned Internal Security Act
detentions when done in strict compliance with the Act.

Invoking the Public Safety Act of 1953, the Government imposed
a new State of Emergency June 12, 1986, which remained in
force at the end of the year. Many observers characterized
the latter State of Emergency as a more draconian version of
the July 1985 emergency declaration. Under the June 1986
emergency, in effect nationwide, SADF members and police
officers down to the rank of constable were empowered to
detain persons for a period of 14 days. At the expiration of
this period, the Minister of Law and Order could extend the
detention for an indefinite period of time, limited only by
the duration of the State of Emergency. Following the
emergency declaration, the Government made immediate and
widespread use of these powers, arresting thousands and
detaining them without criminal charges. Black trade union
officials and members of the UDF were particular targets.

At the end of 1986, the DPSC estimated total emergency
detentions since June 12 at approximately 20,000. The Black
Sash organization said up to 1,800 of the detainees were under
the age of 18, including many children 15 years of age or
younger. The Government admitted in December that 256 children
under the age of 16 were in detention, but did not say how
many detainees between the ages of 16 and 18 were being held.
In addition, more than 2,400 people were reportedly detained
under non-State of Emergency security legislation during the
first 9 months of 1986, 181 of whom were still in custody as
of the end of September. Amnesty International's 1986 Report
estimated that 2,000 of those detained in 1985 under the first
State of Emergency were under 16 years of age.

While no accurate statistics are available, it is believed
that a majority of detainees under the first State of Emergency
(an estimated total of more than 10,000 persons in 7 1/2
months) were not charged with criminal offenses. Similarly,

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most persons detained under the June 12, 1986 State of
Emergency have not been criminally charged.

Many political figures, community activists, lawyers,
churchmen, trade union officials, journalists, and others were
detained under the June 12 State of Emergency. Prominent
figures among the emergency detainees were: Richard Ramodipa,
Executive Board member. Black Lawyers' Association; Saths
Cooper, President, AZAPO; Phiroshaw Camay, General Secretary,
Congress of Unions of South Africa; Zwelakhe Sisulu, Editor,
New Nation newspaper; Father Smangaliso Mkhatshwa, Secretary
General of the South African Catholic Bishops' Conference; and
Bishop Sigisbert Ndwandwe of the Anglican Church. Ramodipa,
Cooper, and Camay were freed at the end of August and Bishop
Ndwandwe in September without criminal charges being filed
against them. Sisulu was released in July but rearrested in
December. The Labor Monitoring Group (LMG), which gathered
statistics on State of Emergency detentions of unionists, said
in late August that 333 trade unionists remained in State of
Emergency detention, while a grand total of 2,775 union
members were detained at one time or another since June 12.
LMG figures indicated that 79 percent of labor detainees were
affiliated with the black membership of the Congress of South
African Trade Unions (COSATU).

Arbitrary arrests also occurred frequently in the so-called
"independent" homelands, which have security legislation
comparable to South Africa's, and whose law enforcement
officers cooperate closely with the South African police
establishment. In November Dean Simon Farisani of the
Evangelical Lutheran Church was detained in Venda . He remained
in custody without being charged as of the end of 1986. Police
held him incommunicado, despite requests for visits by his
family and legal representatives.

Foreign nationals enjoyed no immunity from arbitrary emergency
detention. For example, in June security police in Nylstroom,
Transvaal, detained Charles Zechman, an American citizen
missionary. Zechman was held in solitary confinement for 30
days, was refused visitors (except for two consular visits),
and was later released without being charged, but with the
condition that he depart promptly from South Africa.
Similarly, in June Pretoria police detained Annica van
Gylswyck, a Swedish citizen with permanent residence in South
Africa and a prominent figure in the Black Sash antiapartheid
organization. Following 5 weeks in solitary confinement,
police presented Mrs. van Gylswyck with an ultimatum to depart
the country or face 180 days in detention to be followed by
unspecified criminal charges. Both Mr. Zechman and Mrs. van
Gylswyck departed South Africa following their respective
releases.

The Internal Security Act also authorizes the Minister of Law
and Order to issue "banning" orders. Under such orders, any
person judged by the Minister to be endangering law and order,
threatening state security, or promoting the aims of communism
or an unlawful organization can be (1) made to resign as an
officer or member of any organization; (2) restricted to or
excluded from certain areas; (3) prohibited from meeting with
more than one person at a time; (4) ordered to report regularly
to a police station; and (5) prohibited from being quoted or
published. Courts cannot challenge the Minister's power to
issue banning orders, although they may inquire into the
technical validity of banning orders. According to the SAIRR,
over 1,400 South Africans have been banned at some time since

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1950. Prominent among "banned" persons at the inception of
1986 was Winnie Mandela, wife of jailed ANC leader Nelson
Mandela. By July the Government conceded that no restriction
order of any kind was in effect with regard to her. In March
the Government banned two Eastern Cape political activists,
Henry Fazzie and Mkhuseli Jack. They remained under house
arrest-style restrictions for some 10 days, until a court
invalidated the banning orders. In 1986 the Government lifted
longstanding banning orders against Rowley Arenstein, a Durban
lawyer, and against Mathatha Tsedu, a black journalist and
trade unionist. As of the end of 1986, local human rights
groups said that there were no persons technically "banned"
under the Internal Security Act. However, numerous State of
Emergency detainees, while not technically "banned" under
security legislation, were released from detention subject to
restrictions on their movements and on their involvement in
political matters. Still others were not detained but were
placed under State of Emergency "restriction orders" which
seriously curtailed their antigovernment activities.

Forced labor is not used in South Africa as a means of
political coercion or education nor as a sanction against
political or ideological opinions. A 1984 International Labor
Organization (ILO) report noted, however, that under the
Prisons Act of 1959, the Commissioner of Prisons can "contract
with any authority or public body or with a person or body of
persons for the hiring and employment of prisoners under
sentence." The report further noted that a large portion of
the prisoners designated for such work were blacks convicted
of pass law offenses, and that the agricultural sector made
the greatest use of this convict labor. In 1986 the Government
announced there were no more pass offenders in its prisons, a
fact that human rights monitoring groups confirmed. In June
1986, the Government announced that all convict labor would be
phased out by September 30.

e. Denial of Fair Public Trial

The power of the South African judiciary at all levels is
circumscribed by stringent security legislation and by the
jurisprudential principle of parliamentary sovereignty, under
which judges possess no authority to alter, strike down, or
refuse to enforce properly enacted Acts of Parliament. All
judges of South Africa's Supreme Courts are white, as are the
vast majority of its magistrates.

South Africa has an adversarial system of criminal justice
drawn from a mixed heritage of Roman-Dutch and British
jurisprudence. Trials of lesser offenses are heard by
magistrates, who are career employees of the civil service in
the executive branch. More serious offenses, including
capital crimes, are tried in the Supreme Courts.
Determinations of guilt or innocence are made by the presiding
judge or magistrate. There are no juries. Judges in capital
and other serious cases are empowered to appoint two
"assessors," who serve as factfinders and who have the power
to veto the presiding judge on the final verdict. Persons
charged with common crimes are presumed innocent until proven
guilty, although Parliament has modified this general
presumption of innocence for many security offenses. The
Internal Security Act effectively places the burden of proof
of innocence on an accused for a number of offenses enumerated
in the Act. Both security-related and common crimes cases are
tried in civilian courts.

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While South Africa's Supreme Courts are generally viewed as
politically independent, critics of the system regard
magistrates (who are often former government prosecutors) as
strongly progovernment in their orientation. Judges of the
Supreme Court are appointed to the bench by the State
President. Their service is until age 70, and they cannot be
removed from office except by impeachment by Parliament. By
tradition. Supreme Court judges are appointed to the bench
from the ranks of the elite corps of South African Supreme
Court practitioners ("advocates"). While Supreme Court judges
are believed to demonstrate considerably more intellectual and
political independence than do magistrates, critics have
charged that some Supreme Court judges tend to side with the
Government in politically sensitive cases and are specifically
selected by the Government to preside over these cases. The
weeks following the State of Emergency declaration in June saw
a spate of legal challenges to both the State of Emergency and
to the legality of the detention of persons under State of
Emergency regulations. In September the South African Supreme
Court, Appellate Division (the nation's highest court), ruled
that provisions of regulations promulgated by the executive
under the State of Emergency complied with the relevant
enabling statute, the Public Safety Act of 1953. There were
numerous technical challenges throughout the country to various
State of Emergency detentions during the second half of 1986,
some of which succeeded.

Defendants in criminal cases have the right to counsel. If a
person cannot pay for his or her defense, limited funds for
legal assistance are available through the government-supported
legal aid fund and through various private organizations.
These sources, however, are insufficient to meet the needs of
all indigene defendants. Courts usually appoint counsel in
capital cases where the defendant cannot afford his or her own
lawyer. Security trials are often held in remote locations,
far from metropolitan areas. Because of case backlogs,
postponements, and the practice of hearing cases concurrently,
criminal trials can sometimes take months, even years, to
complete. This is particularly true in security cases.

In January the Government began its prosecution of what many
termed the most significant security/political trial of a
generation, involving high treason, murder, and other security
charges against 22 defendants, members of the UDF, AZAPO, and
various black civic organizations. In November the Supreme
Court, Transvaal Provincial Division, dismissed all charges
against three defendants for the State's failure to make out
prima facie cases against them. At that time, the Court also
granted bail to 6 of the remaining 19 defendants. At the end
of 1986, 13 defendants remained in custody, many of them having
been imprisoned since late 1984. As of November, the State
had rested its case, and the defense had begun its
presentation. Defendants were represented by an extremely able
team of legal counsel.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The system of apartheid necessarily involves the Government in
extensive regulation of social, personal, and family life. A
person's identification as a member of an ethnic group or race
is based on definitions and decisions of the Government under
the Population Registration Act. Under this law, every child
born in South Africa must be registered and classified
according to race. In borderline cases, racial classification

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is determined administratively by a racial classification
board, empowered to weigh "evidence" and to issue a verdict on
an individual's race when the parents' racial classification
is not known. Under apartheid, association in many social
settings is not a matter of free choice. The Separate
Amenities Act allows public premises to be reserved for the
exclusive use of persons of a particular race. In recent
years, the Government has expanded the scope of administrative
exceptions to apartheid laws, and has allowed most restaurants
hotels, theaters, cinemas, drive-in theaters, private
hospitals, parks, libraries, and other public facilities to
admit persons of all races upon application. Many but by no
means all private establishments have opted for "multiracial"
status .

Despite many reforms in recent years in the area of so-called
"petty apartheid," a substantial degree of social segregation
still exists in South Africa, legally permitted — in some case;
mandated — by numerous statutes, provincial ordinances, and
provincial bylaws. Social apartheid is now being enforced
with less rigidity than in the past, however, and is evolving
slowly toward a "local option" system. Some local author itie:
have made use of the limited discretion they have to
desegregate facilities under their control, while others have
not. In 1986 some big city governments desegregated central
business districts under an amendment to the Group Areas Act
permitting such action in commercial areas. Despite its
having led in recent years with a reform policy in this area,
the ruling National Party, during 1986, reiterated earlier
government policy on the questions of segregated housing area
and schools for the races, stating that racial segregation in
these two critical areas will continue under the rubric of
"group rights . "

The Group Areas Act remains one of the cornerstones of
apartheid. Under its provisions, the Government mandates tha
the different races must reside in separate areas. In some
cases, when one spouse is prohibited from living with the
other because of the Group Areas Act, the benefits of the
repeal of the miscegenation laws in 1985 have been vitiated.
For blacks, even the right to reside in a segregated urban
township is not available if one is deemed a "citizen" of one
of the so-called "independent" homelands. Such persons are
regarded as aliens in so-called "white" South Africa, and,
notwithstanding their birth in South Africa, are subject to
the same restrictions as any foreigner. Most blacks who live
in urban township houses rent them from the Government, which
owns and subsidizes them. In 1986 Parliament passed a law
allowing freehold land ownership in appropriate group areas
for blacks, who had hitherto only been able to lease land for
99 years. Many urban townships are still seriously lacking i
some or all modern amenities, such as electricity, running
water, indoor plumbing, public sewage, paved roads, and
recreational facilities. Some declared townships are little
more than permanent shanty towns with "houses" constructed of
fibreboard and corrugated iron. Townships are often located
at long commuting distances from cities, where most employment
opportunities for South Africa's blacks are found.

Notwithstanding the Group Areas Act, a growing number of
so-called "grey areas" exist in some major cities, where
blacks, coloreds, and Asians reside in technically white
areas, often without government interference. Occasionally,
there are criminal prosecutions for such violations of the
Group Areas Act. In July a white Cape Town man was convicted

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of a criminal violation of the Group Areas Act for cohabiting
with his colored common-law wife. Some private schools in
white-designated areas engage in technical violations of the
Group Areas Act, without government interference, by admitting
black, colored, and Asian students.

The 1960 's "grand apartheid" policy of extending "independence"
to South Africa's tribally based homelands has involved the
Government in long-term, institutionalized disruptions of black
families. Blacks who are designated as "citizens" of the
homelands may obtain work permits allowing them to reside in
urban areas of so-called white South Africa, but they may not
be accompanied by their spouses and children. Tens of
thousands of such persons are forced by housing shortages to
reside away from their families, often in overcrowded
single-sex dormitories in urban areas.

Because the blueprint of group areas called for by apartheid
legislation has not always corresponded to the actual locations
of the various racial groups, the Government has over the years
forcibly relocated many people. The South African Council of
Churches has estimated that since 1961, the Government has
forcibly resettled approximately 3.5 million blacks, coloreds,
and Asians. Government figures issued in 1984 asserted that 2
million blacks had been resettled since 1960. In early 1985,
the Government announced a suspension of forced removals in
favor of a policy of negotiating with affected communities on
relocation issues. In several instances, however, the
Government has refused to negotiate with recognized black
community leaders. In other instances, it has engaged in
effectively coercive removals, refusing to furnish fundamental
infrastructure such as sewage facilities, electricity, and
running water in black communities it seeks to remove to other
areas. The Government has also adopted the approach of
refusing to assign new housing to persons in existing black
communities where it seeks removals. In 1986 the Government
adopted these tactics in an effort to remove the 15,000
residents of the 60-year-old black community of Oukasie, near
the town of Brits, to a site near the Bophuthatswana border.
As of the end of 1986, the Government had "deproclaimed" the
community as a black residential area, while some 10,000
residents remained there in the hope that the Government would
reverse this decision. Many of these people opposed removal
on the suspicion that the community where they would be
resettled would eventually be incorporated into the so-called
"independent" homeland of Bophuthatswana, a move that would
have adverse consequences for their South African citizenship.
Resettlement areas, particularly when located in the homelands,
often have inadequate infrastructure and insufficient land and
water for profitable agriculture.

The Black Urban Areas Consolidation Act allows police to enter
homes without a warrant if any black is suspected of residing
or working in the area illegally. The Criminal Procedures Act
of 1977 authorizes a judge or magistrate to issue a search
warrant if there is some reason to believe that "the internal
security of the republic or the maintenance of law and order
is likely to be endangered by or in consequence of a 'meeting'
being held in a given place." Under this same Act, a police
officer may enter, search, and question without a warrant, if
the officer has reason to believe a warrant would be issued
but the delay caused by first obtaining the warrant would
defeat the purpose of the search.

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Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Throughout 1986 South Africa's largely white-owned press
continued, when possible, to engage in vigorous criticism of
the Government and its policies. Freedom of speech and press
are seriously circumscribed by several acts of Parliament,
including the Defense Act, the Police Act, the Prisons Act,
the Internal Security Act, the Protection and Information Act,
and especially the Public Safety Act which is the legal basis
for the regulations and restrictions under both States of
Emergency. The latter restrictions impair freedom of
expression and press by making "subversive statements" a
criminal offense (e.g. encouraging strikes, boycotts, the
promotion of disinvestment) and include bans on television
coverage, still photography, sketching, and radio recording
from areas covered by the State of Emergency. Penalties for
infractions include fines of up to $8,000 and/or imprisonment
for up to 10 years. In December the Government issued an even
tighter set of press restrictions which makes it a criminal
offense to publish material on political unrest, detention
cases, the treatment of detainees, and various types of
political activity without prior government clearance. These
restrictions greatly reduced media coverage in 1986, in
particular through television, of political unrest, but also
at the end of the year through government delays in clearing
press articles.

The Government took direct action against the press in a
number of specific cases. In June shortly after the emergency
declaration, the Government summarily confiscated an entire
edition of one independent newspaper, the Weekly Mail, on
grounds that it contained items that violated the emergency
regulations. On two occasions, it also seized copies of the
Sowetan, the nation's leading black daily. In July the
Government expelled Newsweek Bureau Chief Richard Manning, an
American citizen, as an "undesirable alien." It also expelled
several other foreign journalists in the weeks following the
emergency declaration. In November the Government ordered Los
Angeles Times correspondent Michael Parks to leave South
Africa by the end of December, but later extended the deadline
to the end of January to allow Parks and his employer to
appeal the order. The Government also impeded the flow of
information from South Africa by refusing visa requests by
foreign journalists or by subjecting them to inordinate
delays. In August two U.S. broadcasting companies, ABC and
CBS, stated that certain of their news tape cassettes,
transported via international delivery services from South
Africa to the United States, were tampered with or stolen in
transit.

In this atmosphere, self-censorship is rife, and many newspapei
editors said that they have had to surrender ultimate editing
responsibility to their lawyers. While there were no known
convictions of journalists under the various laws or
regulations, some were detained (see section l.d.). In late
1985, the Government brought Internal Security Act charges
against Cape Times Editor Anthony Heard and against South
African Associated Newspapers (SAAN), the owner of the Times,
after the newspaper published Mr. Heard's interview with ANC
leader Oliver Tambo . In August the Government dropped the
charges against Mr. Heard, while SAAN pleaded guilty to
violations of the Act.

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In July and August, several publishers launched a challenge to
State of Emergency press curbs in the Supreme Court for Natal
province. The court ruled in favor of the newspapers, holding
that the emergency provisions against publication of
"subversive statements" which allowed for police seizure of
certain "subversive" publications were overly vague. This
decision did not have nationwide effect, however, as the
court's jurisdiction did not extend beyond Natal province.

In addition to censorship and self-censorship, an
institutionalized system of self-regulation exists in the
newspaper industry. The Media Council, formed in 1983, has
been given the power by its convenors to impose penalties on
errant members of the newspaper press union and other media
that submit to the council's jurisdiction.

Under the Publications Act (applicable to most periodicals,
with the exception of newspapers), the importation, possession,
and publication of politically or morally "undesirable" works
is prohibited. Materials subject to censorship include those
found to be "indecent or obscene," "blasphemous," or
"prejudicial to the safety of the State." Committee decisions
are subject to review by a Publications Appeal Board. The
Board's decisions are not subject to judicial review, except
in rare instances.

The Government exercises a near monopoly on television and
radio broadcasting through the state-owned South African
Broadcasting Corporation (SABC). With some exceptions, SABC
largely reflects progovernment viewpoints both in its news
reporting and editorial policy. While the Government professes
that SABC is politically independent, a wide range of the
political spectrum, from the liberal PFP to the right-wing
Conservative Party, characterizes the corporation as an
editorial arm of the ruling National Party.

b. Freedom of Peaceful Assembly and Association

The Internal Security Act seriously obstructs freedom of
assembly as it gives magistrates the power to ban or impose
conditions on the holding of public meetings and to close off
areas to the public to prevent prohibited gatherings. In
response to widespread unrest in 1976, the Minister of Law and
Order banned all outdoor gatherings except sports events or
specially authorized meetings. The Government has renewed
this ban on an annual basis since 1976 and did so again in
1986. At the end of 1985, the Government imposed a 6-month
ban on indoor meetings of some 74 antigovernment organizations,
including the UDF, AZAPO, the Release Mandela Committee, and
the DPSC. This ban was in effect in 30 magisterial districts
throughout the country. Throughout the 1986 emergency, there
was widespread banning of meetings of political, civic, and
youth organizations throughout the country. Police frecjuently
arrested persons in townships on charges of participating in
illegal gatherings. The Government also maintained a ban on a
number of important political organizations, premier among
these the PAC, the ANC, and the Congress of South African
Students (COSAS) .

During 1986 government policy appeared aimed at hindering the
UDF by detaining key leaders. Founded in August 1983, the UDF
is a loosely organized national movement of over 600 community
groups, church and civic organizations, and labor unions.
Although the movement contains elements that adhere to the
more revolutionary values of the ANC, most of its member

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organizations describe themselves as advocates of nonviolent
political and social change. In October the Government
declared the UDF an "affected organization," meaning it could
no longer receive funds from abroad, a move which was
interpreted by many observers as an effort to hamper the
organization's effectiveness.

The South African Labor Relations Act recognizes the right of
employees to form and to join trade unions. Amendments to the
Labor Relations Act passed between 1979 and 1981 for the first
time granted South African blacks full status as employees and
removed impediments to the legal operation of black trade
unions. Trade union members, approximately 50 percent of whom
are black, constitute about 17 percent of the total labor
force of nearly 12 million. In 1979 fewer than 100,000 blacks
were trade union members. At the beginning of 1986, black
trade union membership stood at nearly 1 million, according to
government estimates.

The Labor Relations Act does not cover farm workers and
domestic servants, who together comprise approximately
2 million workers (about one-sixth of the total labor force).
Workers in these two categories, nearly all of whom are black,
enjoy few protections under the law. With the qualified
exception of KwaZulu, none of the homelands has labor
legislation to match the post-1979 reforms passed by the South
African Parliament. Ciskei and Transkei have banned a major
trade union active in the Eastern Cape (the South African
Allied Workers Union), and Bophuthatswana has prohibited
unions headquartered elsewhere from operating in its territory.

The right to strike exists under the Labor Relations Act but
is qualified by a mandatory prestrike conciliation process
that can take as long as 2 months to complete. Nearly all
strikes occurring in recent years have been staged by emerging
black unions, and most of them have been technically illegal.
In addition, the right to strike is seriously modified by the
common law right of an employer to fire any striker (whether
the strike is legal or illegal) on grounds of breach of the
person's employment contract. A 1985 opinion of the
Industrial Court, however, has significantly improved the
position of legal strikers. The increase in the number of
strikes, which reached record levels in 1985 and the first
half of 1986, reflects the success of black trade unions in
mobilizing workers and in articulating grievances. However,
massive detentions of trade union officials and members under
the State of Emergency regulations served to reduce the
political activism of black unions in the second half of 1986.

South African trade unions are independent of the Government,
and most of them have no links with any political party or
movement. Some exceptions are: the all-white South African
Confederation of Labor, with about 100,000 members, which is
widely believed to have ties to the right-wing Herstigte
Nasionale Party; COSATU, which emerged in 1986 as a de facto
ally of the UDF; and the United Workers Union of South Africa,
which is associated with Inkatha,

South Africa has not been a member of the ILO since the early
1960's. The Government monitors but does not prohibit trade
union relations with the international labor movement.
Government passport and visa policy, however, sometimes
impedes these relations. As of the end of 1986, no South
African labor organization had official links with the
International Confederation of Free Trade Unions.

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c. Freedom of Religion

South Africa's multiracial society has a wide variety of
religious denominations, and the Government generally respects
freedom of worship. Religious organizations are allowed to
hold meetings and other activities without interference as
long as they do not seriously challenge government policies.
As with other aspects of South African life, churches are
often divided along racial lines, but many churches (including
a growing number of white churches) challenge apartheid on
moral grounds. The Defense Act provides alternative service
options for religious objectors to national military service.
Conscientious objectors on nonreligious grounds continue to be
subject to a maximum 6-year sentence for refusing to serve.

The Government is often at odds with a number of the country's
church leaders, some of whom are outspoken critics of the
apartheid system. These include Anglican Archbishop of Cape
Town Desmond Tutu; Rev. Allan Boesak, President of the World
Alliance of Reformed Churches; and Archbishop Denis Hurley,
Head of the Catholic Archdiocese of Durban. In November the
Government dropped subversion charges against Rev. Boesak,
which had been pending since August 1985. These charges
stemmed from an effort by Rev. Boesak to stage a march on
Poolsmoor prison near Cape Town, where ANC leader Nelson
Mandela is imprisoned. Some church leaders, most notably
Archbishop Tutu, have openly advocated economic sanctions by
the international community against South Africa. While
Archbishop Tutu's remarks on this and other issues have drawn
heavy criticism from some government officials, as of the end
of the year the Government had taken no action to restrict him.

Churchmen have been frequent targets of detention, both by
South African authorities and by police in the so-called
"independent" homelands. Dean Simon Farisani of the
Evangelical Lutheran Church was detained in Venda in late
November and remained in custody at the end of the year. In
November police in the Transkei detained Larry Hill, an
American citizen missionary, for 2 weeks without criminal
charge. On December 17 Transkei authorities detained Father
James Paulsen, also an American citizen, without criminal
charge. He remained in custody at the end of the year.
Numerous other clergymen have also been detained under
security laws, nearly always without criminal charge.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Since the inception of the Government's homelands policy in
the 1960 's, an estimated 8 million South African blacks have
been rendered aliens in the Republic of South Africa by virtue
of what the Government characterizes as their "citizenship" in
one of the so-called "independent" homelands (Transkei,
Ciskei, Bophuthatswana, and Venda). They are subject to the
same travel and residence restrictions in "white" South Africa
as any alien.

Until 1986 the right of black South African citizens to reside
in urban areas was severely restricted by a complex set of
statutes and regulations known as "influx control" or "pass"
laws. In April Parliament repealed these laws in favor of one
requiring all South Africans to carry a uniform identity
document. Since the passage of this law, black South African
citizens are no longer required to carry government-issued
"passes" in order to prove to law enforcement officers their

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right to be present in an urban area. Some critics of the
pass law system hailed this reform but expressed the fear that
urban housing shortages, antisquatting laws, and sanctions
against employees who hire "illegal aliens" from the four
so-called "independent" homelands would amount to a de facto
system of influx control. Since the repeal of the pass laws,
the Government has reiterated that putative citizens of the
homelands will continue to be treated as aliens and will be
subject to the same laws. In 1986 Parliament also passed the
Restoration of Citizenship Act, providing for "restoration" of
South African citizenship to a limited class of blacks who
were denationalized as a result of homeland "independence"
grants — those with "permanent residence" rights in South
Africa. The Minister of Home Affairs has said that this
reform will apply only to an estimated 1.75 million blacks,
rather than to the estimated 6 million persons many observers
hoped it would benefit.

South Africans must possess valid travel documents in order to
travel abroad or to emigrate legally. Except for banned
persons, these documents generally are not difficult for whites
to obtain. Blacks assigned to an "independent" homeland
usually experience difficulty in obtaining South African
passports as the Government takes the position that they are
not citizens of South Africa. In some instances, this has the
effect of deterring international travel as some blacks refuse
to travel on a homeland passport, insisting that the Government
recognize them as citizens of South Africa. In 1982 the South
1982 the South African Supreme Court ruled that a citizen's
access to a South African passport is a privilege and not a
right and that the Minister of Home Affairs has the absolute
discretion to revoke a passport without giving any reasons for
his action. The Government often refuses passports to black
trade union officials and other persons whom it regards as
radically critical of the status quo. In October it refused
permission to Winnie Mandela, wife of ANC leader Nelson
Mandela, and to Albertina Sisulu, co-President of the UDF, to
travel to Mozambique for the funeral of President Samora
Machel. In December it refused permission to human rights
activist Helen Joseph to travel to the United States to
receive a human rights award.

Until 1986 legal restrictions existed for Asians who wished to
reside in or visit the Orange Free State and certain parts of
Natal province. Parliament repealed these restrictions during
its 1986 session.

Although South Africa is not a signatory to international
conventions on refugees, the Government provides informal
sanctuary to as many as 200,000 Mozambicans displaced by civil
strife in their country. Relief assistance is provided by
South African private and voluntary organizations, as well as
by the International Committee of the Red Cross (ICRC), and
the Government permits access by international observers to
areas where these refugees are found. The number of South
Africans who are officially registered as refugees in
neighboring countries has not grown significantly since 1985
and remains approximately 22,000. The South African Council
of Churches estimates the total number of South African exiles
to be 250,000 or more.

291

SOUTH AFRICA

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The extent to which South African citizens have the right to
change their government democratically depends on race. Until
1984 South Africa's national political institutions were
reserved for whites only. Under the country's 1983
Constitution, implemented in late 1984, the right of political
participation at the national level was extended on a limited
basis to South Africa's colored and Asian citizens but
continued to be denied to the black majority, who comprise
72 percent of the population. The new Constitution created a
tricameral Parliament with separate chambers for whites,
coloreds, and Asians. Officially registered political parties
may operate as freely as the ruling National Party. The
respective groups are represented in Parliament on a racial
ratio of 4/2/1 — white/colored/Asian. Members for each house
are elected from separate, racially based voter rolls. Each
house has primary responsibility for "own affairs" matters,
i.e., legislation affecting its own racial constituency. The
State President is empowered to decide arbitrarily v;hich issues
of general concern are to be treated by all three chambers. If
efforts at consensus on general affairs matters fail, they are
referred to the President's Council, a body composed of whites,
coloreds, and Asians, for an advisory opinion. The ruling
white National Party controls the President's Council. In
June the colored and Asian houses of Parliament attempted to
block security legislation passed by the white House of
Assembly. This effort was vetoed by the President's Council,
and the disputed security legislation became law.

The lines between "own affairs" and "general affairs" are not
always precise. Matters that are usually considered general
affairs include foreign policy, defense, national security,
and black affairs. Education is normally dealt with as an
"own affair" but is subject to general laws prescribing norms
and standards for salaries, curriculum, and examinations.
The terms of the new Constitution and the existence of a white
majority in Parliament work to ensure control by the white
House of Assembly over key general affairs. While there is a
vigorous, outspoken opposition in the House of Assembly, the
ruling National Party, which has controlled South African
political affairs since its first parliamentary victory in
1948, dominates legislative affairs by sheer force of numbers.
Within the National Party, viewpoints toward reform of the
apartheid system range from moderate to reactionary. Internal
differences are, in theory, resolved in party caucuses, but in
practice the State President, who is also the National Party
leader, resolves all disputes.

Political participation for blacks, who have no representation
in Parliament, remains limited to a franchise in 1 of the 10
homelands to which all blacks are assigned through ethnic or
linguistic identification, or in the case of urban blacks, to
a franchise enabling one to vote for black local government
officials. Assignments of blacks to homelands take place
irrespective of the wishes of those assigned and without regard
to the fact that they may not have been born, nor ever lived
in, nor even visited, their putative homeland. When a homeland
"requests" and is then granted "independence" by the South
African Government, blacks assigned to that homeland lose
their South African citizenship and receive the "citizenship"
of the homeland. An estimated 8 million blacks have lost
South African citizenship under this policy by South African
legislation granting "independence" to four homelands:

292

SOUTH AFRICA

Transkei (1976); Bophuthatswana (1977); Venda (1979); and
Ciskei (1981). The South African Government stated in 1986
that it had no intention of abolishing the homelands system.

A fifth homeland — KwaNdebele — had been slated for
"independence" in December 1986. In August the KwaNdebele
legislative assembly, reacting to several months of political
violence in the homeland and an evident groundswell of anti-
independence sentiment among the homeland's inhabitants,
rejected an earlier decision by the homeland's Chief Minister
to accept independence. While the Minister of Constitutional
Development and Planning publicly said that the Government
would honor the wishes of the people of KwaNdebele, it was
still not clear at the end of 1986 whether the South African
Government would follow through with the grant of independence
to KwaNdebele. On December 31, 1985, the Government formally
proclaimed the excision of an area of the Lebowa homeland — the
Moutse district — and its incorporation into KwaNdebele,
despite opposition by the inhabitants of Moutse, who now
constitute an ethnic minority in KwaNdebele.

An estimated 10 million blacks live in townships near white
urban areas. The only voting rights they are able to exercise
are those granted under the Community Councils Act of 1977 and
the Black Local Authorities Act of 1982. The Black Local
Authorities Act of 1982 elevated the status of black municipal
authorities to that enjoyed by white municipal governments.
It did nothing, however, about the critical problems of
inadequate financial resources and the lack of political
credibility faced by black local government. Much of the
violence that took place in black townships in 1986 was
directed at black town councils and councillors, who were
viewed by many blacks as collaborators with the South African
Government. In many areas, there were wholesale abdications
of town councils due to community opposition, which often took
the form of political violence.

In 1985 Parliament passed legislation to replace all-white
provincial (state) councils with multiracial Regional Services
Councils (RSC's), to include representatives of black, Asian,
and colored local governments. The Government has experienced
difficulty in drawing authentic black leaders into the RSC's.
While characterized by the Government as a "devolution" of
power to local bodies, the RSC's are widely regarded as not
representing a meaningful shift towards greater democracy in
local government.

In Natal province, the Indaba — a convention representing all
racial groups and a wide range of social and political
organizations — met for several months in 1986 to formulate a
proposal for a new constitution for the province. The
proposal, which was unveiled in late November, provided (among
other provisions) for a bill of rights with firm constitutional
guarantees of individual liberties. It also proposed a
universal franchise and a bicameral legislature in which the
larger chamber would be elected on a one-person, one-vote
basis and the smaller chamber would represent specified ethnic
groups with veto rights over certain affairs affecting them.
The leader of the ruling National Party for Natal province
publicly rejected the terms of the Indaba proposal, but the
responsible cabinet minister had not formally commented on the
proposal by the end of the year. The Indaba leaders were
planning to present it formally to the Government for approval
and hold a referendum among the people of Natal and the
homeland of KwaZulu on the proposals.

293

SOUTH AFRICA

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The South African Government extends little or no cooperation
to various United Nations bodies or private organizations
attempting to investigate the Government's human rights
record. In October reacting to a vote of an International Red
Cross conference in Geneva to expel a South African delegation,
the Government announced the expulsion of 16 Swiss delegates
of the International Committee of the Red Cross (ICRC). In
November, however, the Government reversed this decision and
stated that ICRC representatives could remain in South Africa.
The Government has permitted th^- ICRC access to convicted
security offenders.

During 1986 the Government permitted an American Bar
Association representative entry into the country to observe
proceedings in the treason trial pending against 22 UDF and
other black political organization leaders. The Government
refused numerous requests by foreigners to interview Nelson
Mandela but did allow members of the Commonwealth "Eminent
Person's Group" to meet with Mandela on two occasions.

Many South African organizations observe, report, and contest
human rights violations in the country. In addition to black
political organizations, the Lawyers for Human Rights, the
Black Sash, the Legal Resources Center, the South African
Council of Churches, the DPSC, the End Conscription Campaign
(ECC), the Center for Applied Legal Studies and other groups
are actively involved in a wide range of human rights issues,
and assist persons who are aggrieved by the apartheid and
security laws. The annual report of the South African
Institute of Race Relations is a key source on human rights
questions in South Africa. In December 1986, the Government
entered restriction orders against a number of Black Sash,
DPSC, and ECC leaders, prohibiting them from engaging in
certain types of political activity.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

As stressed throughout this report. South Africa's black
majority and, to a somewhat lesser extent, the colored and
Asian communities, suffer from pervasive, legally sanctioned
discrimination based on race in political, economic, and
social aspects of life. For example, government expenditures
on education per student in the financial year 1983/84 were:
whites, $744; Asians, $489; coloreds, $256; and blacks
(exclusive of Transkei, Ciskei, Bophuthatswana and Venda),
$105. In 1981 black pupil enrollment was just over 5 million
in regular primary though high school grades. Only slightly
more than 1 percent of enrollment was in the last grade of
high school, illustrative of the high drop-out rate. Black
enrollment at "white" universities has been growing slowly.

Political unrest which has swept many of the country's black
and colored townships since late 1984 has taken the form of
school boycotts in many areas. In some parts of the country,
the Government has closed black schools. While black activist
groups, in particular the National Education Crisis Committee,
have sought to reconcile differences between black students
and government educational authorities, political problems
have exacerbated an already poor educational system for blacks.

294^

SOUTH AFRICA

Women of all races in South Africa suffer varying degrees of
legal, cultural, and economic discrimination, most of which is
based on tradition rather than codified in law. Women
traditionally earn lower wages than men and are generally
underrepresented in the country's political and business
establishment. No women presently serve as ministers in the
Government. Two women serve as members of the State
President's Council. Three of the 178 seats in the
Parliament's white House of Assembly are held by women. The
colored House of Representatives has two women members, and
the Asian House of Delegates has one. Generally speaking,
women have achieved more success in electoral politics at the
local than at the national level.

Black women suffer not only from extensive legal handicaps and
acts of discrimination that stem from South Africa's system of
apartheid, but also from other legal disabilities based on
sex. They are regarded by South African law as perpetual
minors. Maternity benefits are not guaranteed under South
African law, and a pregnant woman can be legally dismissed
from her job. Against a backdrop of traditional sex and race
discrimination, a fledgling women's rights movement has taken
hold in South Africa. Women's organizations, often
multiracial, have been at the forefront of the struggle
against both race and sex discrimination.

CONDITIONS OF LABOR

Governnient figures show an increase in unemployment in 1986.
Black unemployment is not measured directly, but private
estimates of total black unemployment (including the
homelands) are in the 25 to 30 percent range. In some areas,
especially in the eastern Cape, black unemployment rates are
dramatically higher, reaching over 50 percent.

The Labor Relations Act of 1956 provides a mechanism for
negotiation between labor and management to set industry-by-
industry minimum wage standards. At present, some 101
industries come under the provisions of the Act. There is no
universal minimum wage in South Africa. The Occupational and
Safety Act prohibits the employment of minors under the age of
16 in certain industries. On basic conditions of employment,
the Act sets forth certain minimum standards for employment,
including provisions for a standard workweek of 46 hours in
most industries, as well as mandatory provisions for vacation
and sick leave. The Machinery and Occupational Safety Act
mandates minimum standards for the design and use of certain
types of industrial machinery.

295

U.S.0VERSE4S -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: SOUTH APRICA, REPUBLIC OF

1984

1985

1986

I.;CON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOO
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
\^OL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ..

FOR PEACE

ANS

ANTS

I-TDTAL ,

. I»J $-LOANS....
IN FOR. CURR,...

II-TOTAL

lEF.EC.DEV 5 WF"
ELIEF AGENCY.. .. ,
R ECON. ASSIST..

ANS

ANTS ,

pea:e CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS ,

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
:.INTL MIL.ED.TRNG. .
D.TRAN-EXCESS STOCK,
t. OTHER GRANTS ,

III. TOTAL 5C0N. & MIL,

LOANS

GRANTS ,

0.0

14.3

0.0

O.D

0.0

U.3

0.0

14.3

0.0

14.3

0.0

13.8

0.0

14.3

0.0

14.3

OTHER US LOANS...,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INT £R N ATI CJ AL AGENCIES
1984 1985 1986

1946-86

TOTAL

0.0

242.3

IBRD

0.0

241.8

IFC

0.0

lOA

0.0

IDS

0.0

A03

0.0

AFDB

0.0

O.D

0.0

UNDP

0.0

OTHER-UN

0.0

0.0'

0.0

0.5

EEC

0.0

296

NAMIBIA

Formerly German South West Africa, Namibia has been ruled by
the Republic of South Africa since 1915. The United Nations
lifted South Africa's 1920 League of Nations mandate in 1966.
However, South Africa refused to relinquish its possession and
has ignored a 1971 advisory opinion of the International Court
of Justice upholding U.N. authority over Namibia and calling
for South Africa's immediate withdrawal. In 1978 the United
States, United Kingdom, France, Federal Republic of Germany,
and Canada drafted a proposal for Namibian independence agreed
to in talks with South Africa, the South West Africa People's
Organization (SWAPO), and the neighboring states (known as the
"Front Line States"). This proposal was adopted by the United
Nations Security Council as Resolution 435 (UNSCR 435). It
calls for the cessation of all hostilities, the phased
withdrawal of South African forces, and free elections under
U.N. supervision. South Africa has since said that it will
not implement Resolution 435 without a satisfactory commitment
by the Angolan Government on the parallel withdrawal of Cuban
forces from Angola. In November 1984, the Angolans made a
formal proposal on the numbers and timing of Cuban troop
withdrawal. South Africa responded with its own proposals,
including subsequently a proposed August 1, 1986,
"date-certain" for the implementation of UNSCR 435 if a Cuban
troop withdrawal agreement could be reached by that date. The
date passed without an agreement. The United States is
committed to the U.N. plan and has been playing a mediating
role in negotiations between South Africa and Angola.

A South African Government proclamation in June 1985 gave
ostensible autonomy over internal affairs to a group of
internal political parties, known as the Multiparty Conference
(MPC) . The MPC formed a "Transitional Government of National
Unity," more widely known as the "Transitional Government"
(TG) . A number of parties opposed to South African rule
refused to join the MPC and the TG. Among these parties was
SWAPO, which is waging a guerrilla war against South African
rule from outside the country but is still allowed to operate
as a political party in Namibia, despite harassment by the
authorities. A number of other parties, including a major
part of the South West Africa National Union (SWANU), the
oldest nonviolent opposition group, also refused to join the
MPC. A South African-appointed Administrator General still
sits in Windhoek but with reduced powers, and South Africa
retains direct responsibility for defense, foreign affairs,
and the constitutional status of Namibia. The United States
and the rest of the international community do not recognize
the TG and hold the Republic of South Africa responsible for
the actions of the Namibian authorities it has appointed.

A majority (60 percent) of the population of 1.2 million
Namibians live by subsistence agriculture. The modern economy
relies on mining, ranching, and fishing. A weak and unstable
market for minerals, 6 years of drought only broken in
1984-85, and overfishing by some foreign concerns,
particularly from the Soviet bloc, have caused a lingering
recession. Uncertainty about Namibia's
political future has discouraged potential foreign
investment. Tourism potential is one of the few bright spots

297

NAMIBIA

on the economic horizon. Meanwhile, the South African
Government provides over $500,000 a day in direct aid to
Namibia.

Most reports of human rights violations by government
authorities or SWAPO involved actions taken in the war zone in
northern Namibia since 1966 when SWAPO first turned to
violence. Sporadic incidents of violence plague the entire
country, but most of the fighting takes place near Namibia's
border with Angola, especially in the Ovamboland region. The
Ovambo ethnic group comprises approximately 50 percent of
Namibia's population and provides the main support for SWAPO.
In recent years, the combat has been conducted by small groups
belonging to SWAPO' s military branch, the People's Liberation
Army of Namibia (PLAN). SWAPO mounts an annual rainy season
infiltration of northern Namibia from bases in Angola to carry
out sabotage missions. The South African defense force (SADF)
and the South West African Territorial Force (SWATF) attempt
to root out the SWAPO teams and on a regular basis in 1986
conducted "hot pursuit" operations across the border into
Angola. Years of effective South African military operations
in both Namibia and Angola have significantly weakened SWAPO,
and guerrilla infiltration of Namibia dropped off in 1986.
Government forces claimed to have killed over 645 SWAPO
combatants by the end of 1986.

In 1986 there were a number of civilian deaths attributed to
both government security forces and to SWAPO, including some
caused by mines or bombs reportedly planted by SWAPO in public
places. In addition, there was a continuation of arbitrary
government detention without access to counsel or visits by
family members and of torture and other abuses by security
forces. There are also restrictions on freedom of assembly
and freedom of the press. A number of prisoners were released
in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Namibia is an arena of guerrilla conflict, and there have been
a number of deaths due to terrorist bombings. Post offices,
schools, and other government buildings in the north are
heavily barricaded and patrolled. SWAPO guerrillas have
reportedly murdered some Ovambo civilians, apparently in an
attempt to intimidate others from cooperating with the South
African Government. SWAPO denied responsibility for the
bombing of a Walvis Bay meat market in July which killed five
persons, countering that the market is an implausible SWAPO
target because it was frequented by blacks; SWAPO sympathizers
claimed that government or government-backed groups were
responsible in an effort to discredit SWAPO.

The SADF and SWATF and the police have themselves been accused
of killing captured SWAPO guerrillas. Military officials
state that very few SWAPO guerrillas are captured, but they
attribute this to the nature of the fighting and SWAPO 's
orders to its guerrillas not to be taken captive. Defense
officials insist that they investigate all charges of murder.
They also assert that the murders they have confirmed are acts
of indiscipline and not policy. Critics contend that the

298

NAMIBIA

SADF/SWATF sometimes take no action after being informed of
instances of misconduct. In a highly publicized incident,
charges against four members of government security forces
accused of beating a civilian to death were dropped under
direct orders from South African President Botha (see Section
I.e.). The Government did prosecute several other security
force members for brutality and sentenced several to prison,
including a SADF soldier in January who received 6 years in
prison for raping an Ovambo woman.

Some clergymen and human rights activists have accused the
police paramilitary unit previously known as "Koevoet"
(Crowbar) of numerous atrocities including murder. The name
"Koevoet" was dropped in mid-1985 when the unit came under the
authority of the South West Africa police, reporting to the
TG. The South African Government has on occasion agreed to
pay damages, along with legal costs, to settle claims of
alleged unlawful killings and assaults by Koevoet. Criminal
prosecutions, for which a higher standard of proof is
required, have been much rarer.

A SWAPO member and former Robben Island prisoner, Immanuel
Shifidi, was killed on November 30 when outsiders violently
disrupted a peaceful SWAPO rally. There were credible
allegations that some out-of-uniform members of a government
security unit were among the outsiders. The police denied
responsibility and began an investigation of the incident.
Earlier the same week, security force officials accused SWAPO
of murdering a church official. SWAPO denied the charges.

b. Disappearance

The security forces are not obliged to notify anyone when a
person is detained and often hold detainees incoiimunicado for
extended periods of time. They are sometimes accused of
ignoring requests for information from family members and
friends of those who have been detained. As a result, some
Namibians have "disappeared" only to turn up later in
detention cells.

SWAPO reportedly uses abductions to win recruits, although
SWAPO officials contend that all its recruits join
voluntarily. SWAPO allegedly abducted 17 Ovambo school
children in September for this purpose. This may have marked
a revival of a tactic dropped years ago because of the
negative publicity which resulted. Government security
forces pursued the alleged kidnapers into Angola and claimed
SWAPO was forced to release the youths. A SADF officer said
smaller scale SWAPO abductions remain a common feature of life
in Ovambo land.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In 1986 political leaders, clergymen, and others regularly
made detailed allegations that the police and security forces
engaged in brutal treatment against civilians, both in and out
of detention, including the use of solitary confinement and
beatings. Several of these allegations have been confirmed.
Government officials admitted using force to interrogate
suspected SWAPO supporters whom they suspected of planting
mines or bombs.

299

NAMIBIA

The most notable case was that of Frans Uapota, allegedly
beaten to death by four SADF soldiers in November 1985. The
Transitional Government charged the four with murder, but
South African President Botha intervened in June and certified
under the Defense Act that the four had acted "in good
faith." The TG, which claimed it was bound by Botha's order
to withdraw the charges, subsequently asked not to be
associated with such actions in the future. However, some
legal observers claimed the TG did not have to comply with
Botha's instruction. The South West African Bar Council
condemned the dismissal of the Uapota case as a "coverup."

Security forces also beat two boys during interrogation. The
mother of one of the boys has sued South Africa's Defense
Minister over the alleged brutality. In one case, the
soldiers were fined; there was no known prosecution in the
other case. Security officials point to these court cases as
proof that claims are investigated and, if valid, pursued in
legal channels.

In April a parents' group in Namibia and neighboring countries
protested SWAPO forced conscriptions of their children as well
as incarceration, torture, and killings. The group also
protested the use of "psychological terror by the SWAPO
Military Police comparable to Koevoet" and the repeated abuse
of young girls and women in SWAPO camps. SWAPO denied the
allegations .

d. Arbitrary Arrest, Detention, or Exile

Two key articles of security legislation, enacted into law via
proclamations by the Administrator General (AG 9 and AG 26),
give security forces broad detention power. AG 9 of 1977
constitutes the legal basis for most detentions and permits
30-day detentions without charge or access to counsel of
anyone deemed to have committed an offense, to be planning an
offense, or to have knowledge of an offense. However, the
Windhoek Supreme Court ruled in February that persons detained
under AG 9 were entitled to have access to attorneys.
Originally, AG 9 applied only to the far northern areas of
Namibia. However, since 1979 the "security districts" have
been extended south, and now more than 80 percent of the
population are subject to AG 9.

In a report released in October 1986, the Van Dyk Commission,
created in 1983 to study changes in security legislation,
indicated that between 1977 and 1983 there were no
prosecutions under AG 9, and that 80 percent of the detained
were released within the 30-day limit. The report stated that
security police had detained 2,624 people under AG 9 between
1977 and the end of 1983, releasing 2,415 of these uncharged
within the 30-day limit and another 157 before charges were
referred to the Attorney General. The police detained 155
people between January 1984 and April 1985. The defense
forces (SADF AND SWAFT) detained 2,893 people between 1977 and
the end of 1983. The defense forces detained 407 people
between January 1984 and April 1985. Although the number of
persons in detention at any one time fluctuates considerably,
it was estimated that approximately eight persons were in
detention under AG 9 at the end of 1986.

In security cases, AG 26 allows detention for 180 days without
trial, under authorization from the Cabinet (previously from
the Administrator General). AG 26 provides several guarantees

300

NAMIBIA

not provided by AG 9. It states that detainees are entitled
to a copy of the arrest warrant and to reasons for the arrest
in writing. It further stipulates that detainees are entitled
to visits by medical practitioners and magistrates. AG 26
provides for a Review Committee, but the Cabinet is not
required to follow Review Committee recommendations. The
record in enforcing AG 26 is mixed. Persons detained iinder AG
26 are rarely aware of their rights and even more rarely have
access to competent legal counsel. However, in at least three
cases taken up by attorneys, legal action or the threat of
such action won releases. The Government amnestied several
SWAPO members held under AG 26 in March 1986. The TG said
there were 24 people being held without charge under AG 26 in
June 1986, an apparent decline from earlier in the year.
There were an estimated 21 persons in detention under AG 26 at
the end of 1986.

Until mid-1985, Namibians detained under security legislation
had no recourse to the courts. In various cases in 1985 and
1986, attorneys sought to gain legal access to their clients
or have AG 26 and charges under other laws invalidated,
arguing that they violated the Transitional Government's 1985
Bill of Fundamental Rights. These rights include one that
guarantees "no one shall be detained for an indefinite period
of time without a fair and proper trial by a court." In a
1985 case, the Windhoek Supreme Court found that the Cabinet
had failed to show sufficient cause and ordered the prisoner's
release. However, in February 1986, in State v. Angula, the
Supreme Court denied an appeal of seven SWAPO members charged
under the South African Suppression of Communism Act and the
Terrorism Act. South African Government attorneys
successfully argued that the bill of rights did not apply,
since the TG had not yet devised and won approval for a new
constitution.

The Windhoek Supreme Court, in what at the time was considered
a potentially landmark decision, ruled in October 1986 that
section 2(2) of the Terrorism Act was in conflict with the
Bill of Rights and Proclamation 101, which created the TG.
This decision, however, was struck down when South Africa's
Bloemfontein Appeals Court, the highest Court of Appeal for
Namibia, ruled in December that only laws passed after the
TG's creation in June 1985 were subject to the Bill of
Rights. This excludes all of the major security legislation,
which accordingly still stands.

There is no forced labor in Namibia.

e. Denial of Fair Public Trial

In an October 1986 report, the Van Dyk Commission, created by
the Administrator General to make recommendations on the
"adequacy, fairness and efficacy of legislation pertaining to
the internal security of the territory," recommended the
consolidation of all security legislation within one
proclamation. Among the Commission's other recommendations
are the principle that a defendant is responsible for proving
his or her innocence if the State can prove that the crime
occurred and if the accused had some knowledge of it (not
specifically that the accused committed the act). In such a
case, the accused is considered guilty until he or she can
demonstrate innocence "beyond a balance of probability." The
State must also prove that the act was perpetrated with intent
to subvert authority, promote constitutional or political

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change, or demoralize or intimidate the public. The
Government's legal authorities consider this stipulation
central to prosecuting alleged "terrorists," because it is
much more difficult to prove guilt under regular criminal
codes which presume the innocence of the defendant. The
Commission also recommended that residents of the "operational
area" in the north be held liable to provide information on
SWAPO activities. The TG ' s Justice Minister has not yet
proposed formal revisions in security legislation to the
National Assembly.

Some elements of the security forces, police and military, are
seconded from South Africa and remain under Pretoria's
ultimate jurisdiction. Thus, Namibians must seek recourse
from the South African Government for alleged injustices. In
one case, a Namibian sued South African Minister of Law and
Order Louis Le Grange for unlawful arrest, wrongful detention,
and maltreatment by the South African police. In March Le
Grange agreed to pay approximately $15,000 and court costs to
a Kavango shopkeeper. However, some observers say most
alleged victims of wrongful detention or security force
brutality do not press charges because of fear of increased
government intimidation after they have given statements.

Most detainees are held without charges under AG 9 and AG 26.
However, those few who are brought to trial can expect a
hearing based on the legal merits of their case. They have
access to legal counsel and can expect the charges against
them to be clearly stated.

The judiciary (Supreme Court, magistrate courts) is
independent of the executive (TG), but its authority is
limited by TG and South African legislation and subject to the
appellate function of South African courts. The Namibian
judicial structure comprises two overlapping systems — one for
whites. Westernized blacks, and coloreds, and another for the
indigenous African people. In 1919 Roman-Dutch law was
declared the common law of the territory.

f. Arbitrary interference with Privacy, Family, Home, or
Correspondence .

Security legislation allows the security forces almost
unlimited powers of search and seizure. In the operational
area — the sectors along the northern border — invasion of homes
is said to be routine. Cars are regularly stopped and
searched when entering checkpoints to the northern region;
they are also periodically stopped and scrutinized when
entering or leaving government installations in the
operational area.

Politically active Namibians regularly complain that the
authorities keep them under surveillance. Security police,
often disguised as businessmen, reportedly have offered money
to activists' friends in return for information on their
movements .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Namibian newspapers are subject to South African press laws,
including the Internal Security Act of 1950. These laws limit
reporting on certain matters such as military affairs and

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prisons. In spite of this restriction, the Namibian press
often contains lively and irreverent reporting, and its
editorial writing regularly includes anti-South African and
even pro-SWAPO comment. Newspapers have embarrassed the TG
with disclosures of the salaries and perquisites provided to
TG representatives. The installation of the TG, whose Bill of
Fundamental Rights guarantees the freedom of expression,
suggested a looser rein on the press. However, the Cabinet
required a $9,000 deposit from the owners of the Namibian, a
newspaper whose editorial slant is opposed to the Government
and allegedly pro-SWAPO, before allowing them to publish the
newspaper's inaugural edition on August 30, 1985. The
newspaper's editor appealed to the court in September 1986 and
won her case to have the deposit reduced. Only one other
paper, the Observer, was required to make a similar deposit,
which is prestamably being refunded as well. All other papers
had been required to deposit $9.

The Namibian has complained of regular harassment, including a
fire in August 1986, break-ins, threatening phone calls,
broken windows, and tire slashing.

Publications which are banned in South Africa are also banned
in Namibia. Several SWAPO publications have been declared
"undesirable." However, Windhoek book periodical retailers
carry many publications which one would not find in South
Africa. Censorship laws seem to be less stringently applied
in Namibia than in South Africa.

b. Freedom of Peaceful Assembly and Association

All political parties must apply for permission to convene
meetings. The Prohibition and Notification of Meetings Act of
1981 bars any political party from holding a public meeting of
a certain size if that party advocates violence as a means of
changing the status quo. Under this provision, the Government
limited the political activities of the legal SWAPO party,
restricting the size of public meetings to 20 persons or less.

The Windhoek Supreme Court ruled in July 1986 that, according
to the TG ' s bill of rights, SWAPO could hold public meetings
with prior approval because the court found that the group did
not specifically advocate the overthrow of the Government by
force. SWAPO subsequently held three public meetings, their
first in 5 years. While the first two were undisturbed, the
third meeting was violently interrupted by outsiders, some of
whom were credibly alleged to be out-of-uniform members of a
government security unit. The police then arrived and broke
up the meeting by indiscriminately firing large amounts of
tear gas, even at people fleeing the meeting or well away from
the meeting site.

The Government banned a march planned by the Roman Catholic
Church and various political opposition groups (the ban was
overturned by the Supreme Court). On December 4, the TG
prohibited meetings to commemorate the "old location" incident
of 1959, when several people were killed during a forced
removal in Windhoek. The meetings ban was imposed under the
Riotous Assemblies Act of 1956. The Government also detained
church officials, not for their religious activities but for
their alleged political opposition. Several officials of the
Lutheran church (the largest church in Namibia) were detained
in May, although some were released the next month. At the
end of 1986, the authorities were investigating tha political

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activities of the Council of Churches of Namibia (CCN), which
is often seen as sympathetic to SWAPO. Both the CCN
headquarters in Windhoek and a Lutheran church in Ovamboland
were bombed in January (the CCN building being totally
destroyed) . The Government and SWAPO blamed each other for
the bombings .

Both Pretoria and the TG restrict non-Namibians from speaking
out on political issues within the territory. The TG has the
authority to ban outsiders from entering Namibia to give
speeches. It used this authority in 1986 to prohibit a speech
by a member of the South African United Democratic Front. The
law also bans right-wing groups — including the Conservative
Party, the Herstigte National Party, and the far right
Afrikaner Weerstandsbeweging from speaking on plans for
Namibian independence. This subject is reserved for officials
of the South African Government. The Government arrested
South African black activist Saths Cooper in February before
he addressed a meeting on the black consciousness movement and
its lessons for Namibia. Cooper was arrested for violating an
old law prohibiting the entry of Asian people into the country
without a permit. After the charges against Cooper were
dropped, the Government later replaced the law with one that
requires an entry permit for all persons not born in Namibia
or who do not work for the Government .

At least seven larger and several smaller labor unions are
registered in Namibia, and all are nominally open to all
races. However, only one has a sizable black membership: the
Mineworkers Union of Namibia (MUN) based in Tsumeb. The
Department of Civic Affairs reports that only the MUN and the
Municipal Staff Association are functioning labor
organizations. The MUN is represented in just one of the
three mining firms, and neither union has been noticeably
active. Migrant labor is a staple of the mining and fishing
industries. Many of the migrant workers are Ovambos unwilling
to risk being discharged and forced back to the operational
area by loss of their income.

c. Freedom of Religion

Namibians enjoy complete freedom of religion. Almost all
Namibians are Christians. The Lutheran Church has by far the
largest share of adherents: the 1985 merger of two Lutheran
branches formed the evangelical Lutheran Church, to which 7
out of 10 Namibians belong. The Catholic, Anglican,
Methodist, and Dutch Reformed churches are also active. There
is 1 synagogue, and there are approximately 20 Jewish families
in Windhoek.

Most church officials are openly critical of South African and
TG policies and complain they are regularly harassed and
inconvenienced, e.g., by passport denials, by the
authorities. The TG reportedly delayed one education aid
project sponsored by the Namibian Council of Churches until
the project was taken over by a secular group. South African
Defense Force officials frequently argue that clerics are
SWAPO sympathizers and supporters. The clerics have denied
allegiance to SWAPO, stating only that they wished to see
Namibia become truly independent. The military conscription
system makes no provision for conscientious objectors.

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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The February 1985 order under the security districts
proclamation states that no person may enter six northern and
northeastern districts without first obtaining a permit issued
by the police. The districts are Ovamboland, Kavangoland,
Kaokoland, Eastern Caprivi, Bushmanland, and Hereroland East.
Everyone must apply in person at a police station and fill out
a form giving their reason for travel. Approval of such
applications can take up to 2 weeks. Since the order was
issued, several people have been denied permits. In at least
one case, the police refused to give reasons for the denial.
Two journalists were refused permission to travel to Kaokoland
to cover a poaching trial against security officials.

Clerics in northern Namibia complain that these regulations
greatly restrict their ability to attend to their
congregations, particularly when they must travel from
Ovamboland into Kavangoland. One church leader was offered a
multiple-entry permit, but he rejected it as an illegitimate
special privilege.

Though enforcement of the requirement that travelers present
permits at roadway checkpoints leading into the northern
sectors has reportedly grown lax, travelers without permits
still risk being turned away. A dusk-to-dawn curfew in the
operational area also restricts freedom of movement. Leaders
of various churches petitioned the Supreme Court to end the
curfew as being inconsistent with the Government's Bill of
Rights. The Supreme Court rejected the petition December 5,
and the curfew remains in force. In addition, the potential
danger of land mines discourages travel on unpaved roads.

The authorities control travel beyond South Africa through
denials of passports or "travel documents", which are required
of Namibians seeking to journey overseas. Those persons
deemed to be sympathetic to SWAPO or who are officially
associated with SWAPO are usually given passports valid for
only 1 year rather than the regular 5-year period. Gwen
Lister, editor of the Namibian, and SWAPO Secretary-General
Toivo Ja Toivo are two persons who have been given the more
restricted passports. In some cases, individuals are refused
passports altogether, as in the 1986 case of Roman Catholic
Bishop Kameeta. All persons entering South Africa or Namibia
must have a passport and visa unless they can prove to be
South African or Namibian by law or descent.

In November 1985, the TG's appointed National Assembly passed
a law requiring non-Namibians to apply for special permits if
they wish to reside in Namibia for longer than 30 days. Three
South Africans were deported in April 1986 under this
"Residence of Certain Persons in South West Africa Regulation
Act", which allows for the deportation of people who threaten
the public order. The Act applies to all non-Namibians and
those outside the Government and armed forces. However, the
Windhoek Supreme Court ruled in November that the Residence of
Certain Persons Act violated the Government's Bill of
Fundamental Rights and thus was invalid. The TG has appealed
the decision. Travel restrictions also allegedly occur at the
local level. One of Namibia's 11 ethnic authorities, the
Rehoboth Basters, reportedly jailed 24 Ovambos for being
present in the Rehoboth area without residence permits. Such
restrictions are illegal under the central Government's law.

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There are approximately 80,000 Namibian refugees in other
African countries.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

Namibians do not have the right to change their Government.
Ruled by an Administrator General prior to June 17, 1985, they
are now ruled by South Africa through the Transitional
Government which they did not elect and which is not
accountable to them. Theoretically the TG has full control
over all government portfolios, excepting defense and foreign
affairs, which the South African Government retains. The six
parties of the TG divided the cabinet seats among themselves
after sustained negotiations. No elections were held. The
Cabinet enacts legislation through a National Assembly, whose
•members were appointed by the six parties.

In 1978 the prospect of independence led to the creation of a
number of political parties seeking representation through the
election mandated by United Nations resolution 435. At one
time, some 47 political organizations existed, several of
which had only a handful of members. In 1986 about a dozen
political parties have credible structures and membership
rolls. Six of these parties take part in the TG.

The TG inherited a complex three-tier administrative
structure. The first-tier is the central government level.
The second-tier authorities are separate ethnic governing
bodies representing each of the 11 officially designated
population groups. Third-tier authorities, such as municipal
governments and village management boards, provide local
services. The control of facilities such as schools,
hospitals, and libraries by the ethnic second-tier authorities
results in the best available facilities being reserved for
whites, who enjoy a much higher tax base. The issue of
whether to dismantle the second-tier structure or, if not, how
to amend it, is the most divisive question facing the TG.

There is an informal plan, put forward in April 1986 by one of
the TG parties, the Democratic Turnhalle Alliance (DTA), and
another by two black-led parties, to replace the second-tier
ethnic authorities with districts or provinces. The DTA plan
calls for the formal division of the country into 19
districts, while the plan proposed by the South West African
National Union (SWANU) and SWAPO-democrats of the TG divides
the country into 6 provinces. The DTA plan also would provide
for one-man, one-vote for a 60-member national assembly, and a
60-member senate. Throughout 1986 the Constitution Council
continued to grapple with developing a draft constitution,
which is due to be tabled in the National Assembly in early
1987. According to the rules under which it was created, a
two-thirds vote in the Assembly will be required to approve a
draft, if a consensus cannot be reached.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Administrator General and the TG generally permit critics
of Namibia's human rights situation to visit Namibia. For
example, the Namibian Council of Churches (NCC) occasionally
sponsors visits of persons and groups critical of the internal
situation. According to Amnesty International's 1986 Report,

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the Administrator General, in response to 1985 allegations of
torture, issued a three-page document which stated that
military personnel had been warned against mistreatment of
detainees and "unlawful acts of violence." The Namibia
Communications Center, an ecumenical agency based in London,
chronicles reported human rights abuses in Namibia. The
International Society for Human Rights Conference in London in
March included considerable criticism of SWAPO's human rights
record.

The South African Government ordered officials of the
International Committee of the Red Cross out of South Africa
and Namibia in October 1986 in retaliation for the Red Cross
Conference vote to expel the South African delegation from its
conference in Geneva. However, this decision was rescinded in
November .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Namibians are of diverse linguistic and ethnic origins. The
principal groups are the Ovambo, whites, Damara, Herero,
Okavango, Nama, colored (mixed race). East Caprivian, Bushmen,
Rehoboth Baster, Kaokovelder, and Tswana. Namibia's
population was estimated at 1.2 million in 1982 with Africans
comprising almost 86 percent and the largest group, the
Ovambo, constituting 51 percent of the total.

In 1977 Judge T. Marthinus Steyn used his tenure as
Administrator General to ease apartheid in Namibia. Laws
prohibiting interracial marriage and sexual relations were
repealed, and laws restricting the movement of individuals
based on race were abolished. Today integrated facilities are
the rule. Most hotels and restaurants are officially open to
all races. However, at least one Windhoek restaurant
blatantly maintains a whites-only admission policy. Several
others seem to use more subtle methods to discourage black and
colored patrons. Poverty restricts most blacks and coloreds
from moving out of their respective townships into the white
neighborhoods of Windhoek. In December 1985, Namibia's
libraries, including the Windhoek public library, which were
operated by the second-tier administration for whites, were
opened to all groups.

Namibia no longer has an equivalent of the South African Group
Areas Act, which restricts areas of domicile by race, but
economic factors keep the races largely divided. The TG is
grappling, so far unsuccessfully, with devising an alternative
to AG 8, the legislation which created 11 different ethnic
second-tier authorities which provide for segregated education
and other public services. Under the system, whites, who
provide 90 percent of the country's tax revenues, pay only for
the upkeep of white schools and services.

The Cabinet recommended that all schools be opened to all
races in 1987, but two parties in the TG, the White National
Party of South West Africa and the "colored" Rehoboth Free
Democratic Party which control their own schools, opposed the
move, and the plan has been shelved for the 1987 school year.
President Botha reportedly told TG officials in October that
they should not go ahead with wholesale desegregation of the
schools but rather continue to recognize group, as opposed to
individual, rights.

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Women encounter considerable difficulties in both traditional
and modern settings. Under traditional practice, a woman is
usually the ward of her father or, when married, her husband.
She is never independent. Women in the modern sector complain
of discrimination in employment and in financial affairs.
Women's groups have been formed generally under the auspices
of the churches. Women are represented in the National
Assembly, though not in the Cabinet. In 1985 the Council of
Churches helped establish a women's organization, the Namibian
Women's Voice (NWV) , whose representatives traveled to Nairobi
for the U.N. conference marking the end of the U.N. decade for
women. In Nairobi these 18 women joined 18 Namibians in exile
and sat together as a united delegation. The NWV has
undertaken projects commemorating the role of women in
Namibia's history.

CONDITIONS OF LABOR

There is no minimum wage in Namibia. The minimum working age
is 15. Reliable information about the extent to which
occupational health and safety standards are enforced in
Namibia is not readily available.

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SUDAN

The Transitional Military Government, which took power after
the overthrow of the undemocratic regime of President Nimeiri
in April 1985, presided over elections a year later as it had
promised. Although rebel activity prevented elections in 37
southern districts (over half of the south' s total), voting in
the rest of the country was orderly, peaceful, and fair, the
first free elections since 1968. The new coalition
Government, consisting of six political parties and headed by
Prime Minister Sadiq al-Mahdi, took office in May pledging to
restore democracy and the basic rights of its citizens.

Despite this democratic achievement, the civil war in southern
Sudan continued unabated. The rebel Sudan People's Liberation
Movement/Army (SPLM/SPLA) has escalated military pressure on
the central Government, calling for a new constitution, new
elections, repeal of the Shari'a laws, and a more equitable
division of political power between the north and the
historically disadvantaged south. With shifting guerrilla
tactics by the SPLA and the Government's arming of ethnic
militias to combat the SPLA, law and order have broken down in
large areas of the south. Bandits and cattle raiders operate
openly alongside government and SPLA forces in southern
Kordofan, eastern Equatoria, central Equatoria north of Juba,
and along the border with Uganda.

Against this civil strife, and against a continuing burden of
1 million refugees, the economy continued its slide in 1986
with a further drop in export earnings, an inflation rate as
high as 50 percent, high unemployment, and a large and growing
($10 billion) foreign debt. On the other hand, after 3 years
of drought and famine, Sudan enjoyed its largest grain harvest
ever. But the fighting in the south raised the spectre of
starvation there, with hundreds of thousands at risk. After
the SPLA shot down a civilian aircraft in August, killing all
63 people on board, further SPLA threats against air traffic
in the south hindered international efforts to provide famine
relief. In turn, the Government refused to allow relief
shipments to civilians in rebel-held areas Both sides used
famine as a political weapon, while efforts to negotiate a
peace accord reached a stalemate.

Sudan has made considerable progress toward restoring human
rights since the Nimeiri regime was overthrown. The
transitional Constitution of October 10, 1985 remains in
effect. All political forces, including the SPLM, have
indicated they look to a projected constitutional conference
as their opportunity to establish a new, democratic
constitution as the basis for Sudan's future. No statistics
are available on abuses in the war zones, but the migration of
people out of these areas and their chilling reports imply
widespread disregard for human life and basic human rights by
all parties active there.

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

During the election campaign in March and April, two southern
candidates were murdered, Joseph Kabulu in eastern Ecjuatoria
and Morris Abal Servino in western Bahr al Ghazal.
Investigations tend to point to political rivals, but no one
has been brought to trial in either case.

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SUDAN

Reports from a variety of sources suggest that in southern
Kordofan ethnic violence and lawlessness increased during
1986. Dinka communities, for example, report raids in which
Messariya Arab nomads burned houses, stole cattle, raped
women, and abducted young people for use as slaves.
Independent confirmation is difficult, but petitions and
police reports from communities in the area show a serious
breakdown of security. Stories of less serious incidents
circulate about other areas in the south where armed militias
have used their power against civilians. In the course of
this increased lawlessness, there have been numerous
casualties, both civilian and military. In late December, the
Sudanese Government announced that its soldiers had shot dead
22 wounded SPLA captives. The Government tried to portray
this as euthanasia, but it probably constitutes a
contravention of international law.

b. Disappearance

There were no known abductions by Sudanese Government
agencies, but the SPLA kidnaped a German relief worker in
January, a Norwegian missionary in March, and two American
nuns in July. All four were released unharmed. The SPLA has
also been accused of abducting 41 Messariya Arab tribesmen in
southern Kordofan in September, one of the nomadic groups
which the Government has been arming.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

A major objective of the SPLA is the removal of the Shari'a
laws. While they are still officially in force, the "hadd"
punishments of the Islamic "September laws" of former
President Nimeiri, including amputations and hanging, have not
been applied since April 1985 when Nimeiri was overthrown.
The Chief Justice and the Supreme Council (the five member
body that serves as the Head of State) must both sign
authorizations for "hadd" punishments. Neither the Council
nor the transition Government signed any such authorizations.
Flogging does occur, but less frequently and less severely
than during the period prior to the 1985 change of government.

Cases of torture are rare, but police treatment of persons
under arrest reportedly is sometimes brutal. One known case
was reported from southern Kordofan where a Nuban Anglican
priest. Father Jebrayil Tutu, was arrested by local
authorities in Kadugli in May 1985 on suspicion of aiding the
SPLA. Although formal charges were never brought against him,
he was tortured under qijestioning: his hands were tied so
tightly that he has lost their use, and his legs were bound to
an exhaust pipe while he was left outside in the sun all day;
he is still recovering from severe burns. In general, prison
conditions are poor, due largely to Sudan's poverty, and local
treatment of prisoners varies considerably, from shackling
prisoners to allowing them to go home at night.

Little information is available on the treatment of prisoners
of war in the southern conflict. Neither side admits to
holding prisoners, although there was a rare publicized
exchange in August outside the southern town of Wau . It is
reportedly SPLA policy to induce prisoners to join the SPLA,
plying them with propaganda about the movement . According to
a variety of sources, the SPLA has generally released
prisoners it takes. In the case of the highly publicized

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SUDAN

kidnapings of expatriates, the SPLA eventually released them,
and there were no reports of ill treatment. On the other
hand, southerners claim that government troops torture SPLA
captives or people suspected of being SPLA sympathizers in
order to get information.

d. Arbitrary Arrest, Detention, or Exile

In 1986 the Government released or put on trial for specific
charges the last of the political prisoners from the former
Nimeiri regime and those detained under the transitional
Government. On January 1, Independence Day, 119 prisoners
were released nationwide. While the national record is
commendable, the situation in the south has deteriorated.

The extent of arbitrary arrest in the south is not well
documented, but such arrests are reportedly used at the local
level in all three regions to control collusion with the rebel
SFLA. In October Khartoum newspapers reported a list of 29
government officials detained in Malakal for allegedly
sympathizing with the SPLA. Other sources confirm that
persons on the list are being held without charge. Although
some detainees have been permitted to see visitors, the exact
number of detainees is not known; one estimate is more than
60. Similar detentions may also occur in other areas of the
south, but the state of communications between north and south
has been reduced to rumor and a few radio links. North of
Malakal, there is no specific evidence of arbitrary arrest and
detention.

Sudan's code of criminal procedure, modeled after British law,
requires a warrant by a competent magistrate for arrest;
arrests made at the scene of a crime must be followed by a
statement of charges within a specific period of time. The
accused must be informed of the charges against him and
permitted legal counsel. Only certain capital offenses do not
permit bail. However, Sudan's legal system includes measures
under the state of emergency, still in effect although not
enforced, which give wide powers of arrest and preventive
detention to the Government. Technically, these could be
invoked at any time.

There were no known cases of involuntary exile in 1986, nor of
forced labor.

e. Denial of Fair Public Trial

The judicial process involves a police or magistrate
investigation, a field report, an arrest warrant, the arrest,
and a trial before a panel of three judges. Trials are public
except in rare cases where the accused requests a closed
trial, for example to avoid scandal. Defendants have the
right to present evidence, speak on their own behalf, and to
obtain legal representation. There are legal aid services for
the poor, but their resources are limited; the Attorney
General's office tries to apportion the aid to those facing
serious charges who are most in need. A case may be appealed
through the full series of courts from the magistrate level to
the High Court of Appeals.

The appointment of judges is now made by a committee within
the judiciary, generally considered independent of political
forces. One case of a judge in Equator ia being dismissed in
late 1985 by the regional administration for making political

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SUDAN

judgments sympathetic to the SPLA was taken through the
appeals process in 1986 on the grounds that the local
government did not legally have the authority to dismiss the
judge. Several Equator ian judges supported the case by going
on strike from September 1985 to March 1986. The case was
resolved by two of the striking judges being dismissed, the
regional head of the court of appeals transferred to Malakal,
and the judge who was originally dismissed being sent to serve
in Khartoum's traffic court.

The trials of former Nimeiri officials continued in 1986, most
notably the "Falasha" trial of Omer al Tayeb, Nimeiri 's Vice
President and head of his secret police, for participation in
the airlift of Ethiopian Jews to Israel in 1985. These trials
were technically conducted under Nimeiri 's National Security
Act (1973), which permits special courts for security
offenses. However, the transitional Government chose to press
criminal charges and the procedures have followed those of the
standard courts. Omer al Tayeb was sentenced to 20 years in
prison and fined for abuse of power, intimidation, blackmail,
agitation, and bribery. For the Falasha airlift itself, al
Tayeb received two sentences of life imprisonment for ordering
state security to work for a foreign power and for endangering
the independence of Sudan, and a fine equivalent to $6 million
for obtaining wealth illegally.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no complaints of governmental interference with the
privacy of ordinary Sudanese citizens. Refugees, however,
have been rounded up in Khartoum and either detained or fined
for not having their documents with them.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government actively affirms freedom of speech and the
press, although there are still restrictions on freedom of
assembly (see Section 2.b.). During the first free election
campaign in 17 years in April 1986, there was widespread
expression of opinion by over 40 political parties and a
still-growing number of independent and party newspapers. The
Government closed its two major daily newspapers in August
while debating whether it should own newspapers in a
democratic society.

The transitional Government approved new regulations to ensure
the independence from strict government control, of Sudan
Radio and Television Corporation and the Sudan News Agency.
The new Government has not implemented these regulations, but
apparently the Sudanese News Agency (SUNA) , Sudan Radio, and
Sudan Television have attempted to be nonpartisan,
independent, and neutral.

Subtle curbs, however, do exist on freedom of expression.
After the August incident in which the SPLA shot down a
civilian airliner, the Prime Minister went on record saying
that further contact with the SPLA would be considered
treasonous, as would publications sympathetic to the SPLA. An
article by a professor at the University of Khartoum was
subsequently rejected by a major daily newspaper on that
ground. Several editions of the southern newspaper Nile Star

66-986 0-87-11

312

SUDAN

published in Equatoria have been destroyed by local officials
to prevent its distribution. Elsewhere in the south, pressure
comes from military and government officials to silence
opposition opinion.

Due to the escalation of war in the south, the Government has
taken over the private radio of the Sudan Council of Churches
(sec) in Malakal and Wau and other radio links to Khartoum.
In Wau, the SCC radio is released for SCC use in the morning
but commandeered by the Government for the rest of the day.
In Malakal, local security officials control the radio,
although they have permitted SCC to use it in their presence.

For lack of money, the Sudanese Government has dropped
subscriptions to all Western news services, except for Agence
France Presse.

b. Freedom of Peaceful Assembly and Association

Sudan's new democratic Government has not yet lifted the state
of emergency declared by ex-President Nimeiri, giving the
Government wide control over public assembly. Although the
Government has refrained from invoking most emergency powers,
permits are required for large political meetings and
demonstrations. Permits have been denied for some potentially
controversial events such as anti-SPLA marches or
demonstrations by radical university students.

The transitional Constitution of 1985, still in effect,
guarantees the rights of workers to organize and bargain
collectively. The primary labor organizations are the
Sudanese Workers Trade Union Federation (SWTUF), the Sudanese
Federation of Employees Trade Unions (SFETU), and the Trade
Unions Alliance, representing respectively blue collar,
nonprofessional white collar, and professional white collar
unions. Trade unions from all parts of the country are
represented in these federations. The Sudanese labor union
movement played an active role in the overthrow of Nimeiri in
1985 and the formation of the transitional Government leading
to elections in 1986. The SWTUF continues to participate in
both regional and international labor activities.

Strikes are legal except within the judiciary, the armed
forces, and police, and they have been held without
repression. Some have been declared "illegal strikes" when
the process of negotiations and arbitration was not allowed to
run its course before the strike (legal only as a measure of
last resort) was called.

c. Freedom of Religion

Islam predominates in the northern two-thirds of Sudan, while
traditional African religions and Christianity are the major
beliefs in the south. Small Christian (Coptic, Greek, Syrian,
Armenian) and minuscule Jewish communities exist in the north,
primarily in Khartoum. Non-Muslim southerners have migrated
to ngrthern cities in increasing numbers in search of work or
to escape the famine in the south, swelling the congregations
of the Roman Catholic and Protestant churches there. Both
Islam and Christianity are recognized as religions of Sudan,
but adherents to other religious beliefs are not legally
restricted .

313

SUDAN

The current coalition partners of the Government, the Umma
Party and the Democratic Unionist Party (DUP), are based in
the Ansar and Khatmiyya Islamic orders respectively. The
opposition National Islamic Front (NIF) is composed of
fundamentalist Muslims. The transitional Constitution now in
effect retains Islamic law and custom as the main source of
legislation, and most southerners oppose it as inherently
discriminatory against them. A perennial major issue of
debate in the Constituent Assembly remains proposed amendments
to the Constitution which redefine but retain Islamic law as
its basis. The NIF advocates retaining strict Islamic law,
while the Umma and DUP may accept some recognition of
Christianity and other religions as sources of legislation in
addition to Islam. Southern deputies and the SPLM advocate
return to a secular constitution.

While both Muslim and Christian missionaries are active in
Sudan, Christians claim that they may not preach to Muslims;
three people were reportedly arrested in Dongola, northern
Sudan, this year for doing so. Christian denominations have
not been granted building permits for new churches for many
years in contrast to the numerous mosques being constructed in
both the north and the south. Although their congregations
are growing rapidly, the Khartoum Christian churches have been
confined to the buildings constructed during colonial times or
to preaching outdoors, which requires an assembly permit.
Christian groups have also had difficulty obtaining required
permits for conducting relief work among displaced southerners
in the northern cities.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within Sudan has been effectively
restricted by the expansion of the war in the south. The
SPLA's shooting down of a civilian airliner in August halted
traffic to southern airports for 2 months. Continuing SPLA
threats to shoot down either civilian or military planes
inhibited the airlift of relief supplies to the cities in risk
of starvation, particularly Wau and Malakal. Rail and river
transport were halted, and road transport severely affected,
by rebel activity in most areas of the south.

Thousands of southerners have begun fleeing north to escape
the war. Their resettlement in northern towns has not been
restricted, but provisions exist which could be invoked at any
time for moving destitutes out of the cities and removing
shanty towns.

Sudan has welcomed approximately 1 million refugees and
drought victims from Ethiopia, Uganda, and Chad, but they face
increasing resentment from local populations which have few
resources to share with them. For refugees, movement within
Sudan requires specific documentation. It is becoming more
difficult for Ethiopian refugees to leave the eastern
settlements to work in the cities. Technically, in order to
travel they must first obtain a work permit which is given for
holding a specific job, not for finding work. Recently
policies have been proposed for forced resettlement of
refugees in rural areas and for the resettlement of Ugandan
refugees away from the border .

Over 500 Ethiopian refugees were expelled by Sudanese Refugee
Commission officials in July. They were returned to the

314

SUDAN

Ethiopian border after they were refused refugee status in
Sudan. United Nations High Commissioner for Refugees
officials were only informed of these involuntary
repatriations after the fact.

Sudan requires exit visas for anyone leaving the country.
This requirement can be used to restrict individuals from
foreign travel: for example, unmarried women cannot travel
alone and must be accompanied by a family member or other
sponsor. Exceptions are possible but are infrequently
granted.

Section 3 Respect for Political Rights: the Right of Citizens
to Change Their Government

Sudan held free and fair elections in April 1986 for the first
time since 1968. A broad spectrum of parties participated in
these elections ranging from the Communists to the
fundamentalist National Islamic Front (NIF), and many parties
in the political center. A coalition Government formed in May
includes the Umma, Democratic Unionist Party (DUP), and four
small southern parties, with the NIF and the communists in the
opposition. A five-member Supreme Council, with two Umma, two
DUP, and one southern member, constitutes the collective Head
of State. Division of power among the Constituent Assembly,
the Council of Ministers, and the Supreme Council is broadly
based on the transitional Constitution; but specific areas of
authority have been gradually defined in practice, with the
Council of Ministers, particularly the Prime Minister,
controlling key decisions such as economic, defense, and
foreign policy.

Thirty-seven of 68 seats representing southern constituencies
(of a national total of 301) remain unfilled in the National
Assembly. Elections were not conducted in those districts due
to security concerns related to the war. Even in the southern
districts where elections did take place, the number of voters
was small in relation to the population; southerners are thus
heavily underrepresented in the current Government.

There are only two women deputies in the National Assembly,
and there are no women serving in the Cabinet or in other high
office. There is one woman judge on the Court of Appeals.
Women and men did have equal voting rights in the April
elections .

A national constitutional conference has been under discussion
since the time of the transitional Government. The newly
elected Government created a special ministry to oversee the
convening of this conference, but no fixed date or
arrangements have been set. Sudanese of different parties
hold different views of the conference. Some see it as a
foriam for peace negotiations with the SPLM; others as a more
technical body to draft specific articles for a new
constitution. Most charge the conference with establishing
the basis of Sudan's government, whether it should have a
federal system, the status of Islamic law, and resolving other
central issues of national debate. One of the key issues will
be regional autonomy. It was a 1983 decree by Nimeiri
dividing the south into three regions, thereby abrogating the
1972 Addis Ababa accords, that greatly revived southern
opposition and military insurgency. Until these issues are
resolved, Sudan will continue under the transitional

315

SUDAN

Constitution, which contains a certain ambiguity about the
division of duties within the national Government and between
the national Government and the regions.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The new democratic Government of Sudan has advocated a return
to observance of human rights after the autocratic rule of
Nimeiri. The Government has been receptive to investigations
by international human rights organizations including Amnesty
International, The International Commission of Jurists, and
the Arab Human Rights Organization. Sudan ratified the
Organization of African Unity Human and Peoples' Rights
Charter in March 1986. Khartoum was the site of the Arab Bar
Association's conference on human rights in the Arab world in
December 1986 in recognition of the role played by the
Sudanese people in toppling authoritarian rule.

Sudan's Human Rights Organization, founded in 1985, has a
growing membership under the direction of an executive
committee and a trusteeship council of lawyers and academics,
and has received grants from abroad. Its campaigns have
concentrated on international issues, specifically a campaign
for the release of Nelson Mandela and another for the release
of Somali prisoners. There is debate within the organization
over the utility and timing of future campaigns for local
human rights issues, particularly in the south.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Sudan's population of 21.1 million (1984) is composed of two
distinct cultures — Arab and black African. (There are also
small communities of Greeks, Armenians, Syrians, and Copts.)
Sudanese, especially those in the periphery, recognize and
resent the Government's emphasis on central and northern
Sudan, where the population is most fully Arabized.
Historically, all of Sudan's governments have featured
political and economic domination by northern Muslims
(approximately 13 million), and, within this group, of a few
prominent families. Two of these families lead the Umma and
Democratic Unionist parties which form the core of the current
coalition Government. Non-Arab and non-Muslim groups in the
ethnically diverse south and among the Nuba of the Kordofan
Mountains and partially Arabized Muslim groups, such as the
Fur in the west and the Beja in the east, have begun
mobilizing to demand a greater share of the nation's economic
development and political power.

Southerners coming north looking for work or to escape the war
face social discrimination by the Muslim Arab majority. Rents
may be artificially raised to keep southerners or refugees
from residing in certain areas. Southern students, unable to
attend schools in the war zones, have had difficulty finding
places in the northern schools. This is partly due to
overcrowded conditions, but some of those who were placed in
secondary schools left voluntarily because they were so badly
treated by the local population.

While men and women retain traditionally segregated roles
within Sudanese society, a few women play an active role in
the professions, the press, and higher education, and they

316

SUDAN

attend national and international forums. Separate
educational facilities for males and females are the rule,
however. Female circumcision, although illegal, is widely
practiced throughout northern Sudan. Efforts to eradicate it
have failed so far, despite significant concern among educated
women .

CONDITIONS OF LABOR

In the modern sector, Sudanese labor law and practice embrace
international standards. The workweek is limited to 6 days
and 48 hours, with a full 24-hour rest period. Custom grants
an extra month's pay for each year's labor, as well as
allowances for transportation and sometimes for housing.
Prescribed minimum wages for blue collar workers are $32 per
month and for white collar workers $96 per month. Annual
raises must be a minimum of 5 percent of annual salary. The
salary scale for industries sets a higher minimum wage than
that for government workers. Under Sudanese law, the minimum
age for workers is 16. All workers, including domestic
servants, enjoy paid annual holidays prescribed by law.
Sudanese labor law also prescribes health and safety
standards, but in a country where the general standards are so
low, conditions are poor and enforcement of standards is
virtually nonexistent. Many Sudanese youth are self-employed
or employed in family enterprises.

317

U.S. OVERSEAS

■L04NS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SUDAN

1934

1935

1986

I.ECON. ASSIST. -TOTAL..

LOANS

GRANTS

A. AID

LOANS ,

GRANTS ,

(SHCSU"?. ASSIST.) ..,
B.rOOO FOR PEACE.. .. ..,

LOANS ,

GRANTS ,

TITLE I-TOTAL

REPAY. IM $-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL ,

c. RELIEF. EC. DEV 3 WFP,

VOL. RELIEF AGENCY

C.OTHER E:oN. ASSIST..,

LOANS

GRANTS ,

PEa:£ CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A.^1AP GRANTS ,

3. CREDIT FINANCING.,
:.INTL MIL. ED.TRNG. .
D.TRAN-EXCESS STOCK,
= . OTHER GRANTS

III. TOTAL ECON. i MIL,

LOANS ,

GRANTS

197.5

303.6

71.2

50.0

64.5

0.0

U7.5

239.1

71.2

146.3

149.3

71.2

0.0

146.3

149.3

71.2

120.0

114.0

10.0

51.1

154.3

0.0

50.0

64.5

0.0

1.1

89.8

0.0

50.0

64.5

0.0

50.0

64.5

0.0

1.1

89.8

0.0

1.1

89.4

0.0

0.4

0.0

0.1

D.O

0.0

0.1

0.0

0.1

D.O

0.0

O.D

0.0

46.5

46.4

17.0

O.D

3.0

0.0

46.5

46.4

17.0

45.0

16.1

0.0

1.5

1.4

0.9

0.0

244.0

350.0

88.2

50.0

64.5

0.0

194.0

2 3 5.5

88.2

OTHPR US LOANS 0.0

0.0 0.0

E<-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-36

TOTAL

92.9

76.9

62.6

1411.1

IBRD

D.O

0.0

d.o

159.2

IFC

0.0

33.2

lOA

91.4

37.5

62.6

972.4

103

0.0

6.0

A03

0.0

AFOB

D.O

38.1

0.0

115.9

UNDP

1.5

1 .3

■ 0.0

85.5

OTHER-UN

0.0

43.9

EEC

0.0

318

SWAZILAND

Swaziland is populated almost entirely by ethnic Swazis and
governed as a modified traditional monarchy. The King rules
in conjunction with the Queen Mother and is advised by
traditional figures and the ministers of the Cabinet.
Following King Sobhuza's death in 1982, there were disputes
within the royal family which resulted in the replacement of
the Prime Minister and the Queen Regent. The interregnum
ended with the accession of Mswati III on April 25, 1986.

Swaziland's Government features both "modern" and
"traditional" branches — a cabinet, parliament, and courts
which follow Western law, and a tribal hierarchy with
"national" courts which follow Swazi law and custom. The
Cabinet is appointed by and is responsible to the Monarch.
The 1968 constitution containing a bill of rights was repealed
by King Sobhuza II in 1973 on the grounds that it introduced
political practices which were incompatible with the Swazi
tradition of decisionmaking by consensus. Parliament reopened
in 1979 with some members chosen through an indirect process,
but the King remained vested with executive authority.

National defense is provided by the Umbufto Swaziland Defense
Force, consisting of fewer than 3,000 troops. The Royal Swazi
Police is the primary internal security force. These forces
are not able to cope with the spillover from the growing
southern African regional conflict. Both African National
Congress (ANC) militants and South African security forces
created difficulties in 1986, the former attempting to use
Swaziland as a base, the latter entering Swaziland to attack
the ANC.

Swaziland has an open market economy with large export firms
that are freguently foreign owned. The Government encourages
the growth of a modern, free economic sector which tends to
reward initiative on a nondiscriminatory basis. Traditional,
subsistence farming employs about 80 percent of the population,

Human rights are generally respected in Swaziland. Although
Swazi custom discourages public dissent against the
Government, the crown's authority is limited by a complex
system of traditional rights and responsibilities. The
peaceful transfer of power represented by the King's
accession, the release of the last political prisoners at the
end of 1985, and the scrupulously conducted trials of two
previously powerful figures in 1986 were positive developments.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports or allegations of political killings by
agents of the Government. However, there were several
incidents perpetrated by South African forces entering
Swaziland illegally in June and December and striking at
alleged ANC targets. On December 12, raiders from South
Africa entered the country in apparent pursuit of ANC
elements. In the process, they seized one man (subsequently
returned with informal apologies) and shot his teenaged son.
They also seized four other people; one was reported killed in
the operation, two (Swiss nationals) were returned to

319

SWAZILAND

Swaziland, and one reportedly remains in South African
custody. Such illegal entry by South African forces is beyond
the ability of Swaziland's small security forces to control.

b. Disappearance

There was one report of a disappearance. On June 26, a rural
police station holding an ANC activist, Sidney Msibi, was
raided by a group reportedly coming from South Africa. Msibi
was apparently taken into South Africa, and there has been no
further report of him.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is, as a rule, not practiced in Swaziland. However,
there were some reports of police threats and beatings in the
handling of common criminals and suspects. Defendants often
charge that confessions have been extorted by the police,
especially in trials dealing with ritual murder. These
charges by the defense are sometimes found to be substantiated
by the judges. Caning is occasionally administered to youths
involved in either petty or violent crimes. Prisons are often
overcrowded and unsanitary with low nutritional standards for
the prisoners, a condition which probably reflects the
country's economic limitations rather than any intent to
inflict punishment. Prisoners are allowed visits from family
members, and the main prison includes facilities for teaching
manual trades.

d. Arbitrary Arrest, Detention, or Exile

Swazi law requires warrants for arrests in all but certain
exceptional circumstances. These exceptions, however, are
poorly defined and, in practice, police who have strong
suspicions about a suspect do not normally seek a warrant.
The police are allowed to hold a person for a "reasonable
time" without charge. In some cases, this has led to persons
being detained without charge for up to several weeks. Such
detainees are allowed to consult with a lawyer of their own
choosing, though some attorneys have had difficulty gaining
access. Provision for bail exists.

A 1978 detention law permits the Government to detain any
person without charge for renewable periods of 60 days; this
law is not often invoked, but has been used to detain
political prisoners without charge, most recently in 1985.
Detention under this law is not subject to appeal to the
courts, though it may be appealed directly to the Monarch. In
some instances, detainees have been held incommunicado under
this law. There was no evidence of political detainees being
deliberately held without charge in 1986.

Forced labor does not exist in Swaziland.

e. Denial of Fair Public Trial

The right to a fair public trial is provided for by law and is
honored in practice, although the court president can order a
trial to be held in camera in certain (e.g., rape) cases. The
Prime Minister can also recjuire that a trial be held in
private, but this is very rare and has not been done for
several years. The modern judiciary consists of a Court of
Appeals, a High Court, and various subordinate magistrates'

320

SWAZILAND

courts and is independent of executive and military control.
Many members of the judiciary are not Swazis but are appointed
from the bars of other countries with compatible legal
systems. The Chief Justice, for example, is currently an
Englishman. In magistrates' courts, the defendant is entitled
to counsel at his own expense. Court-appointed counsel is
provided in capital cases or where difficult points of law are
at issue. There are well defined appeal procedures up to the
Court of Appeals, the highest judicial body.

The right of appeal, which normally applies in criminal/civil
cases, is not guaranteed to persons held under the 1978
detention law or to those persons charged with sedition.
Although legislation passed in 1983 would allow sedition cases
to be held in camera, no one has yet been tried under that
measure. Since the release of five prisoners in December
1985, there have been no political prisoners in Swaziland.

In traditional courts, where ethnic Swazis may be brought for
relatively minor offenses and violations of Swazi traditional
laws or customs, legal counsel is not allowed, but defendants
may speak in their own behalf. Swazi traditional law has not
been formally codified. Both offenses and punishments are
limited, and findings are subject to a review system and
appeal to the High Court and Court of Appeals. Accused
persons who desire counsel can insist that their case be
transferred from the traditional courts.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Swazi custom places a high value on home and family. In
general, Swazi law requires a warrant issued by a magistrate
before police may search homes or other premises. However,
senior police officers are permitted to search for evidence
without a warrant if the suspected crime is of a serious
nature. This exception is frequently used. There is no
evidence that the Government censors correspondence or commits
other violations of the sanctity of the home. Nor are there
efforts by the State to intrude into the private beliefs of
the individual.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech is limited. The Prime Minister and other
officials have repeatedly directed that Swazis critical of the
Government express their views only to their chiefs for
discussion in traditional Swazi councils. Academic freedom
does not extend to permitting direct attacks on government
figures or policy. Antigovernment demonstrations or leaflets
are regarded as seditious. Swazi radio and television
stations are government controlled, and there is also a
semiofficial newspaper. Private companies publish several
newspapers and magazines. The media, both government-
controlled and private, practice self-censorship, refraining
from critical comment on government activities or on
controversial issues involving the royal family. On several
occasions in 1986, editors were directly cautioned by
officials to avoid certain subjects. The Government has
occasionally proscribed publications, including foreign
publications, deemed to be prejudicial to the interests of
defense, public safety, or public health. Two major South

321

SWAZILAND

African publications, banned in 1985 from Swaziland because of
critical articles on Swazi domestic politics, remain excluded.

b. Freedom of Peaceful Assembly and Association

The King's proclamation of April 12, 1973, prohibits meetings
of a political nature and processions or demonstrations in any
public place without the consent, sometimes withheld, of the
Commissioner of Police. In practice, however, no permit is
required for most gatherings. Except for the prohibition of
certain antigovernment activity, freedom of association is
generally permitted. Trade associations and professional
bodies exist in Swaziland and maintain relations with
recognized international bodies in their fields.

The Industrial Relations Act (IDA) of 1980 reaffirms the right
of trade unions to exist, organize, and associate freely. It
also provides for an Industrial Court for the settlement of
disputes arising from employment. A High Court judge presides
over the Court. The Industrial Court is empowered to hear and
determine trade disputes and grievances, to register
collective agreements, to hear and determine matters relating
to collective agreements, and to enjoin any organization from
striking or continuing to strike.

Strikes are rare in Swaziland and are generally considered to
be "unSwazi" by the Government and most of the population.
The Government generally intervenes beforehand to reduce the
likelihood of a strike, which cannot be legally called until
all avenues of negotiation have been exhausted. The Labor
Commission can then issue a 14-day postponement which can be
extended when additional documentation is presented. Where
the national interest or welfare is concerned, the Minister of
Labor can forbid a strike or can refer the dispute to the
Industrial Court.

Trade unions have widened the scope of their activities since
1981 but, since most Swazis are subsistence farmers, they play
a small role in the economy and have little political
influence. They are able, within limits, to operate
independently of government or political control. One notable
exception occurred in January 1986, when the Government
refused to allow an international congress of trade unionists
scheduled to meet in Swaziland to take place, reportedly
because invitations were sent out to international
representatives without first obtaining clearance from the
Government. The Swaziland Federation of Trade Unions, the
union umbrella organization, participates in the International
Labor Organization and is a member of the Organization for
African Trade Union Unity.

c. Freedom of Religion

Swaziland is traditionally hospitable to all religious
beliefs, informally considers itself to be a Christian
country, and permits a wide variety of foreign missionary
activity. Organized religions are free to establish places of
worship and train clergy. No licenses are required for such
organizations or in order to publish religious texts, nor are
there any bars to religious travel outside the country. At
the same time, the authorities promote the observance of Swazi
customs, where adherents reap an advantage in public life.
When these customs conflict with religious beliefs, there are
occasional difficulties. In the past, for example, the

322

SWAZILAND

Government has objected that pastoral letters criticizing
social injustice constituted political interference. However,
no such instances occurred in 1986.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Swazis may travel and work freely within Swaziland. Those who
have left the country may freely return, and citizenship is
not revoked for political reasons. Swazis generally can
obtain a travel document to travel to some states in southern
Africa, but the Government occasionally refuses to issue a
passport if the applicant does not appear to have adequate
means of support while abroad. Citizenship for nonethnic
Swazis can be difficult to establish, creating problems in
obtaining passports and other civil documents. Swaziland is a
signatory to the U.N. Protocol Relating to the Status of
Refugees, and treats displaced persons from neighboring
countries well. By far the largest number of refugees is the
7,000 primarily ethnic Swazis from South Africa who fled Zulu
administration in the black South African homeland of Kwazulu.

In recent years, a large number of Mozambicans have entered
Swaziland illegally to escape the drought and the escalating
civil conflict in Mozambique and to seek employment. By the
end of 1986, Swaziland had granted first asylum to 5,500
Mozambican refugees. In most cases, Swaziland permits the
UNHCR to interview the asylum-seeker first and grants asylum
if the person can argue convincingly that he or she will face
persecution if repatriated. In some cases, apprehended
illegal Mozambicans are deported. Refugees who leave
Swaziland on U.N. travel documents (e.g. for study abroad) are
sometimes not allowed to return.

As in previous years, in 1986 Swazi police arrested a number
of non-Swazi ANC activists. They were turned over to the
local UNHCR representative for transfer to neighboring
countries (primarily Tanzania) willing to receive them.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Swaziland is ruled by the King-in-Council . This means that
ultimate decisions concerning matters such as political
policy, the appointment of ministers, or issuance of decrees
are made by the Monarch after obtaining the advice of senior
members of the royal family, the senior chiefs, the Cabinet,
and members of Parliament. This consultation takes place in
private, and public debate of political matters under
consideration by the Monarch is rare. Legislation is passed
by the Parliament and is then submitted to the Monarch for
assent — which may be withheld. While political power is not
confined to the royal family, it is concentrated there. This
system is essentially a version of the traditional Swazi form
of government as modified during the long reign of King
Sobhuza II. It provides for extensive consultation and
depends on slow consensus building. The system does not
exclude white or mixed-race Swazis, but it does place a
premium on ethnic-Swazi descent and especially on royal or
other traditionally prized connections. The second most
powerful person in the kingdom is traditionally the Queen
Mother, and other women play prominent roles as well.

323

SWAZILAND

Political parties are outlawed, and an organized political
opposition to the Government in the sense of a multiparty
system does not exist. Members of Parliament (50 in the House
of Assembly and 20 in the Senate) are chosen in an intricate
manner involving the interactions of 40 regional councils, 80
electors, and the Monarch's appointive powers. The Parliament
has served occasionally as a forum for examination and
criticism of government policies, but matters are seldom
pressed to a vote and, when they are, unanimity is usually the
result. One of the ministers is a nonethnic Swazi, as are a
number of members of Parliament. Several women are also
members of Parliament. The Crown does not descend by
primogeniture. After the death of the King, the heir to the
throne is chosen from among the King's surviving sons by
senior members of the royal family.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Swaziland does not play a prominent role in international
human rights matters. There is no public indication that the
Government was queried in 1986 by representatives of human
rights groups concerning its human rights practices. However,
in 1985 Amnesty International made several appeals to the
Government for the release of five prominent political
detainees, all of whom were eventually released on December
31, 1985. There are no organizations based within the country
whose purpose is primarily to observe, report, or contest
human rights violations, but the bishops of the Anglican and
Roman Catholic churches circulated a joint pastoral letter in
1985 which discussed human rights violations, including the
case of the five political detainees.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Unique Swazi governmental and social traditions unavoidably
create differences between ethnic and nonethnic Swazis. For
example, ethnic Swazis from South Africa seeking political
refuge in Swaziland are treated very much like Swazi citizens
and are promptly given work permits. Those who are not ethnic
Swazis are treated more as foreigners and permits for others
are given more reluctantly. Nevertheless, the Kingdom makes a
special effort to welcome the full participation of nonethnic
Swazis in its life. A significant expatriate community
exists, especially concentrated in the business and missionary
areas. The population's needs and aspirations are met on a
generally nondiscriminatory basis.

Traditional values are a major influence on the role of women
in Swazi society. Since men are away from their homesteads
much of the time, women perform most agricultural tasks and
have responsibility for virtually all child rearing and
domestic chores. However, they are not given authority to
make family decisions, and, in some cases, are not legally
equal to men. A married woman, unless her position has been
defined by a prenuptial agreement, is virtually a minor under
the law. She is not responsible for contracts she signs, and
she cannot hold real estate or inherited property in her own
name. She must normally obtain her husband's permission to
borrow money, to leave the country, and, in some cases, to
take a job. A woman divorced in a traditional court has no

324

SWAZILAND

right to the legal custody of her children, although she may
have to care for them with no support from their father. In
the modern or statutory courts, the presumption of custody is
in the woman's favor and maintenance is provided.

The Employment Act of 1980 forbids employers to discriminate
among employees based on race, religion, sex, marital status,
or political affiliation. It requires equal pay for equal
work. Even so, around 75 percent of all wage-paying jobs are
held by men and their average wage rate by skill category is
higher than for women. However, women have equal access to
schools and constitute around half the student body in nearly
all institutions. There has been a significant increase in
the number of women who are lawyers, medical doctors, and
members of in other professions.

CONDITIONS OF LABOR

There is extensive legislation, notably in the Employment Act
of 1980, protecting worker health and safety in Swaziland,
with child labor receiving special attention. The workweek in
the modern sector is 48 hours per week. There is no minimum
wage. The following are examples of minimum wages currently
in effect for certain job sectors based on the presumption of
a 48 hour work week: casual labor, $0.20 per hour; cementer,
$0.32 per hour: store clerk, $0.39 per hour; machine operator,
$0.42 per hour; laboratory technician, $1.42 per hour. The
Employment Act contains provisions covering the employment of
children, maternity leave, and domestic employees. No one may
employ a child below the age of 15 in an industrial
undertaking, except in cases where only family members are
employed in the firm, or in technical schools where children
are working under the supervision of a teacher or other
authorized person. Legislation limits the number of night
hours which can be worked on school days and limits such work
overall to 6 hours per day or 33 hours per week. However,
such provisions may be difficult to enforce due to the small
size of the enforcement staff.

325

U.S. OVERSEAS

■LOANS AMD GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: SWAZILAND

1934

1985

1986

[.ECON

A. AID

(S£

3.F00

TITLE

REPA

"AY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..,

OANS ,

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

op. ASSIST.).
R PEACE

OTAL

N I-LOANS

FOR. CURR

TOTAL

. EC.DEV 5 WFP,

£F AGENCY

CON. ASSIST..,

CE CORPS.
COTICS..,
ER

I1.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS

fl.MAP GRANTS

3. CREDIT FINANCING.,
C. INTL MIL.EO.TRNG. ,
D.TRAN-EXCES3 STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL.

LOANS

GRANTS ,

7.6

10.4

11.7

0.0

7.6

10.4

11.7

5.8

3.7

10.6

0.3

0.0

5.3

3.7

10.6

0.0

0.5

0.0

0.2

0.0

0.2

0.0

O.D

0.0

0.2

0.0

0.2

0.0

1.6

1.7

1.1

0,0

0.0

1.6

1.7

1.1

1 .6

1.7

1.1

0.0

O'.O

0.0

0.1

0.0

0.1

0.0

3.0

0.0

0.1

0.0

7.7

10.5

11.7

0.0

7.7

10.5

11.7

OTHER US LOANS... ,
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0
0.3

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1936

1946-36

TOTAL

16.2

18.2

5.1

181.6

IBRD

5.6

8.6

0.0

79.8

if:

0.0

4.1

5.1

17.6

IDA

0.0

7.8

103

3.0

0.0

A03

0.0

AFDB

10.0

5.3

, 0.0

42.9

UNDP

0.0

0.2

0.0

11.9

OHER-UN

0.6

0.0

2.6

EEC

0.0

19.0

326

TANZANIA

Tanzania was formed in 1964 when mainland Tanganyika united
with the newly independent island of Zanzibar. Julius K.
Nyerere served as President and chairman of the country's
single political party almost continuously from the
independence of Tanganyika in 1961 until 1985. In 1985
Nyerere voluntarily retired and sanctioned the election of Ali
Hassan Mwinyi, the former President of Zanzibar and First Vice
President of Tanzania. Nyerere, however, retains the
chairmanship of the Chama Cha Mapinduzi (CCM), the sole legal
political party. The party attempts to control activity at
all levels of society through its system of 10-family cells.
Zanzibar is ruled by the same party as the mainland but
exercises a considerable degree of autonomy.

Tanzania is one of the world's poorest countries. Its
population of 22 million, growing at 3.3 percent per year, has
an annual per capita gross domestic product of approximately
$240. In 1983 the Government accelerated the process of
economic reform which stimulated a 2.5 percent growth rate in
1984 and 1985. In 1986 the Government strengthened the reform
program, concluded a new agreement with the International
Monetary Fund, increased prices paid to farmers for their
crops, rescheduled Tanzania's foreign debt payments, and
secured increased donor support, particularly from the World
Bank.

The 1984 Zanzibar Constitution includes a bill of rights which
guarantees freedom of movement, speech, religion, and
association. The addition of a similar bill of rights in 1985
to the national Tanzanian Constitution and amendments to the
Criminal Procedure Code and Preventive Detention Act increased
public awareness of legal rights in 1986, especially in regard
to proper procedures for arrest and trial. However,
Parliament then suspended the bill of rights for 3 years. All
laws which would now be unconstitutional under the bill of
rights must be revised by March 1988. The revisions will be
made by Parliament on the basis of recommendations of the Law
Reform Commission.

Despite the progress toward implementing a bill of rights, the
Government still severely restricts freedom of speech, of the
press, and of association, including the right to strike. In
July 1986, a police field force unit opened fire on a group of
500 workers protesting wage deductions at a sugar factory in
Kilombero. Three people were killed and 20 injured by police
gunfire. The incident was the first of its kind in Tanzania
since independence and is being investigated by a government
commission. The 14 remaining suspects of the original 30
persons placed in preventive detention in 1983 during the
government inquiry into an alleged plot to overthrow the
Government were released in April 1986. Two persons who were
detained at the end of October remained in custody without
being informed of the charges against them at the end of 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

327

TANZANIA

b. Disappearance

There were no reported cases of disappearance.

c. Torture and Cruel, Inhuman or Degrading Treatment or
Punishment

The Tanzanian Government opposes torture as a matter of
policy, but it is occasionally used on an unauthorized basis
by police and prison authorities, mainly in the form of
beatings. This occurs typically either at the time of
apprehension, when a suspect is first taken to a police
station, or during the subsequent criminal investigation.
Police have shot and killed fleeing suspects. The use of such
force has been severely criticized by the government press.
Police officials have been sentenced to lengthy terms of
imprisonment for abuses of suspects and prisoners.

Tanzania's prisons are generally unsanitary and overcrowded.
Prison conditions are poor, largely as a result of Tanzania's
economic difficulties and not because of a deliberate
government effort to subject prisoners to inhumane
conditions. In 1986 the Government promoted prison training
programs and announced that it was considering initiating a
system of parole.

Mob justice also sometimes occurs in both cities and rural
areas, and in 1986 vigilantes killed several suspected bandits
and disfigured others. Traditional defense groups in central
Tanzania, the Sungu Sungu and Wasalama, which in the past were
encouraged by both government and party officials to help
eliminate cattle rustling, often use such extreme tactics
against rustlers and elderly people suspected of practicing
witchcraft .

d. Arbitrary Arrest, Detention, or Exile

The Preventive Detention Act allows, upon a written order from
the President, the arrest and indefinite detention without
bail of any person considered dangerous to the public order or
national security. In 1985 the Act was amended to require
that detainees be released within 15 days of their detention
or informed of the reason for their detention. In April 1986,
the Government released the 14 remaining suspects of the
original 30 persons, including a senior Tanzanian diplomat,
placed in preventive detention in 1983 during the inquiry into
an alleged plot to overthrow the Government. At the end of
1986, two persons who had been detained in October remained
without charges and without seeing their families. These were
the first reported long-term detentions under President
Mwinyi . Although the Act was extended to Zanzibar in 1985, no
one was known to have been detained there under its provisions
in 1986. The Court of Appeals, the highest court in Tanzania,
ruled in 1986 that time spent in prison under the Preventive
Detention Act cannot be considered to be time served if the
accused is subsequently convicted and sentenced.

The 1985 amendments to the Criminal Procedure Code, requiring
that a person arrested for a crime, other than a national
security charge under the Preventive Detention Act, be charged
before a magistrate within 24 hours, has raised public
consciousness concerning legal rights at time of arrest and
made the police more cautious about making arrests without
good cause. However, the new criminal procedure amendments

328

TANZANIA
I
also restricted the right to bail, reducing the number of
bailable offenses, limiting judges' discretion in granting
bail, and imposing strict conditions on freedom of movement
and association when bail is granted. In 1986 judges usually
followed the recommendations of prosecutors in granting or
denying bail. The legal community in Zanzibar believes that
the new amendments to the Criminal Procedure Code do not apply
to Zanzibar, and that the isles retain the less restrictive
old system of the right to bail in all cases except murder and
treason. Under the new amendments, an accused has the right
to challenge the order for arrest, and his case must be
referred to a board of review within 3 months, or he must be
released.

The Economic and Organized Crime Act of 1984, which replaced
the Economic Sabotage Act of 1983, placed persons newly
accused of economic crimes within the procedural safeguards of
normal judicial process, giving defendants the right to
attorneys and, under certain conditions, bail. Because these
cases are heard in special sessions within the court system,
it is difficult to determine the number of arrests for
economic crimes in 1986. They appear to be scattered
incidents rather than a throwback to the large numbers
arrested in 1983 and 1984. Some cases are still pending in
the special tribunal established by the Economic Sabotage Act
of 1983. These tribunals bypass normal legal procedures by
suspending rules of evidence, the right of representation, and
the right to appeal.

With regard to forced labor, the International Labor
Organization (ILO) continues to express concern over laws
requiring unemployed persons to work in communal agriculture
and development projects.

e. Denial of Fair Public Trial

Tanzania's legal system is based on the British model with
modifications to accommodate customary and Islamic law in
civil cases. Criminal trials are open to the public, and the
more controversial trials are open to the press. Criminal
defendants have the right of appeal. Military courts do not
try civilians, and there are no security courts. Defendants
in civil and military courts may appeal decisions to the High
Court. Judges are appointed by the Chief Justice except for
those of the High Court and the Court of Appeals, who are
appointed by the President. While an independent judiciary is
constitutionally mandated, some members of the legal
community, including judicial officers, have complained that
the legal system is being corrupted through bribery. No
evidence has been presented of corruption in the Court of
Appeals, however, but police and court officials are often
bribed to delay the process of investigation and trials.
Although the 1985 amendments to the Criminal Procedure Code
were supposed to lessen court congestion, in 1986 it was
taking from 3 to 4 years for an average case to come to
trial. The Government provides legal counsel to those charged
with treason and murder. In Dar Es Salaam, the Tanzania Bar
Association and the Legal Aid Society offer legal service to
indigents, but their resources are severely strained, and most
indigents do not in fact receive legal representation.

Under the 1984 Zanzibar Constitution, the people's courts,
which did not provide defendants the right of legal
representation, were abolished. The island's court system now

329

TANZANIA

parallels the legal system of the United Republic of Tanzania
but retains Islamic courts to handle Moslem family cases such
as divorce, child custody, and inheritance. Cases concerning
Zanzibar constitutional issues are heard only in Zanzibar's
courts. Beginning in 1985, all other cases may be appealed to
the Court of Appeals of the United Republic of Tanzania. One
or two such appeals were heard in 1986.

In 1986 the nine defendants sentenced to life imprisonment in
a 1985 treason trial were waiting for their appeal to be
heard. At the end of 1986, five persons arrested for
assisting in the escape of two of the original defendants were
awaiting trial .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Although party membership is voluntary, the Government uses
the party structure to intervene in the private lives of its
citizens. The Chama Cha Mapinduzi has party cadres covering
the smallest units of society. Individual cells vary in size
from single family homes to large apartment buildings, and may
contain from 10 to several hundred individuals. Unpaid
"10-cell" leaders are the party officials responsible for
resolving problems at the grassroots level and reporting any
suspicious behavior or event within their neighborhoods to
authorities .

In 1986 police were criticized for forced entry into private
homes while engaged in searches for tax evaders and
contraband. Various ordinances allow the removal of
"undesirable " or destitute persons from one area to their
prior place of residence or origin if no work is found for
them. Groups of unemployed persons were rounded up on the
streets of Dar es Salaam under these ordinances. The city of
Dar es Salaam started a Human Resources Department to assist
the urban unemployed in finding productive work rather than
return them to the rural areas at government expense.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press is guaranteed under the
Constitution but is limited in practice. Tanzanian citizens
show few inhibitions about criticizing the system in private
conversations but are cautious in public statements. The
mainland Government owns the only English-language daily
newspaper, the National Press Agency, and the mainland radio
facility. The Zanzibar Government operates a radio and
television station. The Swahili-language paper, which has a
daily circulation of 100,000, is owned by the party. The
Newspaper Act, which allows government search and seizure of
any publication and withdrawal of the license to publish at
any time, makes the launching of a private newspaper or
magazine extremely difficult. There is a monthly Catholic
newspaper with a circulation of 120,000 which covers largely
religious news. The official media, as organs of the State,
usually present a unified point of view on important policy
matters and do not criticize the premises of government
domestic or foreign policies. The Government encourages the
media to publish articles and letters to the editor
criticizing corruption, mismanagement, and "economic sabotage"
in the government ministries and state-owned corporations.

330

TANZANIA

However, a weekly newspaper column, "Society and the Law," was
removed when it became too critical of the Government.

Visiting foreign reporters are required to register with the
Government and obtain a government permit. They are then
allowed considerable freedom, including access to government
and party leaders. Photographers, however, can fall victim to
the widespread fear of South African espionage. In August
1986, two photographers were arrested in separate, unrelated
incidents. Each photographer had all the required permits,
and each was released after several hours. Also in 1986, a
freelance journalist was banned from reporting on Zanzibar
because he was said to be reporting negative news "which
destroyed the image of the isles."

Academic freedom is officially guaranteed, but in practice
most academicians, relying on the government-run educational
system for their livelihood, limit their exploration of
sensitive subjects. Under the Films and Stage Plays Act,
films may be censored, and plays must be approved. The
importation of foreign publications is not prohibited, but it
is limited by the acute shortage of foreign exchange.

b. Freedom of Peaceful Assembly and Association

Given the nature of Tanzania's one-party system, the freedoms
of public assembly and association are limited. Permits must
be obtained through the party for any public meeting,
political or otherwise. Student organizations are party
controlled, and students are inhibited from public criticism
by concern that their future employment prospects may be
jeopardized. A number of professional business, legal, and
medical associations exist, but they are careful to
concentrate on nonpolitical topics. Under the Societies
Ordinance, all associations must be registered with and
approved by the Ministry of Home Affairs, and their elections
are subject to government supervision, including the screening
of candidates. No organizations which would compete with
party organizations are approved, including labor unions.

There is only one labor union, Juwata, an organ of the party.
Membership in Juwata is required of all workers. No other
unions may operate. All business and government offices with
more than a few employees are required to have a Juwata
chapter. Juwata represents about 60 percent of the workers in
the industrial and government sectors. Juwata, however, has
little influence on labor policy. Wages are set by the
Government, and Juwata does not bargain collectively on behalf
of the workers. At the local level, it promotes employee
welfare by filing grievances against employers, usually
involving pay disputes. Grievances which cannot be settled in
the workplace are taken to the permanent Labor Tribunal, whose
decisions are final.

Strikes are not prohibited by law, but they have not taken
place in the past because disputes must be taken to the Labor
Tribunal which makes binding decisions. In July 1986, a labor
disturbance occurred when approximately 500 workers gathered
at a sugar factory entrance in Kilombero to protest wage
deductions. A police field force unit opened fire, killing 3
and wounding 20. The management and local officials blamed
the workers for their failure to use proper channels to voice
their grievances. The Legal Aid Committee issued a strong
statement deploring violence against unarmed citizens. The

331

TANZANIA

Government-established commission of enquiry, with
representatives from the party. Government, police, and
Juwata, discovered shortcomings in factory management,
organization of the workers, and party and government
leadership. On December 1, President Mwinyi announced that he
had taken action on recommendations made by the Commission.
However, the recommendations and the report have not been made
public. Juwata maintains relations with the ILO, and the
Government has ratified most ILO conventions. The ILO
believes that the appointment of the leader of Juwata by the
President of Tanzania violates its Conventions no. 87 and 98
on freedom of association.

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and
respected in practice. Missionaries are allowed to enter the
country freely to proselytize, and Tanzanians are allowed to
go abroad for pilgrimages and other religious purposes,
limited, of course, by the scarcity of foreign exchange. The
population of the mainland is roughly 30 percent Christian, 35
percent Muslim, and 35 percent adherents of traditional
religions. There appear to be no social or political
advantages or disadvantages attached to membership in any
given faith on the mainland. While there has been some
controversy in overwhelmingly Muslim Zanzibar regarding state
support of certain mosques, Zanzibaris are generally free to
practice without interference any faith they choose.

d. Freedom of Movement Within the Country, Foreign,
Travel, Emigration, and Repatriation

Apart from the Zanzibari requirement for documentation for
travel between Zanzibar and the mainland, travel generally is
not restricted within Tanzania. Citizens must follow national
employment directives stipulating the nature of employment and
location of residence. For years city dwellers unable to show
proof of employment during police checks have been forced to
return to rural areas in an effort to control increasing
pressure on urban resources and reverse declining levels of
agricultural production. The Human Resources Deployment Act
of 1983 requires local governments to ensure that every
resident within their areas of jurisdiction engages in
productive or other lawful employment. Those not so employed
are subject to transfer to another area where employment is
available. Although the Act was not enforced in 1986, the
Government strongly encouraged 1,000 unemployed residents in
the over-populated Kilimanjaro area to resettle on arable land
in Morogoro under a 5-year human resources development
program. The Government also expressed concern over the
increasing numbers of young people migrating to urban areas to
seek work rather than remaining in the countryside to engage
in agriculture and raise livestock. In 1986 a number of
persons were rounded up at random in Dar es Salaam and
imprisoned for 3 to 4 months to discourage young migrants.

Passports are required for foreign travel and can be difficult
to obtain. Tax clearances and approval from the Central Bank
are required in order to buy airline tickets. The Economic
and Organized Crime Control Act of 1984 prohibits taking
foreign currency out of the country (although allowed on
Zanzibar for business purposes), and those accused under the
Act must surrender their passports. In practice, those
planning to travel or emigrate are subject to intense scrutiny

332

TANZANIA

by police and tax authorities. Tanzanians who leave the
country without authorization are subject to prosecution on
return. In 1986 Tanzanian immigration authorities increased
border post surveillance and began requiring all people
crossing borders out of the country to present travel
documents detailing the purpose of their journey. This
requirement was aimed at the large number of unemployed youths
who leave the country. In the spring of 1986, over 40 such
youths were repatriated from Mozambique. Their travel
documents were confiscated on return, and they were held in
prison until their families paid the cost of their return
tickets. The Extra-Territor ial Jurisdiction Act empowers the
courts to try Tanzanians who commit offenses outside the
country. Although it is legally possible for citizenship to
be revoked, there have been no reports during the last several
years that this has been done.

Tanzania generally has a liberal policy toward refugees and
displaced persons. As of January 1986, there were about
207,000 refugees and displaced persons in Tanzania of whom 82
percent were from Burundi, with most of the rest from Rwanda
and Zaire. Tanzania accepts refugees from contiguous
countries and requires those from other countries to find
resettlement elsewhere. In general, the same services and
rights available to citizens are offered to refugees and
displaced persons insofar as local resources permit. Upon
becoming self-supporting, such persons are offered Tanzanian
citizenship. South Africans who enter Tanzania as members of
liberation groups are allowed to remain in the country in a
special category. However, those who leave the liberation
groups are refused work and residence permits. The United
Nations High Commissioner for Refugees (UNHCR) is actively
engaged in resettling over 70 former members of such groups.

In 1986 Tanzania began settling a small group of
asylum-seekers who fled Uganda in the wake of two changes of
government there in 1985. Seven Kenyan dissidents, even
though they arrived from a contiguous country, were turned
over to the UNHCR for resettlement in Scandinavia because of
the Government's desire to continue good relations with
Kenya. The UNHCR is presently attempting to resettle 10 more
such arrivals from Kenya.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political activity is forbidden except within the party.
Although ex-President Julius Nyerere continues to direct the
party structure and bureaucracy, he has indicated plans to
step down in the near future and appears to be slowly
relinquishing power to President Mwinyi , who also serves as
party vice chairman. There are no overt opposition groups.
However, informal advocacy of a multiparty system is allowed,
and leaflets on the subject have been distributed by
multiparty advocates.

All candidates for Parliament must be party members. In 1985,
under the amended Constitution, voters were allowed to choose
between two party-selected candidates for 75 percent, or 169,
of the 244 seats in Parliament. The remaining 25 percent is
composed of members appointed by the Government and the
various "mass organizations" associated with the party. The
one-party system does not permit political participation
through the open nomination of multiple candidates. Voters

333

TANZANIA

register dissatisfaction by voting incumbent members of
Parliament out of office. In 1985 some 23 petitions were
filed alleging election fixing and intimidation of village
leaders and challenging the results of the elections both on
Zanzibar and the mainland. In 1986 most of the petitions were
dismissed by the courts, although a few were still pending.
While membership in the party is voluntary, overzealous party
functionaries have been known to require proof of membership
for receipt of basic government services or employment. This
practice has been publicly deplored by Nyerere.

Zanzibar has its own House of Representatives, and the
majority of the members were directly elected from a
party-selected slate for the first time in 1985. Under the
new Constitution, the House of Representatives consists of 50
elected members, 10 members nominated by the President of
Zanzibar, 5 regional commissioners, 5 seats reserved for
women, and 5 representatives from the party's mass
organizations .

Women are encouraged to take an active role in politics. The
Government has appointed women to 20 percent of the membership
of village councils. There are two women Cabinet Ministers
and there is one woman on the 18-member central committee of
the party. The 1985 national Constitution reserves 15 seats
in Parliament for women.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Tanzania is a party to the United Nations' covenants on human
rights and in 1984 ratified the Organization of African Unity
Charter on Human and Peoples' Rights. Largely due to the
efforts of ex-President Nyerere, Tanzania has developed a
tradition of opposing abuses of human rights, and there were
no outside investigations of human rights violations in
Tanzania in 1986. There are no active local human rights
groups in Tanzania. There was no published government
reaction to Amnesty International's concern about the
continuing detention of the suspected coup plotters. These
detainees were released in April 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

In practice, the participation of women in education beyond
the primary school level is seriously limited by tradition and
social attitudes. For most of Tanzania's ethnic groups,
women's traditional role has been that of mother and field
laborer, and women are still underrepresented in government,
the professions, and in skilled occupations. Social
limitations on the roles women play are generally more
pervasive on Zanzibar than on the mainland. Women in many
parts of the country continue to suffer from discriminatory
restrictions on inheritance and ownership of property because
of concessions to custom and Islamic law. Although the
practice is declining, female circumcision is still
occasionally performed within approximately 20 of the
country's 120 mainland ethnic groups. Despite obstacles, the
Government has made progress in its efforts to ensure equality
for women, especially in urban areas where traditional values
have a weaker hold on the population. The Court of Appeals
has held that womens ' domestic services are a marital asset to

334

TANZANIA

be considered in divorce settlements. The Union of Tanzanian
Women, a wing of the party, is dedicated to the eradication of
inequality for women in all spheres of society. The ILO has
assisted groups of women in starting small-scale business
ventures and achieving economic independence.

In 1986 attention was drawn to the plight of the indigenous
Hadzabe people who live in the north of the country around
Lake Eyasi. These hunters and gatherers were among the
earliest settlers in Tanzania. Lack of food, water, and
shelter has reduced their population from 2,000 to 250 in the
last few years. Although the Government is researching the
problem, it has no immediate plans to reverse the impending
extinction of the Hadzabe, known as "the forgotten people of
Lake Eyasi . "

The Asian community, estimated at about 40,000, is both
culturally and economically exclusive, a business-oriented
minority in a society committed to socialist policies.
Official government policy is one of equal rights for all
citizens, and Asian entrepreneurs are being encouraged to
invest in areas previously reserved for the public sector,
including large-scale agriculture.

CONDITIONS OF LABOR

Workers in Tanzania work a 40-hour, 6-day workweek. Section
77 of the employment ordinance prohibits children under the
age of 15 from working. This provision applies only to the
formal wage sector in both urban and rural areas and not to
children working on family farms or herding domestic
livestock. A young person between the ages of 15 and 18 may
be employed provided the work is "safe and not injurious to
health." There is no legal discrimination in wages on the
basis of sex, but in practice discrimination occurs. In
general, women cannot be employed between 10 p.m. and 6 a.m.,
and young people are not allowed to work between 6 p.m. and 6
a.m. Several laws regulate safety in the workplace, including
the Factories Ordinance, the Accidental and Occupational
Diseases Notification Ordinance, and the Workman's
Compensation Ordinance. In 1986 the ILO and the Ministry of
Labor completed a project establishing an occupational health
and safety factory inspection system. Employers in Tanzania
are required to have insurance, but enforcement is limited by
Government resources for checking on it.

335

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: TANZANIA

1984

1985

1986

I. ECON

A. AID

(SE

a. FOG

TITLE

?EPA

PAY.

TITLE

c.RE

VOL.

C.OTH

. ASSIST. -TOTAL.,

OANS ■

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) . .,
R PEACE

S ,

DIAL ,

M $-LOANS

!=0R. CURR

TOTAL ,

.EC.DEV i WFP,

EF AGENCY

CON. ASSIST..,

CE CORPS,
COTICS. .,
ER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

B. CREDIT FINANCING.,
C.INTL MIL. EO.TRNG. .
O.TRAN-E<CESS STOCK,
£. OTHER GRANTS ,

III. TOTAL ECON,

LOANS

GRANTS. ..,

a MIL.

6.4

9.4

1.7

0.0

6.4

9.4

1.7

1.2

0.0

0.2

0.0

1.2

0.0

0.2

0.0

3.9

7.5

0.0

3.9

7.5

0.0

0.3

0.0

3.9

7.5

0.0

2.0

1.4

0.0

1.9

6.1

0.0

1.3

1.9

1.5

0.0

1.3

1.9

1.5

1.9

1.5

0.0

O.O

0.0

O.O

0.0

3.0

0.0

6.4

9.4

1.7

0.0

6.4

9,4

1.7

OTHER US LOflW^ -

0
0

3
0

0
0

.0
.0

0
0
0

cX-IM BAN'C
ALL OTHER .

LOANS

0
0

ASSISTANCE

FROM

INTERNATIONAL
1934 1935

AGENCIES
1936

1946-

-86

TOTAL

39.5

46.7

90.0

1425.7

IBRD

0.0

313.2

if:

3.9

0.0

11.0

IDA

35.0

45.0

90.0

934.9

103

0.0

AD3

0.0

AF03

0.0

. 0.0

97.9

UNDP

0.6

1.7

0.0

17.7

OHER-UN

0.0

41.0

EEC

0.0

5.0

336

TOGO

The Government is authoritarian, with power firmly centralized
in the hands of President General Gnassingbe Eyadema. He is
also head of the armed forces and of the only legal political
party, the Rassemblement Du Peuple Togolais. In power since
1967, the Eyadema Government's legal authority is based on a
Constitution adopted by national referendum in 1979. All
Togolese are considered to be members of the party, and all are
obligated to vote. Generally, only active party members can
achieve political office. As head of the party. President
Eyadema dominates the executive, legislative, and judicial
functions of the Government.

The Government's control of the elements of coercion, including
the military, the Gendarmerie, and civil police (Surete), and
the wide recognition that it is willing to use them, especially
in cases involving the security of the country or regime, are
important factors in maintaining its authority.

Togo's economy is heavily oriented toward subsistence
agriculture, with most Togolese participating only marginally
in the modern (cash) sector. Coffee, cocoa, and cotton are the
only significant export crops. Togo exports one mineral
product, phosphate. World prices for these exports have
recently been below normal, and Togo has had to institute an
austerity program, with attendant hardship on the population.
Togo also has a small but flourishing commercial sector and
encourages private enterprise, much of which is carried out by
women .

The human rights situation changed little in Togo in 1986.
Lengthy detention of persons without charge still occurred for
long periods, particularly in security related cases. However,
there was movement in the trials of political prisoners, and
there were some releases of prisoners, demonstrating
sensitivity by the Government to international concerns. Of
the 18 persons arrested in September 1385 for distributing
antigovernment tracts, 15 were released by early 1986; the
remaining 3 were publicly tried and convicted in July, with 1
immediately receiving a presidential pardon. Two of the
defendants claimed during the trial that their confessions had
been extracted through the use of torture. Public trials were
held in December for those arrested in connection with a coup
attempt on September 23, which was staged from Ghana; for those
accused of infiltrating briefcase bombs into Togo in July; and
for those accused of involvement in the 1985 bomb explosions in
Lome, Togo's capital. As a result of these trials, 7 persons
were acquitted, and others received sentences ranging from
death (the 13 persons who received death sentences have the
right to appeal for presidential clemency) to 1 year in
prison. The Government considers these convicted persons to be
terrorists and not political prisoners.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

On September 23 a commando force largely made up of Togolese
dissidents attacked Lome from neighboring Ghana in an attempted
coup d'etat. They failed in their goals of killing President

337

TOGO

Eyadema and forcing the overthrow of the regime. However,
there were a number of deaths as a result of the fighting
between the dissidents and government forces. The Government
announced that seven of the commandos were killed as well as
eight civilians, but it made no announcement of the niimber of
Togolese security personnel killed in the fighting. It is
highly probable that many more than the announced number of
civilians were killed, with some local estimates going as high
as from 150 to 200 total civilian and military casualties.

b. Disappearance

There were no reports of disappearance for political motives.

c. Torture and Cruel, Inhuman, or Degrading treatment or
Punishment

While the President has enjoined Togolese authorities to
refrain from torturing prisoners, there is no specific Togolese
law prohibiting torture. Some released prisoners and trial
defendants claimed to have been beaten or tortured and alleged
that their statements to the police were obtained either by
threat or application of physical coercion. For example,
during the July trial, two of the three Togolese charged with
distributing antigovernment pamphlets retracted their previous
confessions which they said had been obtained under torture.
Reportedly, the general populace believes that torture is
practiced, particularly by the military and the Gendarmerie.
The Association of African Jurists, in a 1986 Report, found
that prisoners had been beaten during detention. Amnesty
International's 1986 Report on Political Imprisonment and
Torture in Togo said that torture of both political and
criminal prisoners appeared to be frequent and involved
beatings and electric shock treatments.

Prison facilities are overcrowded and rudimentary with limited
space, light, sanitation facilities, and ventilation. Food and
medical care are reported to be barely adequate by local
standards. Families are allowed to visit prisoners and to
provide food, although sometimes this is not permitted until
after the period of investigation is over. Only military and
paramilitary personnel are granted access to Togo's four
military prisons. There were credible reports of prisoner
beatings and hard labor on state-owned farms.

d. Arbitrary Arrest, Detention, or Exile

The Togolese legal system does not include the right of a
detained person to a judicial determination of the legality of
detention. Prisoners accused of crimes unrelated to political
security are usually held for no longer than 48 hours prior to
indictment or provisional release pending investigation, but
nothing prevents authorities from holding a person beyond that
time without charge. Arbitrary arrest and detention occur in
Togo, especially of those the Government considers guilty of
"crimes against the public trust" (e.g., corruption, political
opposition, or threat to national security) . There is no
functioning bail system.

In late 1985, the Government established a commission of
inquiry to examine the conditions of detainees. While the
commission's report was not made public in Togo, it was made
available to human rights organizations and journalists in
Europe. Reportedly, the commission found that conditions in
Togolese prisons were generally satisfactory, but it

338

TOGO

recommended that the legal 48 hour limitation for detaining a
prisoner without charge should be respected.

Both political and nonpolitical prisoners held in preventive or
administrative detention are usually not formally charged and
cannot obtain redress through the courts. They may be detained
as long as the Government deems necessary for the
investigation, which in some cases may take months or even
years. As is generally the case, the three Togolese tried in
July for opposition to the Government were not allowed access
to lawyers during the police investigation, but they were
allowed access to lawyers of their own choosing (including one
French lawyer) once the police investigation had ended, and the
case had been turned over to the courts. The defense lawyers
were vigorous in arguing their clients' case. Nonjudicial
sanctions are often taken against those who have been
administratively detained, e.g., those government employees
arrested in the antigovernment pamphlet case were fired from
their jobs. Administrative sanctions have also included
relegation to residences in home villages, where the persons
are required to report weekly to the Gendarmerie.

Reports indicate the national Gendarmerie has exercised almost
unlimited power in arresting and detaining persons in Togo.
Present practice allows any permanent officer of the
Gendarmerie to arrest and detain persons without seeking prior
permission or submitting a subsequent report. President
Eyadema is believed to follow political cases closely. The
number of detainees held by the Gendarmerie outside the
structures of local judicial process has been reported to be as
high as 50. Those persons detained by the military are
processed through the military judicial system. The number of
political exiles is unknown, but is not believed to be large.

There is no forced labor in Togo outside the penal system.

e. Denial of Fair Public Trial

Traditional courts at the village level handle a large number
of civil and even criminal cases, with evidence generally being
presented by both sides before the village chief or a council
of elders who then make a decision. Those who do not accept a
traditional court's ruling may take cases to the regular legal
system. In the regular courts, pretrial proceedings are
sometimes protracted. A crowded court docket and a shortage of
judges make speedy trials unlikely. Defendants accused of
nonpolitical crimes are generally accorded the right to a
public trial and the right to consult and be represented by
counsel. When the defendant cannot afford an attorney, counsel
is appointed by the Government. Defendants and counsel are
formally notified of charges in writing. Special courts handle
security, embezzlement of public funds, and violent crimes and
observe the same standards of justice as the regular courts.
Togo's judicial system is not independent of the executive
branch and is open to political interference in those trial
cases deemed important to the Government .

In 1986 the Government tried several important cases. After
releasing or pardoning 15 of the approximately 18 persons
arrested in 1985 for distributing antigovernment pamphlets, 3
were tried and convicted. One was subsequently pardoned, while
the other two received 5-year prison terms. Another 15 persons
charged with taking part in bringing explosives into Togo were
tried in December, (7 in absentia). Four were acquitted, and

339

TOGO

the remainder were given prison sentences ranging from 1 to 13
years. An estimated 25 people were arrested in September for
taking part in the attempted coup d'etat staged from Ghana and
also for the 1985 Lome bombings. They were given a public
trial in December, along with 10 persons tried in absentia.
Three were acquitted, 13 sentenced to death, (which they may
appeal), 14 to life imprisonment, 4 to 1 year in prison, and 1
to 1 month in prison. The Government and the Association of
African Jurists consider those charged with bringing in
explosives and with participation in the coup attempt to be
terrorists .

Opposition sources outside Togo have claimed that there are up
to 200 political prisoners in Togo but are unable to produce
specific names. The President of the Association of African
Jurists said in a September Jeune Afrique interview that the
only political prisoners in Togo were the three (now two)
convicted pamphleteers. Amnesty International reports
estimates from various sources place the number of political
prisoners at between 200 and 300 with few tried or formally
charged. Nearly all of the approximately 50 detainees
mentioned in Section l.d. were arrested because they were
judged to be threats to internal security and thus could be
considered political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

It is generally believed that there is monitoring of
correspondence and telephones and that there are extensive
networks of informants in all important sectors of Togolese
society in order to check on dissident activity. Searches of
private residences in both civil and criminal cases are
normally authorized by a judge or senior police official. In
matters judged by the Government to involve national security,
searches without formal authorization are permitted. While all
Togolese are considered to be members of the sole political
party, no one is forced to take an active role in party
activities. Following the September 23 incursion by dissidents
based in Ghana, Togo's Minister of the Interior publicly
appealed to bands of vigilantes to desist from carrying out
systematic searches of citizens in the streets because this
practice violated the basic principle of respect for human
dignity.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech in practice is restricted on political
matters. Criticism of the President and the Government is
considered antigovernment activity, and most citizens are
careful to avoid such criticism. Academic freedom is practiced
only in nonpolitical fields.

The Government owns and operates the media, which it regards as
a vehicle for mobilizing popular support for its policies. It
does not permit publication or circulation of material
criticizing its policies or officials and considers any such
activity a serious offense. From time to time, the media will
report that certain government officials have been accused of
corruption and/or ineffective program implementation. Foreign
publications normally freely circulate, and there is no
interference with foreign radio broadcasts.

340

TOGO

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is strictly controlled. Government
approval must be obtained before large groups may assemble.
Such authorization or withholding of it effectively precludes
antigovernment political meetings. Permission for other types
of meetings is easily obtained. Professional groups are
enjoined to avoid political activities.

Although the right to organize is guaranteed under the Togolese
Labor Code, organization of workers is permitted only under the
aegis of the single national trade union federation. La
Confederation Nationale des Travailleurs du Togo (CNTT), which
is controlled by the political party. All major sectors of the
Togolese work force are unionized. The CNTT conveys the
Government's views and requirements to workers and, on certain
economic issues, represents workers' concerns to the
Government. Workers also have the right to strike, but only
after every possible method of arbitration has been thoroughly
exhausted. When disputing parties cannot reach a compromise,
the Government serves as arbitrator. Strikes have occurred
only rarely in the past. In each instance, the Government
continued discussions with striking workers, and the strikes
ended shortly thereafter without physical coercion or arrests
of striking members. The CNTT is affiliated with the
International Confederation of Free Trade Unions and sends
delegates to the International Labor Organization meetings.

c. Freedom of Religion

Freedom of religion generally prevails in Togo, although the
Jehovah's Witnesses were banned by a government decree in
1979. This one group is not recognized by the Government as a
religious faith having the right to conduct services,
proselytize, or otherwise carry out religious activities.
There are, however, no known legal penalties for being a
Jehovah's Witness. No specific religion is favored by the
Government. Religious sects must have government authorization
to become established in Togo. With the exception of Jehovah's
Witnesses, the open practice and teaching of religion is
permitted. There is no restriction on publishing religious
material. Foreign clergy are allowed to proselytize. Local
religious groups are permitted contact with coreligionists in
other countries. No restrictions exist on travel for religious
reasons. Religious affiliation is neither an impediment nor an
advantage with regard to advancement and is compatible with
membership in the sole political party.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Free movement, including domestic and foreign travel,
emigration, and the right to change residence or workplace, is
generally allowed for Togolese and foreigners. However, the
Government restricts the issuance of passports in order to
control the emigration of professional Togolese and also to
keep known political dissidents under close scrutiny. Exit
visas are also required. Domestic travelers may encounter
security or customs-related roadblocks. Except for the few
political exiles, Togolese who have chosen to reside in other
countries may return at will. Togo has traditionally welcomed
refugees. Following the September 23 incursion by dissidents
based in Ghana, movement across Togo's western border with
Ghana has been restricted.

341

TOGO

Section 3 Respect for Political Rights: The Right of Citizens
To Change Their Government

Togo is a one-party state with President Eyadema holding a
monopoly of power since 1967. All citizens are considered to
be members of the party, and active party members may express
their views at party meetings on issues such as the
implementation of policy and the behavior of subordinate
officials. No challenges are allowed, however, to the
President's political program and the central committee's
decisions. During the elections in December 1986, President
Eyadema was the only candidate and was reelected for another
7-year term with 99.7 percent of the votes.

Togo has a 77-member National Assembly which debates certain
categories of proposed legislation as defined by the
Constitution, but it has no real power to reject laws proposed
by the executive. The party permitted for the first time
multiple candidates for seats in the National Assembly
elections of March 1985. Within the one party, there were 216
candidates for 77 seats, and there were a number of spirited
contests. All religious and ethnic groups and both sexes are
represented within the single party. Of the 46 party members
elected to the central committee during the 1986 party
congress, 10 were women, and 3 women are National Assembly
delegates .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Togo has been active in human rights forums, such as in the
U.N. Human Rights Commission. The Government has allowed the
International Committee of the Red Cross to visit political
prisoners .

There are no organizations within Togo that report on or
observe human rights. In the past, the Government extensively
permitted entry to and cooperated with international human
rights organizations such as Amnesty International in
investigating charges of human rights violations. However, at
the end of 1985, an Amnesty team was denied entry, and in 1986
the Government did not allow Amnesty to send representatives to
observe the July trial of the antigovernment pamphleteers. The
Government took exception to reports published by Amnesty about
torture and political imprisonment, claiming that it was not
objective. The Government also excluded from the July trial
representatives of the Paris-based International Federation for
Human Rights. The Government did, however, permit other
international observers to attend the trial, and the
Association of African Jurists sent several delegations to Togo
in 1986 to investigate charges of detention of political
prisoners .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The economic and social rights of Togolese women are spelled
out in the family and individual code which was adopted in
early 1980. Under this code, women's rights include maternity
leave benefits. Women dominate local market activities and
commerce with Togo's neighbors and often amass considerable
wealth. Formal equality under the law and success in the
market place do not mean total equality for all women
throughout Togo. Civil law, for example, recognizes a woman's

342

TOGO

property rights, but customary or traditional law gives all
property to the male in the event of separation or divorce.
Economic conditions in rural areas also often leave women
little time for anything other than carrying water, finding
firewood, cooking, child bearing, caring for the family, and
helping to raise food crops. The Government has undertaken a
campaign to make women throughout Togo aware of their expanded
opportunities under the new family code.

CONDITIONS OF LABOR

Labor practices in Togo are set by the Togolese Labor Code
adopted in 1974, which is generally respected in practice. The
Code specifically stipulates that there should be equal pay for
equal work, qualifications, and production for both sexes;
working hours of all employees in any enterprise, except for
agricultural enterprises, should not normally exceed 40 hours
per week; the employment of children under the age of 14 in any
enterprise is prohibited; at least one period of 24 hours of
rest per week is compulsory; and workers earn 30 days of paid
leave each year. Enterprises must run a regular medical
service for their employees. Health and safety standards in
the workplace are determined by a technical consulting
committee at the Ministry of Labor and instituted by decrees.
There are penalities for employers who do not meet the
conditions of the decree.

343

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: TOGO

1934

1985

1986

I.HCON.
LO
GR
A. AID
LO
GR
(ScC
B.FOOD
LO
GR
TITLE
REPAY
?AY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. ,

FOR PEACE

ANS

ANTS

I-TOTAL

. IN S-LOAMS....,

IN FOR. CURR

II-TOTAL

lEF.EC.DEV S WFP,
ELIEF AGENCY.. .. ,
R ECON. ASSIST..,

ANS

ANTS

PEACE COROS

NARCOTICS

OTHER ,

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

4.;iAP GRANTS ,

3. CREDIT FINANCING.
C.INTL MIL.ED.TRNG. .
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. i MIL,

LOANS

GRANTS

9.0

3.5

13.7

0.0

9.0

8.5

13.7

3.9

3.6

11 .4

0.3

0.0

3.9

3.6

11.4

0.0

7.9

2.9

2.5

0.0

2.9

2.5

0.0

O.G

0.0

2.9

2.5

0.0

0.9

0.7

0.0

2.0

1 .8

0.0

2.2

2.4

2.3

0.0

2.2

2.4

2.3

2.2

2.4

2.3

0.3

0.0

0.1

0.0

0.1

0.0

0.1

0.0

9.0

3.5

13.8

0.0

9.0

3.5

13.3

OTHER US LOANS. .. ,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

24.7

48.7

6.9

A85.1

IBRD

0.0

"0.0

3.5

if:

O.G

0.0

104

0.0

46.4

6.9

264.6

103

0.0

'0.0

A03

0.0

AF33

23.1

0.3

0.0

89.3

UNDP

1.6

2.3

0.0

33.5

OTHER-UN

0.0

O1.O

0.0

3.8

EEC

0.0

90.4

66-986 0-87-12

344

UGANDA

The National Resistance Movement (NRM) Government of President
Yoweri Museveni came to power on January 26, 1986 by seizing
control of the capital, Kampala, from the forces of the
previous 6-month Government of General Tito Okello Lutwa. The
NRM and its military wing, the National Resistance Army (NRA) ,
had fought a 5-year guerrilla war, first against the regime of
A. Milton Obote and then that of Okello Lutwa. On January 29,
Museveni formally became President and formed a transitional
government of national unity which includes representatives of
all of Uganda's major political parties. The President
pledged to limit the Government's interim rule to no more than
4 years, but during this period traditional political party
activity will not be allowed. The National Resistance
Council, in theory the supreme governing body, has met
infrequently, and the day-to-day decisions are made by
Museveni and the Cabinet.

The security forces and situation were also in flux. The NRA
forms the core of the army in which it is a minority. The
military is comprised of a number of different groups,
including some of Idi Amin's former troops. The police force
has been reduced to 3,000 men. The NRA has proven to be a
disciplined army, generally not victimizing the populace and
maintainingd control over the other security units.
Nevertheless, after relative tranquility the north-central and
north-eastern regions became unsettled in the last half of
1986, and extensive military operations continued there,
involving military opposition from soldiers of former regimes,
cattle rustling by pastoralist peoples, and simple banditry.
The high rate of youth unemployment in northern Uganda and the
traditional tension between the Nilotic peoples of the north
and the southern Bantu has exacerbated this unrest.

end of the yeai , mt; vjuvenuut;iiL wds in d bevtfLt; l iiidiiu idJ.
crisis due to poor NRM economic policies which have
discouraged trade, spurred inflation, and deepened already
large budget deficits.

In sharp contrast to the past, Museveni has placed human
rights at the center of the political process. He has spoken
out in a variety of forums on this subject, notably in July in
criticizing the African Heads of State at the Organization of
African Unity (OAU) Summit for their failure to condemn
publicly past human rights abuses in Uganda. He also
established a commission of inquiry into past human rights
abuses, with a view to prosecuting those responsible.
Although the NRM has made good progress in reestablishing
security, a deteriorating economy posed new challenges at the
end of 1986. Also, in executing pacification operations in
the north, there were reports that the NRA has been
responsible for human rights excesses, possibly including
on-the-spot executions of suspected dissidents.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

It is unlikely that an exact tally of the number of Ugandans
killed during the final phases of the civil war will ever be

345

UGANDA

known as it would be virtually impossible to distinguish
between combat fatalities, incidental deaths, and political
killings. During the battle of Kampala (January 24-26) there
were at least two politically motivated killings by forces of
the Okello regime. An official of the Post and
Telecommunications Corporation was dragged from his home and
killed because he was unable to open defective communications
facilities in the midst of the fighting. Also, Captain George
Nkwanga of the Federal Democratic Army was murdered,
reportedly on the orders of former Chief of Defense Forces Lt .
General Bazilio Olara Okello, after his fighting forces
switched their allegiance from the Okello Government to the
NRM side. There were probably numerous other less publicized
acts of revenge during the rout of the Okello forces.

There were credible but unconfirmed reports of killings in the
north either by the NRA or members of other forces now
incorporated into the NRA. Sporadic fighting continued there
against a group calling itself the Uganda Democratic Peoples
Movement (UDPM), which has appealed to the NRM to implement
the aborted December 1985 Nairobi Peace Accord (under which
the NRM would have shared power with the various fighting
forces that constituted the Okello Lutwa regime) . The NRM
rejected negotiations with the UDPM on the grounds that its
record of human rights violations precluded compromise.

While the security situation improved markedly, there were a
number of retributive killings that had political overtones.
In particular, such killings were fairly common in the section
of Kampala that had been controlled by Okello 's Uganda Freedom
Army (UFA) prior to the January change of government.

b. Disappearance

There were unconfirmed reports of youths in the northern
Acholi region being abducted by NRA soldiers and
disappearing. Whether these were related to the fighting or
the severely depressed economic conditions, or both, was
unclear .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and inhuman treatment are not sanctioned by Ugandan
law, but for many years there have been credible reports,
e.g.. Amnesty International's special 1985 report, of extreme
forms of torture taking place at detention centers,
particularly in military barracks. Since coming to power the
NRM has confirmed these reports and opened to the public some
of the detention and torture centers used by previous
regimes. Many of these still bore evidence of torture (e.g.,
blood stains), although it is unclear whether they had been
used as recently as early 1986.

Despite the improved situation, the NRA established a number
of detention centers when in opposition and was accused of
employing torture in some cases. The NRA still reportedly
uses an inhuman technique called three-point-tying, in which
the suspect's arms are tied behind his back until the elbows
meet. The painful process can result in the asphyxiation of
the victim or gangrenous infections of the hands and arms.

d. Arbitrary Arrest, Detention, or Exile

The Museveni Government took steps almost immediately to curb

346

UGANDA

abuse of citizens' rights by policemen. Early in the year,
all former soldiers and known abusers were removed from the
police force, leaving approximately 3,000 police to maintain
civil order in a population of almost 15 million. The
weeding-out process has made the proper arrest and charging of
suspected criminals even more difficult. Providing proper
training for the police force is also made more difficult by
the shortage of qualified officers. At the end of the year,
new officers were being recruited, and the British Government
planned to resume its police training program.

All detainees of the Obote and Okello era have been released
except for Chris Rwakasiisi, who was a minister in Obote 's
Cabinet and head of the notorious National Security Agency
(NASA). Rwakasiisi has not been formally charged, but he is
widely believed to have been implicated in NASA's excesses,
including killings, disappearances, and torture.

The NRA has detained some suspected dissidents in areas of
guerrilla activity in the north. The number of detainees and
the duration of their respective periods of detention are
unknown. Northerners living in Kampala report that they have
been harassed and occasionally detained by security forces on
suspicion of having collaborated with the previous regimes.
The NRA has also detained a number of persons — mostly NRA
soldiers accused of criminal activities — at civilian prisons.
The number has varied between 250 and 600 at any one time.
The NRA has reportedly detained prisoners of war and members
of non-NRA fighting forces at military barracks in the
southern half of the country.

Prisoners may be required to perform certain types of manual
labor, such as road maintenance.

e. Denial of Fair Public Trial

In May the Government announced the establishment of a

commission of inquiry to review all cases of human rights

violations since independence. The commission is headed by a

High Court judge and has the authority to summon witnesses and
to hold both private and public sessions. The Government has

pledged to seek the extradition of Idi Amin and Milton Obote

on charges of human rights violations.

The relationship of the transitional Government to the
judiciary is still evolving, but the established Ugandan
judicial system remains in place and contains procedural
safeguards modeled after British law, including the granting
of bail, appeals to higher courts, and regular court
appearances for those being held in detention. There are no
special courts for political or security cases. Because of
the tradition of relative independence and impartiality of the
judicial system, previous regimes have tended to use
extrajudicial means of detention and punishment.

There are a number of treason cases currently awaiting trial
in Kampala courts. In September the NRM arrested a group of
25 monarchists who were alleged to have plotted the return to
power of the King (Kabaka) of Buganda . In October the NRM
arrested 19 people, including the Ministers of Energy,
Environment, and Commerce as well as a former Vice President
and several military officers, for allegedly plotting a
military coup. Human rights groups, such as Amnesty
International, expressed concern that the 19 suspects had been
held for a lengthy period without any serious attempt being

347

UGANDA

made to bring them to trial. The NRM also arrested on charges
of treason the editors of The Weekend Digest for publishing a
story that Kenyan guerrillas were operating out of Uganda.
These treason cases will reportedly be handled in the
established courts.

Under the NRM, a number of local "resistance committees" have
evolved with ill-defined security and other responsibilities,
including semi judicial functions. A legal issue that has
developed concerns the right of these committees to mete out
punishment (usually flogging). In one publicized case, a
Kampala resistance committee authorized corporal punishment of
a sugar merchant who charged prices above the legal ceiling.
The case has inspired wide debate, and a government official
upheld the legality of the sentence since it had been handed
down by a committee directly elected by the people.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Undisciplined elements of the previous regime interfered with
privacy and family through harassment including physical abuse
and large scale looting. Prior to the battle of Kampala,
these activities were centered in the capital. As the forces
of the former government were pushed north they continued to
plunder and loot, even in their home areas.

The NRM Government has launched several operations in which
NRA soldiers cordoned off sections of the capital and searched
residences and vehicles for unregistered weapons. These
searches generally have been conducted in a disciplined manner
and accepted by the populace as a necessary measure to help
restore law and order after years of virtual anarchy.

The evolving village or local NRM resistance committees have
the potential to become neighborhood "watch units" as well as
the basic political unit of a new Ugandan political structure
(Section 3). Perhaps more controverial in 1986 were the new
NRM schools of political education for the purpose of
indoctrinating key officials with the NRM's leftist ideology.
These courses have become mandatory for certain civil servants
but have not been made compulsory for the public at large.

There are no indications that the NRM, or any other previous
Government, has interfered with correspondence.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There is extensive public debate over the issues of the day,
especially in the lively press. Uganda has at least 15
newspapers or newsmagazines that appear on a regular basis.
Many of these began publication during 1986 and were often
sharp in their criticism, e.g., of alleged brutalities
committed by NRA soldiers.

In principle, the NRM Government favors a free press, but
officials increasingly criticized journalists for not
reporting responsibly and for failing to check facts before
publishing. The Minister of Information stated that there are
too many newspapers and some consolidation of the various
journals may be desirable, as well as the creation of a press
council, composed of newspaper editors, to establish
professional standards for journalists.

348

UGANDA

The NRM also took direct action against the press in 1986,
banning one local newspaper. The Weekend Digest, in June for
having printed a story suggesting that Kenyan guerrillas were
operating out of Uganda against the Government of President
Moi . The editors of the newspaper, Wilson Wandera and Jesse
Mashate, were arrested, charged with treason, and released on
bail while awaiting trial. In October the editor of the
newspaper The Citizen, Anthony Sekweyama, was arrested and
charged with treason along with 18 other persons. The
Government has stated that Sekweyama was arrested for his
alleged participation in a coup plot and not for the
newspaper's editorial line, which was frequently critical of
the Government. Subsequent issues of The Citizen since
Sekweyama ' s arrest have continued to criticize the Government.

b. Freedom of Peaceful Assembly and Association

The right of assembly and association in Uganda is generally
respected, except that the 4-year ban on partisan political
activity prevents political parties from organizing rallies
and other functions at which party officials would speak.
Political activity has not been banned, but it is not clear
what form such activity will be allowed to take outside
political parties. Permits for public gatherings must be
obtained from police authorities who have the right to deny
the permit in the interest of public safety. Professional
associations of doctors, attorneys, engineers, and accountants
operate without hindrance, as do international associations
such as the Rotary and Lions Clubs.

In February the National Organization of Trade Unions
(NOTU) — Uganda's National Labor Federation — held its first
free elections since 1981. NOTU and the Federation of Uganda
Employers came under intense political pressure during the
Obote period, when they were expected to follow the government
line and faced competition from government-favored workers'
councils. NOTU and its constituent unions are currently in
the process of rehabilitating their regional structures.
Theoretically, they have the right to engage in collective
bargaining. The Minister of Labor has stated that the
Government recognizes the right of workers to strike, but
disapproves of wildcat strikes and prefers that workers first
exhaust conciliatory methods of resolving labor -management
conflict. Since the Okello coup in 1985, trade unions have
had the right to associate with international labor
organizations .

c. Freedom of Religion

There is no state religion in Uganda. Islam, Christianity,
and African traditional religions are freely practiced.
Conversion between religions is not discouraged. There is no
governmental control of religious publications, even those
critical of the Government. Religious leaders frequently
speak out publicly on topics relating to their followers'
welfare, addressing, in particular, human rights, security,
and political issues.

The Uganda People's Congress is to some extent identified with
the Church of Uganda (Anglican) as the Democratic Party is
identified with the Roman Catholic Church. However, followers
of various religions are found in both parties. The NRM as a
matter of principle is opposed to political parties founded on
purely religious grounds but has not acted to prohibit them.
The Ugandan Catholic Church has expressed reservations about

349

UGANDA

the NRM's schools of political education and other parts of
its political program as well.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Ugandans are free to move, reside, and choose their place of
work within the country. In practice, travel to certain
sections of northern Uganda has been difficult in recent years
because of unsettled conditions there. The Government has no
restrictions on foreign travel or emigration. More than
500,000 persons were displaced by conflict within Uganda
between 1979 and 1986. The bulk of these displaced persons
fled to southern Sudan and eastern Zaire from the Madi and
West Nile regions in 1979 and 1980. In 1984 and 1985 these
people began to return to Uganda with the assistance of the
United Nations High Commissioner for Refugees (UNHCR) . In the
spring of 1986 approximately 90,000 persons repatriated
themselves to East Madi, in response to attacks on their camps
in southern Sudan by unknown persons and the improved security
situation in Uganda. The NRM Government has encouraged the
displaced persons to return, but an estimated 150,000 to
200,000 persons remained outside Uganda at the end 1986.

Uganda has hosted a large number of Banyarwanda displaced
persons since they left Rwanda during its civil war. These
persons were placed in UNHCR settlements in southwestern
Uganda, although a number of them integrated themselves into
local communities. In 1982-83 the Obote Government
countenanced an expulsion of these people from their homes
into camps or back to Rwanda. Approximately 40,000
Banyarwanda fled to Rwanda where they were housed in UNHCR
camps. Following the July 1985 coup, the Banyarwanda in
Rwanda returned to Uganda, some to their former homes, others
to refugee camps. President Museveni has called for an
international conference to determine the fate of the
Banyarwanda displaced persons and has asked them to remain in
the UNHCR settlements until an official solution is developed.

The Government has made efforts to resettle the persons
displaced inside Uganda during its civil war. The potentially
rich farmlands of the Luwero Triangle — scene of the heaviest
fighting during the 1981-86 bush war — have been resettled and
are being rehabilitated with foreign and local assistance
programs .

The Karamajong cattle raiders operating out of northeastern
Uganda have created a population of displaced persons in
eastern Uganda. To date it has not been possible to resettle
these people because of prevailing insecurity in the region.

Approximately 800 Sudanese nationals crossed into Ugandan
territory during 1986 as a result of the civil war in Sudan.
The Sudanese have been allowed to stay in Uganda although the
Government has not decided whether they will be granted formal
asylum status.

There were no reported incidents of forcible repatriation of
foreign refugees in 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Governnient

Citizens do not have the right to change their Government by
democratic means at present. However, in practice the NRM

350

UGANDA

Government is a nonelected, broad-based coalition in which all
of Uganda's major political parties are represented in the
Cabinet. The NRM is the dominant partner and comprises most
of the membership of the theoretically supreme governing body,
the National Resistance Council (NRC), the successor to
Uganda's National Assembly (parliament). President Yoweri
Museveni is the dominant figure in Ugandan politics; he is
also chairman of the NRM. Museveni has pledged that the
interim Government will not remain in power more than 4
years. During this interim period a new constitution will be
drafted, and at the end of the 4 year period Ugandans will
choose their new government. At the end of 1986, only local
or village resistance committees had begun to take some
shape. While the NRC existed, it had been largely bypassed as
a decisionmaking body.

Uganda is thus entering another period of political
transition. The cornerstone of the NRM Government's political
program is the formation of the resistance committee system.
These bodies are elected at local levels to serve as a
democratic form of local governance. Each resistance
committee elects some of its members to a higher level of
administration, which will eventually create a six-tier
structure with the village committees at the bottom and the
National Resistance Council at the top.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

The NRM is proud of its human rights record and has indicated
it is willing to accept visits by organizations such as
Amnesty International. Uganda has taken a prominent role in
speaking out on human rights issues in international forums.
President Museveni argued at the July OAU summit that the
general principle of noninterference in the internal affairs
of another state should not be used as a pretext to "shield
genocide from censure." Similarly, Prime Minister Samson
Kisekka criticized the United Nations and the OAU for failing
to condemn violations of the Universal Declaration of Human
Rights. On August 18 Uganda became the 28th member of the OAU
to sign the African Charter on Human and Peoples' Rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The country's boundaries cut across contiguous tribal areas
and group together mutually distrustful ethnic groups.
Historical animosities between ethnic groups have been
exacerbated by Uganda's political problems and, in particular,
by the ruination of the country's economic and political
infrastructure during the Amin years, from which the country
has not recovered. Particularly damaging was the 1972
expulsion of an estimated 70,000 persons of Asian heritage who
comprised the backbone of Uganda's entrepreneurial and skilled
trade resources. The cumulative result of Uganda's long-term
ethnic civil conflict has been a breakdown of the country's
social fabric. Two ethnic groups, the Banyarwanda and the
Karamajong, commonly are subject to discrimination in delivery
of the Government's economic and social services. The
Karamajong, who live in northeastern Uganda, have experienced
indiscriminate military action directed against them in
reprisal for violent cattle raiding by tribal members.

After long years in opposition, the NRM espouses a philosophy

351

UGANDA

of nondiscrimination and, since coming to power, it has made
elimination of sectarianism and corruption the central points
of its political program. However, with fighting continuing
in the north and the economy in disastrous shape, corruption
remains rampant, and social and economic services are often
delivered on the basis of ethnic or familial favoritism.
Women are not legally discriminated against or officially
restricted from education or employment.

While there is no legal discrimination against women, their
access to education has been declining as families are
withdrawing daughters rather than sons from school during the
current difficult economic circumstances. Women played an
important part in the NRA's bush war, serving as soldiers,
intelligence operatives, and support personnel. There are two
female deputy ministers in the MEM Government, as well as a
number of female ambassadors and members of the National
Resistance Council. In March Mary Kikonyogo was appointed the
first woman to be a judge on Uganda's High Court. The NRM has
created a women's secretariat charged with educating and
politicizing Ugandan women.

One of the most vexing of Uganda's human rights problems is
the dilemma of the boy soldiers (Kadogo) . These
preadolescents (some are as young as 6 years) were taken into
the NRA during the period of the bush war. Most are orphans
of villagers killed in the fighting. Rather than leave them
to an uncertain fate in destroyed villages, the NRA chose to
take the children along and assigned each boy to a more senior
soldier who became, in effect, the child's guardian. The
children fought in the civil war and were highly visible in
the January battle for Kampala. They are still to be seen on
the streets of Kampala in uniform and carrying weapons.
Critics argue that the children should resume — or in some
cases commence — their school education.

CONDITIONS OF LABOR

The bulk of Uganda's almost 15 million people live in rural
areas, on subsistence farms. In the modern sector, the law
sets the minimum age for employment at 12 years except on
light work which the Minister of Labor may exempt by statutory
order. In addition, there are restrictions for employing
persons under 16 years of age in mining and in any night work,
except in the case of apprenticeship. The minimum wage is
that of the lowest paid person employed by the Kampala City
Council, which at the end of 1986 was less than $6.50 per
month. Medical care is to be provided by employers. The
legal workweek is a maximum of 48 hours. In practice because
of the serious decline in the economy, there is little effort
at enforcement of labor laws.

352

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL reARS - MILLIONS OF DOLLARS)

COJNTRY: U3AN0A

1984

1985

1986

I.ECON.
LO
OR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS ,

ANTS

.SUPP. ASSIST.) . . ,

FOR PEACE ,

ANS

ANTS

I-TOTAL

. IM S-LOANS....,
IN FOR. CURR . . . . ,

II-TOTAL

lEF.EC.DEV J WFP,
ELIEF AGENCY....,
R E:0N. ASSIST.. ,

AMS

ANTS

PEACE CORPS ,

NARCOTICS

OTHER ,

II.MIL. ASSIST.-TOTAL.. .

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.ED.TRMG....
D.TRAN-EXCeSS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. S MIL...

LOANS

GRANTS

9.1

9.0

U.8

0.9

0.0

9.1

9.0

14.8

9.1

9.0

14.8

0.0

9.1

9.0

14.8

0.0

0.3

0.0

0.1

0.0

0.1

3.0

0.0

0.1

0.0

9.2

9.0

14.8

0.0

9.2

9.0

14.8

OTHER US LOANS. .. ■
EK-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1936

1946-86

TOTAL

164.8

102.2

0.0

756.0

IBRD

0.0

3.4

IFC

2.9

0.0

15.8

IDA

123.0

71.9

0.0

559.9

IDB

9.0

0.0

AD3

0.0

AFOa

38.1

17.7

• 0.0

83.0

UNDP

0.8

2.3

0.0

57.0

OTHER-UN

0.0

10.3

0.0

31.9

EEC

0.0

353

ZAIRE

President Mobutu Sese Seko, who came to power in 1965, heads
both the Government of Zaire and its only legal party, the
Popular Movement of the Revolution (MPR) . The President has
the constitutional power to promulgate laws by decree. In
theory, authority is shared with the popularly elected
Legislative Council. In practice, the Parliament rarely
disagrees with presidential decisions, although decrees are
usually preceded by consultations with party leaders and
legislators. The single legal party automatically includes
all Zairian citizens as members. The Executive Council (Prime
Minister and Council of Ministers), the Legislative Council
(unicameral parliament), the judiciary, and the only labor
union (National Union of Zairian Workers) are all organs of
the party.

A complex of security organizations, notably the civilian
National Documentation Agency, the paramilitary gendarmerie
and civil guard, and the armed forces share responsibility for
identifying and controlling potential internal and external
threats to Zaire and the Government. Their broad powers and
influence can lead to arbitrary harassment and detention of
ordinary citizens as well as suspected political opponents of
the Government .

Zaire has a mixed economy. Though major mining and
transportation activities are state owned, private enterprise
is the rule in the other sectors, with the State often holding
a minority equity position in larger firms. Zaire shares the
economic problems of most sub-Saharan African countries,
including low income levels, inadequate infrastructure, low
world prices for export commodities, and a high foreign debt.
However, after several unsuccessful starts, Zaire's extensive
economic reform program, initiated in January 1983, had
achieved significant progress in stabilizing the economy by
1986.

Credible allegations of serious human rights abuses continued
to be heard in 1986. One positive development was the loss of
much of the momentum in the 20-year-old insurgency in eastern
Zaire when the Government succeeded in negotiating the
peaceful surrender of 1,500 persons, including rebel soldiers
and their families. No major military actions were reported
along the shores of Lake Tanganyika between Uvira in Kivu
province and Moba in Shaba province, a village that was
attacked by rebel forces in both 1984 and 1985. Former rebels
in eastern Zaire who turned themselves in to government forces
have reportedly been accorded humane treatment, and most have
returned to their home villages. With the insurgency waning,
no reports of civilian casualties appeared. In contrast, the
Government lessened its efforts to reconcile differences with
political dissidents, and leading members of a group
advocating the legalization of a second political party were
rearrested and subsequently exiled to the interior of the
country in June and July. Despite some positive steps in
November to improve the administration of justice and check
excesses, harassment of citizens by law enforcement personnel
and inordinate delays in processing of detainees remained
serious problems at the end of the year. The Government also
banned activities by the Jehovah's Witnesses and several other
minor religious groups.

354

ZAIRE

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Fighting between rebel and government forces produced
allegations of politically motivated casualties in eastern
Zaire in 1984 and 1985. There were no substantiated incidents
of such killing for political motives in 1986. However,
dissidents advocating establishment of a second political
party, the Union for Democracy and Social Progress (UDPS),
have published a list of UDPS members allegedly killed while
in detention. It is impossible to confirm these allegations.

b. Disappearance

Rumors of the disappearance of detainees surface from time to
time. There were no credible reports that such disappearances
took place in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment

The Government states that it does not condone torture and
denies allegations that torture is administered by its
officials during interrogation. Amnesty International, on the
other hand, has on numerous occasions alleged, most recently
in a report dated March 1986, that the Government is
responsible for arbitrary arrests, torture, and extrajudicial
executions. Amnesty's report refers to acts allegedly
committed by Zairian armed forces in Shaba in the period July
1984-July 1985. Amnesty maintains that torture and physical
mistreatment of detainees is routine in most Zairian places of
detention. It is likely that physical mistreatment of
detainees, particularly the use of undue force at the time of
arrest and during preliminary interrogation, is common
practice. There are regular reports of unsanitary and
overcrowded facilities, malnutrition, and starvation among
prisoners. A lack of concern at senior levels, incompetence,
corruption, and limited funding all contribute to these
problems, although they also stem from ingrained social and
economic factors. A commission established in 1985 to
investigate prison and judicial performance continued its
work, albeit at a slow pace. The Government's failure to
provide additional resources hampered efforts to expand its
activities in the interior of the country, where the situation
is as serious as it is in Kinshasa.

Undisciplined and underpaid police and military personnel
often abuse their authority by harassing and extorting money
from civilians, who have reportedly been killed in some of
these incidents. Because of the popular discontent these
practices create, authorities are making efforts to improve
the discipline of security personnel. Soldiers in the Shaba
region, for example, have been instructed to improve their
treatment of civilians, and the head of the gendarmerie in
Kinshasa has instituted a campaign against police agents who
prey upon the population. In November the military
intelligence service was dissolved, and several of its
officers were discharged from the army for abusing their
authority. In a related development, a number of paramilitary
civil guards were discharged and publicly criticized for

355

ZAIRE

illegally harassing the civilian population. Despite the
ongoing campaign ro check the excesses of security personnel,
serious problems remain.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrest and prolonged detention without charges
remain common occurrences, affecting most people who come into
contact with the criminal justice system. By law those
arrested must be brought before a magistrate to hear charges
within 48 hours of arrest. In practice, however, suspects are
often arrested and held for months without a hearing.
Detainees with financial resources are known to buy their way
out of detention without the charges ever being filed.

When formally arraigned, most political detainees are charged
with subversion or "damage to the internal security of the
State." Judicial and nonjudicial sanctions are authorized by
law against persons suspected of threatening state security.
In practice, most individuals detained for political reasons
are held by means of nonjudicial sanctions which range from
administrative detention and house arrest to internal exile to
villages of origin and restriction of movement and travel.
They are not formally charged or tried, remaining in detention
or internal exile arbitrarily until the President chooses to
release them. Such arrests and relegations are made openly,
and the whereabouts of detainees are known, at least
unofficially, although it is sometimes not acknowledged by the
Government .

Estimates of the number of people detained or sentenced for
essentially nonviolent expression of political beliefs vary
greatly and are often out of date as detainees are released or
others arrested, often for short periods of time. Estimates
at the beginning of 1986 ran from 50 to 60. A number of
militants of the UDPS, including 6 of the 13 former
parliamentarians who initially founded the UDPS, were sent
into internal exile in June 1986. Two of these leaders,
Tshisekedi wa Mulumba and Kanana Tshiongo, were tried for
insulting the President and sentenced to 18 months
imprisonment in January, released in February, and rearrested
and internally exiled in June. UDPS sources abroad have
listed 36 members detained in Zaire as well as another 37
relegated, and they allege that this list is incomplete. In
addition, there are reports that some persons detained for
political beliefs are not associated with the UDPS. On the
other hand, the detention of large numbers of persons in
Kalemie and Moba following the rebel attacks in 1984 and 1985
has ended. The best estimate of the number of political
detainees (including those relegated to their native villages)
and prisoners at the end of 1986 was 80 to 90. The Government
maintains that it holds no political prisoners. There were no
known cases of exile or expulsion of Zairians from the country
in 1986.

Zairian legislation provides for compulsory civilian service
for graduates from pedagogical and technical institutes, and a
government ordinance authorizes imprisonment with compulsory
labor for tax defaulters. There are no known instances in
which tax defaulters have actually been sentenced to
compulsory labor, although imprisonment at hard labor is a
common sentence for those convicted of crimes.

356

ZAIRE

e. Denial of Fair Public Trial

Defendants are guaranteed the right to a public trial and
defense counsel by the Constitution. In practice, however,
most citizens are not aware of these rights, and there is an
insufficient number of lawyers in Zaire to provide adequate
counsel to most defendants. When available, defense counsel
generally function freely and without coercion from the
Government in nonpolitical cases. Most defendants who are
aware of their rights avail themselves of the right to
appeal. Decisions of the Court of State Security involving
national security, armed robbery, and smuggling are not
subject to appeal, although all other procedural protections
of the criminal code do apply. Military court procedures also
do not provide for appeal. While military courts generally
try only cases involving military personnel, in time of
emergency or during military operations, the President can
suspend civilian courts and transfer jurisdiction over all
cases to military courts (as was done in the Moba-Kalemie area
in late 1984) .

There is criticism of the judicial process on two levels. At
the political level, all judges are subject to party
discipline. The result is that, while judges in fact perform
their function without political interference in the great
majority of cases, in sensitive or highly politicized cases
they operate under implicit or explicit constraints from the
executive or security forces.

At the daily operational level, there is concern that, in
addition to the security authorities harassing citizens, some
poorly paid magistrates also seek bribes and apply the full
rigor of the law essentially to those who are unable to pay
such bribes. In response to these concerns, the Government
took steps in 1986 to improve the administration of justice.
In November President Mobutu turned over the Ministry of
Justice and the judiciary to a senior political figure,
charging him with reforming the system and announced the
creation at the Executive Council (ministerial) level of a
Department of Citizens' Rights and Liberties, which is headed
by an influential former Supreme Court justice. The new
Department is charged with placing representatives throughout
the country at zone (county/ward) level and in all major
enterprises, both public and private, and is responsible for
investigating the complaints of Zairians who feel that their
legal rights have been abridged by administrative, military,
or judicial agents. In cases where such abuses are
identified, the Department of Citizens' Rights and Liberties
is empowered to offer redress to the victims of unjust
decisions. A first result was the announcement at the
beginning of 1987 of the release of 165 detainees who had been
imprisoned under "irregular conditions."

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Party and state security organizations extend down to the
neighborhood level, and both maintain liaison offices in all
government agencies (including military units, universities,
the Legislative Council, ministries, etc.). Party officials,
civil servants, armed forces personnel, parliamentarians, and
employees of state enterprises pay an obligatory tax to
support the activities of the party's major organs (cadre
training, mobilization, propaganda, and youth) . These party

357

ZAIRE

cadres are also required to attend the party's training
institute. Nonattendance can result in reprimands and
suspensions. Governinent employees, market vendors, and
blue-collar workers are often required to participate in
public events — parades, official arrival and departure
ceremonies, etc. — or risk being suspended from their jobs. In
line with the party-state's ideology of "Zairian
authenticity," Zairian men are forbidden to wear ties and
women to wear slacks or wigs. Zairians are also forbidden in
principle to use non-African names.

Judicial warrants are required by law before the police are
permitted to search a home, except in cases of threats to
national security. In practice, however, police and security
authorities enter and search homes without such warrants.
Mail is opened sporadically by security services, some
telephone conversations are tapped, and government informers
monitor places of residence as well as of work. In civil
cases where defendants have been found guilty of fraud or
embezzlement from the Government, their property and homes can
be confiscated without reimbursement.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees the right of all citizens to
express freely their opinions and feelings, either orally or
in writing, but subordinates that and all other rights to the
need to ensure "public order and good conduct." All Zairians
are automatically members of the sole political party, the
Popular Movement for the Revolution (MRP) . The ideology of
the MRP, and thus the only acceptable public profession of
political thought, comprises the views and policies of the
party's president and founder. President Mobutu Sese Seko. As
in many one-party systems, the theater, songs, and
all-pervasive street gossip are important forums for
communicating popular opinions and news.

Radio and television are owned and operated by the State. The
major newspapers are privately owned but are believed to
depend upon significant government subsidies for survival. In
addition, they receive most of their news from the Zairian
National Press Agency (AZAP), a state organization. The media
are expected to promote the ideals and principles of the sole
political party. Generally, publishers and editors are active
party members. Commentary on politically sensitive internal
issues as well as on foreign policy options is discouraged,
and direct criticism of the President is forbidden. While
journalists are circumspect in their criticism of other high
officials as well, criticism of certain government practices,
inadequate services, and corruption frequently appears in
print .

Media censorship tends to be self-imposed, but in certain
situations political authorities restrict the scope of
journalistic inquiry by both Zairian and foreign journalists.
In 1986 one Zairian magazine was banned and its publisher
detained without charge for over 6 months when he printed
articles which criticized actions of high government
officials. The foreign representative of an international
news syndicate was expelled from Zaire for filing reports that
were unflattering to the Government, and several other foreign
journalists were denied permission to visit Zaire to report on

sm.

ZAIRE

topics which the Governitient did not wish broached. All
foreign journalists wishing to visit Zaire must receive prior
permission from the Ministry of Information, and Zairian
journalists must be members of the press union in order to
practice their profession. The threat of ouster from the
union and consequent loss of livelihood are strong inducements
toward self-censorship. There are several clandestine presses
which operate sporadically, printing flyers and handbills
critical of the Government and various Zairian leaders.

Artistic and academic freedom of expression are subject to the
same restrictions and self-censorship as the press. Mandatory
membership in professional organizations and well-developed
informer networks serve to discourage dissent. From time to
time, books, films, and certain issues of newspapers and
magazines are banned. Imported publications, including books
and periodicals, are subject to censorship if they are
critical of Zaire or its Government.

b. Freedom of Peaceful Assembly and Association

Only the party and its affiliates may hold public meetings.
The Government permits the existence of nonpolitical
associations, but in principle they must notify authorities
when they plan meetings or activities involving more than five
people. The Government can also prohibit meetings which
continue after 9 p.m. Meetings of nonofficial organizations
and of some religious sects (see Section 2.c. below) have been
disrupted on occasion by government agents because of
suspected political activities.

The labor movement in Zaire is limited to one national union,
the National Union of Zairian Workers (UNTZA), which is an
integral unit of the sole political party. The secretary
general of UNTZA is a member of the party's central committee,
and union officials at the regional level serve on regional
party committees. UNTZA has the right to bargain collectively
with employers and provides significant social and educational
services to members and their families. It works with the
Government to improve worker benefits. However, it is unable
to promote worker interests or defend worker rights which run
counter to government policies. The right to strike is
included in the labor law, but because the law establishes
lengthy and mandatory arbitration and appeal procedures which
result in the resolution of most labor disputes, in practice
lawful strikes do not occur. There were nonetheless several
short, unauthorized, but tolerated strikes in the private
sector during 1986 which generally succeeded in focusing
government and management attention on union concerns.

Membership in UNTZA is compulsory for civil servants,
employees of state enterprises, and employees of private firms
with at least 20 employees. The union claims over 1 million
workers as dues-paying members. However, the overwhelming
majority of the work force is self-employed, either in the
unofficial sector or in subsistence agriculture, which is not
covered by the union. UNTZA participates actively in the
International Labor Organization and the Organization of
African Trade Union Unity and maintains ties with a number of
foreign labor confederations.

c. Freedom of Religion

Zairians enjoy freedom of religion, which is recognized in the
Constitution. The Government officially sanctions most of the

359

ZAIRE

major world religions and provides procedures for new churches
to obtain government recognition. Traditional African
religious groups are tolerated but not officially recognized.
The three major religions in Zaire are Catholicism — 50
percent. Protestantism — 36 percent, and Islam — 5 percent. In
1986 the Government took firm steps to clamp down on a number
of religious groups considered to be politically deviant or
dangerous. Several sects and religious groups, including the
Jehovah's Witnesses, were banned, thus effectively preventing
them from operating in Zaire. The Government officially
charged these groups with: (a) intentional fraud in
financially bilking the public; (b) subversive activities such
as operating fronts for opposition political movements; or (c)
refusing to participate in civic demonstrations (saluting the
flag, singing the national anthem, etc.) and/or the party's
political "animation" sessions. For example, the Government
banned religious meetings in Mbuji-Mayi, the capital of Kasai
Oriental and a traditional center of Baluba antipathy to the
central Government. It also banned 10 unconventional groups
in Mbandaka, the capital of Equateur region, citing antisocial
activities. Members of these banned organizations reported
that some of them had suffered officially sanctioned abuses
such as beatings, destruction or seizure of personal and
church property, fines, imprisonment, and expulsion from
schools or workplaces.

Officially recognized religions are free to establish places
of worship and to train clergy. Most churches maintain active
links with coreligionists outside the country, and expatriate
missionaries are allowed to proselytize and to serve both
Zairian and expatriate congregations. However, some
expatriate Jehovah's Witness missionaries were rec[uired to
leave the country. Affiliation with a recognized religion
confers neither advantage nor disadvantage with respect to
secular status.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government at times imposes special documentation
requirements for travel to areas of unrest or security
concern. As noted earlier, the Government also restricts some
dissidents to villages of origin. All citizens, refugees, and
permanent residents must carry government-issued identity
cards, and police and military personnel often set up
checkpoints along major roads to inspect papers. Those whose
papers are not in order must pay a fine or spend time in
jail. In principle, any Zairian citizen may obtain a passport
and exit visa, although on occasion government and security
officials have impeded issuance in order to prevent or disrupt
travel of persons suspected of political opposition to the
Government. A married woman must have her husband's
permission before obtaining a passport.

At the end of 1986, there were 53,000 officially registered
Zairians living as displaced persons or refugees in
neighboring countries. Many refugees and displaced persons
have returned under amnesties declared in 1978 and 1983, and
negotiations occur sporadically with refugee groups or the
countries where they reside for additional repatriations. It
is likely that many Zairian displaced persons could return to
Zaire if they wished. A number of political opponents of the
Government, however, live in self-imposed exile in Europe and

360

ZAIRE

probably could not return safely without renouncing their
political views.

In September 1986, Zaire was providing a safe haven to
approximately 325,000 displaced persons from neighboring
countries. Generally such people pass freely into Zaire and
are allowed to settle on the land or seek employment. The
Government considers them to be resettled until such time as
they decide to return to their country of origin. Although
the Government generally accepts displaced persons, it does
not have the resources to provide assistance beyond free land,
and international agencies play an active role in providing
humanitarian assistance. At times, displaced persons from
neighboring countries (particularly Angola) have been
detained, harassed, or closely monitored by security forces on
suspicion of illegal political activity.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Citizens have no right to change their Government through
present institutions. Political power in Zaire is highly
centralized and controlled by the President, who makes all
important decisions. Under Zaire's Constitution, the State is
essentially the executive organ of the country's sole
political party, the Popular Movement of The Revolution.
Party congresses meet every 5 years under the guidance of the
President to set national political guidelines, which are then
supplemented by resolutions of the party's central committee.
These policies are executed by the Prime Minister and Cabinet,
both appointed by the President. Advocacy of a multiparty
system or opposition to the party-state are both
unconstitutional and illegal, as are actions which question
the authority of the President and the political system.

Suffrage is universal over age 18, and voting is mandatory,
enforced by penalties including fines or arrest. The national
Parliament, municipal councils, and rural and urban zone
councils are chosen by direct popular elections which take
place every 5 years, with the next one scheduled for 1987.
All candidates are screened by party committees at the
appropriate level, but voters generally have a choice of
several candidates. President Mobutu was reelected in 1984
with no opposition to a third 7-year term in office.

Since 1980 a group of former parliamentarians has been
involved in an effort to establish a second political party,
the Union for Democracy and Social Progress (UDPS) . Their
efforts have been rebuffed by the official party and by the
President, and they have suffered arrest and detention at
various times over the past 6 years. Members of the group,
including most of its leaders, were sent into internal exile
in June 1986 after a dialogue between UDPS leaders and
President Mobutu failed to convince the UDPS to rejoin the
official party. A significant number of other UDPS members
remain in detention at various locations around the country.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government stresses the importance of the principle of
noninterference by outside organizations (and states) in its
internal affairs but maintains that Zaire has nothing to hide

361

ZAIRE

in terms of human rights policies, and it denies charges of
systematic or serious violations. Its attitude toward
external investigation of alleged human rights violations has
in practice been mixed. Zaire has in the past cooperated with
the International Committee of the Red Cross (ICRC), which has
had permanent representation in Zaire since 1978. In the
first 6 months of 1986, it permitted the ICRC to visit
detention centers and prisons both in Kinshasa and the
interior of the country. However, Zaire has not permitted the
ICRC access to prisons since mid-June, at the time of the
arrest/relegation of the UDPS leadership.

In 1986 Amnesty International leveled harsh criticism at Zaire
in a series of newsletters and reports, noting, inter alia,
its concerns over the 1985 arrest of members of the UDPS. The
Government has generally contended that Amnesty
International's reports are inaccurate and biased since they
are based upon the testimony of misinformed Zairian dissidents
living in Europe. The Government has not allowed Amnesty's
representatives to visit Zaire since 1982. However, in
October President Mobutu acknowledged publicly that some of
Amnesty's more recent allegations were well founded. He cited
this finding in explaining the decision to establish the new
Department of Citizens' Rights and Liberties. In August
Amnesty restated its position that the Government had failed
to respond to its many requests to visit Zaire.

A local organization purporting to study human rights issues
was inactive in 1986, and in the past it did not address
itself to specific Zairian problems, concentrating instead on
general issues.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Home to approximately 300 disparate ethnic groups, most of
which have their own tribal languages, Zaire has a population
of 30.7 million. The Government has sought to defuse disputes
based on linguistic or ethnic diversity by adopting French as
the official language of government and education. Four
vehicular languages — Lingala, Swahili, Tshiluba, and
Kikongo — also serve to bridge the communication gap with
smaller tribal groups. Many urban Zairians speak Lingala, the
languages used in both the army and the capital city, or
Swahili in the east of the country. However, the fact that
many rural people are unacquainted with these languages
complicates their dealings with government and military
officials .

The Government strives to counter ethnic divisions by
recruiting ministers and other high government officials from
all regions and major ethnic groups. One longtime hallmark of
the Mobutu Government is an emphasis of the primacy of a
Zairian national identity. In 1986 government mediators
helped settle at least two interclan disputes. At the local
level, the Government recognizes group differences by giving
tribal elders and customary chiefs authority in many local
matters .

The role of women in Zairian society is given great emphasis
in party doctrine. Women's rights to own property and
participate in the political and economic sectors are
protected by law, and a growing number of women work in the
professions, government service, and the universities.

362

ZAIRE

Nevertheless, custom, tradition, and existing law continue to
constrain women from attaining a position of complete equality
in society. Women generally earn less than their male
counterparts in the same jobs. In addition, married women
must obtain their husband's authorization before opening a
bank account, accepting a job, obtaining a passport, and
renting or selling real estate. A new universally applicable
family code — which encompasses everything from women's rights
to divorce laws to inheritance regulations — has been approved
by the Parliament and awaited only the President's signature
at the end of 1986.

CONDITIONS OF LABOR

As in much of the rest of Africa, unemployment and
underemployment are serious problems. Since independence, the
percentage of rural population engaged in subsistence
agriculture has actually increased to 75 percent. Zaire has
been implementing a stringent program of economic reform since
1983 in cooperation with the International Monetary Fund.
Faced with drastically reduced prices for its main export
commodities, Zaire has not been able to achieve positive per
capita economic growth rates. During the past 4 years, the
industrial base has expanded with the creation of several
small and middle-sized enterprises. However, the industrial
sector as a whole operated at much less than full capacity in
1986. While wages are generally above the minimum wage, that
minimum by itself is insufficient to provide an adequate
living for a worker. Workers in the formal private sector
also benefit from fringe benefit packages making up more than
half the total wage package. Many civil servants supplement
their incomes through commercial activities, frequently in the
informal unregulated sector. Low salaries and job insecurity
have contributed to corruption in the Government and
military. Recent government reforms include a new minimum
agricultural wage, a higher minimum industrial wage, revisions
in the Government's personnel system to provide comparable pay
for comparable work throughout the military and civil service,
and a sizable increase in the wages of civil servants in June
1986.

Worker rights are protected by law, but the fact that such a
large percentage of the work force is in the informal sector
limits the effectiveness of those laws. The minimum age for
emploiTiient in Zaire is 14 years. However, many children under
14 are engaged in various income-earning activities and are
often a major source of family income. Workers employed in
the public and organized private sector have generally
acceptable conditions of work: working hours are set by law
and collective bargaining and do not exceed 48 hours a v;eek;
workers enjoy a full 24-hour rest day per week, and many have
a 48-hour weekend; paid holidays and vacations are required by
law and are included in all labor contracts; and workplaces
are required to meet minimum health standards set by law.

363

U.S.OVERStAS

•LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: ZAIRE

1984

1985

1986

I.5C0N
L
G
A. AID
L
G
(SE

a.FOO

TITLE

?EPA

PAY.

TITLE

E.RE

i/OL.

C.OTH

. ASSIST. -TOTAL..

CANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

pp. ASSIST.) ..
^ PEACE

DIAL

H $-LOANS

FOR. CURR

TOTAL ,

.EC.OEV 5 WFP.

EF AGENCY

CON. ASSIST...

CE CORPS.
COTICS. .,
ER ,

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.EO.TRNJG. .
3.TRAN-EXCESS STOCK.
E. OTHER GRANTS

III. TOTAL ECON. 8 MIL,

LOANS

GRANTS ,

46.0

61.1

15.0

20.4

31.0

43.7

23.6

35.5

0.0

D.4

25.6

35.1

10. D

10.4

15.8

20.6

15.0

20.0

0.8

0.6

15.0

20.0

15.0

20.0

0.3

0.0

0.8

0.6

0.0

0.8

D.6

4.6

5.0

0.0

4.6

5.0

4.6

5.0

0.0

7.8

3.3

0.3

0.0

7.8

8.3

7.0

0.0

0.8

1.3

0.0

53.8

69.4

15.0

•20.4

38.8

49.0

43.2

0.0

43.2

48.2

0.0

48.
24.

0.
0.
0,

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

8.0
0.0
3.0
6.7
0.0
1.3
0.0
0.0

56.2

0.0
56.2

OTHER US LOAN^ .

9
0
9

0
9

3
0
0

0.
0.
0

EX-IM SANK
ALL OTHER.

LOANS

0
0

ASSISTANCE

FROM

INTERNATIONAL
1934 1985

AGENCIES
1986

1946-

-86

TOTAL

153.9

157.7

191 .7

1595.1

IBRD

3.0

0.3

110.0

331.7

IFC

3.6

21.9

0.0

27.6

IDA

66.5

91 .4

81.7

735..2

ID3

0.0

Aoa

3.0

0.0

AFD3

39.5

41.1

0.0

204.7

UNOP

2.3

3.3

0.0

77.2

OTHER-UN

3.0

O.G

0.0

26.3

ee:

3.0

0.0

192.4

364

ZAMBIA

Zambia is a one-party state in which individual rights, basic
freedoms, and due process are generally respected while some
political rights are restricted. Much of the power is
concentrated in the hands of the President, Kenneth Kaunda, who
was reelected without opposition to his fifth consecutive
5-year term in 1983. He is advised by a central committee of
party leaders and governs through a Cabinet and a Parliament.
Candidates for political office at any level must be members of
the United National Independence Party (UNIP), but there is
strong competition for parliamentary seats within the
single-party structure. The President possesses sweeping
powers — conferred on him by emergency legislation which dates
from 1964 — to suspend observance of legal rights in the
"interest of state security." The Constitution also allows the
National Assembly to suspend basic constitutional guarantees.

The Zambian Intelligence and Security Service is tasked with
intelligence gathering and counterespionage responsibilities.
In 1986 laws creating a volunteer vigilante force under the
Ministry of Home Affairs were enacted. Urban crime and
smuggling are widespread and growing, severely taxing the
limited capabilities of Zambia's police and military forces.
Food riots in Lusaka, the capital, and several other cities in
mid-December further strained the security forces and saw the
first use of army troops in a civil disorder in 20 years.

Zambia's economy continues to be severely depressed due to
factors such as high debt servicing, low prices for the
country's mineral exports, low agricultural production, and
internal management problems. Also, the rapid rate of
population growth is outstripping increases in productivity.
There has been a continuing decline in the standard of living,
but the Government is taking steps to improve management of the
economy and to encourage the private sector.

Following a South African airstrike against Zambia on May 19,
there were widespread detentions of persons suspected of being
South African spies. A number of these people, primarily white
foreigners, were mistreated, sometimes severely. Several
governments formally protested mistreatment of their nationals
while under detention.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no killings for which there was evidence of
political motivation or government instigation.

b. Disappearance

No cases of politically motivated disappearance were known to
have occurred.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture, but there are credible
allegations that police and military personnel have resorted to
torture when interrogating detainees. A number of foreign

365

ZAMBIA

nationals have alleged that they were detained and tortured in
order to extract confessions that they were foreign agents.

The courts frequently order investigations to ascertain if
confessions or statements were made after torture or physical
or mental mistreatment and have consistently rejected
statements obtained under duress. Abuses of prisoners are
reported to include beatings, sexual abuse, pain inflicted on
various parts of the body, long periods of solitary
confinement, and threats of execution or physical
mistreatment. Prisoners have successfully sued the State for
damages as a result of prison abuses.

Zambian prisons are severely overcrowded, understaffed, and
unsanitary. In the past 21 years, the prison population has
grown from 5,000 to 11,000 with no corresponding growth in
facilities. Medical facilities are meager, but prisoners with
serious medical problems are treated in public hospitals.
Prisoners are generally segregated by sex, seriousness of
offense, and age group. There is no institutional
differentiation in the treatment of different categories of
prisoners charged or convicted under civil or criminal statutes.

d. Arbitrary Arrest, Detention, or Exile

Under the state of emergency, in effect since independence in
1964, the President has broad discretion to detain or restrict
the movements of persons. Detention procedures have been
revised to conform with the provisions of the Constitution and
have increased the President's authority. The President can
order that a detainee be incarcerated indefinitely and is not
legally bound to accept a court's ruling of acquittal if he
still believes that the detainee is guilty. In practice,
however, detainees are almost always released if the court
finds in their favor. By law, presidential detainees are
entitled to formal notification of the reasons for their
detention within 14 days of arrest; publication of their
detention in the government Gazette; access to counsel;
frequent visitation by family and colleagues; immediate
representation to the detaining authority; and the right to
seek judicial review of the detention order by an independent
and impartial tribunal after 1 year. Presidential detainees
have their cases heard by the High Court and have the right to
appeal to the Supreme Court.

It is estimated that approximately 25 presidential detainees
are currently held in Zambia. During 1986 presidential
detention was used to arrest about 20 persons. Most of the
detainees are seeking their release through court actions, but
this can be a slow process which takes anywhere from a few
months to several years. Detainees can sue the State for
unlawful detention and false imprisonment.

The 22-year old state of emergency also gives law officers and
defense personnel extraordinary powers. Police officers of
assistant inspector rank and above may arrest without a warrant
and detain a person for up to 28 days if the officer has reason
to believe that a presidential detention order is justified.
Police must provide the detainee with the reasons for his
detention within 14 days of arrest. However, there are
credible reports that these rights are not always respected.
Security officers have broad powers to search suspects and
their homes and sometimes act without warrants when looking for
smugglers or illegal aliens.

366

ZAMBIA

Slavery, involuntary servitude, and forced labor are prohibited
by the Constitution. These prohibitions are observed in
practice.

e. Denial of Fair Public Trial

The Zambian judicial system consists of a Supreme Court with
appellate powers and a series of lower courts, of which the
High Court is the most important. Presidential detainees are
not automatically guaranteed public trials, but the majority
have been tried in public. The safeguards of English common
law are provided in court cases not involving presidential
detainees. Independent observation confirms the independence
of the Zambian judiciary from executive branch influence. The
President's power to appoint and transfer judges has sometimes
been cited as proof that judicial independence can be
compromised. However, there is no evidence that such power has
swayed court decisions.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government does not require membership in political
organizations and usually does not monitor correspondence or
telephones or otherwise interfere in family life. The sanctity
of the home is generally respected, except in isolated
incidents relating to the national emergency or to roundups of
illegal aliens. In such cases, security forces often enter the
homes of suspects without search warrants.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There is considerable freedom of press and speech in Zambia,
and the press regularly reports criticism of government
activities expressed by sources ranging from elected officials
to average citizens. The two national dailies are owned by the
Government and the party respectively, but substantial
commentary critical of party and government performance is
permitted. The papers discuss economic policy, corruption, and
poor administration. However, negative comments concerning the
Head of State, the concept of the one-party state, or the
national philosophy, "Humanism", are prohibited. Journalists
and commentators know the limits of criticism and also avoid
reporting which could lead to charges of libel and slander.

An independent biweekly paper, which is sometimes critical of
official policies, is published by an association of churches,
and two other independent papers focus on mining and financial
subjects. Television and radio are owned and operated by the
Government, but frequent panel discussion programs provide for
a wide range of views on Zambian issues.

While the possibility of censorship of foreign publications and
news items exists, it is seldom invoked. Academic freedom is
highly respected in Zambian society, and educators are
outspoken in their commitment to an educational system free of
government influence. There is little or no governmental
influence in matters relating to curriculum, student selection,
or faculty assignment.

367

ZAMBIA

b. Freedom of Peaceful Assembly and Association

Police permits are required for meetings, rallies, or marches.
These permits are issued routinely, unless the Government
believes the proceedings are likely to be directed against
local authorities. While there is a ban on all political
activity outside the one-party structure, Zambia has a
profusion of trade associations and professional groups which
can serve as unofficial pressure groups on various economic,
political, and social subjects.

Zambia has a history of strong labor union organizations,
dating from the establishment of large copper mines during the
1930's. Zambia's 18 national labor unions, which are organized
by industry or profession, are all members of the Zambia
Congress of Trade Unions (ZCTU). Member unions defend worker
interests, especially regarding wages and conditions of work,
and have the right to bargain collectively. Under existing
legislation, strikes are permitted only for specific reasons
and only after all other recourse has been exhausted.
Virtually all strikes are illegal, since they almost always
commence before the mandatory process of mediation has run its
course. However, the Government has normally relied on
persuasion and continued mediation to end strikes once they
have begun. A series of wildcat strikes during 1985, involving
workers in such important sectors as finance and mining,
resulted in a government decree declaring workers in most
sectors of the economy "essential" and therefore liable to
prosecution for illegal strike action. However, the Government
has yet to invoke this decree. The ZCTU is not controlled by
the party or Government, and union leaders frequently criticize
government policy on such subjects as wages, economic policy,
conditions of service, and labor representation in party and
government organs. The ZCTU is democratic and regularly
conducts open elections to select its leadership. It is active
in the International Labor Organization and is a member of the
Organization of African Trade Union Unity.

c. Freedom of Religion

Freedom of religion is constitutionally guaranteed and has been
publicly supported by President Kaunda . Zambia has no state
religion, and adherence to a particular faith does not confer
either advantage or disadvantage. Christian missionaries from
a wide variety of faiths operate in the country. While
Jehovah's Witnesses are prohibited from proselytizing, the sect
functions openly, and its freedom not to participate in various
secular activities such as voting, singing the national anthem,
and saluting the flag, has been upheld in the courts and
supported by senior party leaders. Lay associations and
religious youth groups operate independently of party control
or influence.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The President may, under the etnergency legislation, restrict
the movement of persons within Zambia, although this authority
is seldom if ever used. The Government also reserves the right
to refuse to issue or to withdraw passports to prevent foreign
travel by persons whose activities are considered inimical to
Zambian interests. Such restrictions are occasionally
applied. Strict currency regulations also serve to inhibit
foreign travel or emigration.

368

ZAMBIA

Acquisition, loss, or revocation of citizenship is governed by
constitutional provisions and laws administered by the
citizenship board. However, the President also has power to
grant or revoke citizenship on an extraordinary basis.

Zambia has long played host to a considerable refugee
population that originates in several strife-torn southern
African countries. The United Nations High Commissioner for
Refugees (UNHCR) estimates that there are approximately 130,000
refugees in Zambia. The largest group of refugees is from
Angola, with significant numbers from Zaire, Namibia,
Mozambique, and South Africa. Smaller numbers are from Malawi
and Zimbabwe. Many of the Angolans and Zaireans have
spontaneously resettled in western and northwestern provinces
respectively since the ethnic compositions on both sides of the
border are similar. The Zambian Government operates two large
refugee resettlement centers, and the Southwest African
People's Organization operates one camp.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since 1973, the United National Independence Party, with an
estimated membership of less than 10 percent of the adult
population, has been Zambia's sole legal political party.
Power is concentrated in the hands of the President as leader
of the party and Head of State. He plays a dominant role in
determining the membership of Zambia's top executive
institutions, the party central committee, and the Cabinet,
although traditionally both bodies contain a general balance of
regional and tribal representation.

Candidates for political office at any level must be members of
the party and are subject to close examination for suitability
by senior party authorities. In practice, the political system
is open to individuals of somewhat divergent opinions provided
they are willing to work within the one-party structure and not
challenge the President's preeminent position. In the latest
parliamentary elections in 1983, 760 candidates contested 125
seats; 40 incumbents were defeated, including 7 ministers of
state.

The National Assembly is reflective of constituent interests
and sometimes thwarts or modifies executive branch policies and
programs. It can also be critical of such policies, as was
demonstrated a number of times in 1986 when members of
Parliament railed against government expenditures, poor
services, and economic reforms. Presidential and general
elections are by universal suffrage, but the numbering of
ballots, which could be cross-checked against voter
registration numbers, could undermine the secrecy of the ballot.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

While there is no public record of the Zambian Government
having been subject to such investigations during 1986, the
Government neither encourages nor hinders inquiries or visits
by human rights organizations.

Section 5 Discrimination based on Race, Sex, Religion,
Language, or Social Status

Economic and social needs and cultural aspirations are met on a
generally nondiscriminatory basis in Zambia.

369

ZAMBIA

Under statutory law, women generally enjoy full equality with
men, and women participate increasingly in Zambia's social,
economic, and political life. They hold some senior positions
in the party, the Government, and the judiciary and are gaining
increasing representation in the professions and higher
education. In 1986 there were 3 women on the party's 25-member
central committee. Nevertheless, the majority of Zambian women
still occupy traditional roles. Customary law and practice
still compete on a de facto basis in most rural areas with
Zambia's Constitution and codified laws. Customary statutes
place women in subordinate or unequal status with respect to
property, inheritance, and marriage. The Law Development
Commission is seeking ways to remove such anomalies. In
Zambia's traditional society, women's primary role is bearing
and raising children. They also make a major contribution to
food production. Female students can be admitted to secondary
school with lower passing marks than male students as part of
Zambia's "affirmative action" program.

CONDITIONS OF LABOR

Zambian law regulates minimum health and safety standards and
worker rights in any industrial undertaking. Boards appointed
by the Government, which include worker and employer
representatives, fix minimum wages, overtime pay rates, and
conditions of employment. Women are excluded from night work
and a variety of hazardous occupations. Age restrictions apply
to the industrial sector, and there are only a few cases of
employees under age 16. However, persons under age 14 are
often employed in the commercial and agricultural sectors.

370

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: ZAMBIA

1984

1985

1986

I.iCON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
/OL.R
C.DTHE
LO
GR

ASSIST. -TOTAL..

ANS ,

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. ,

FOR PEACE

ANS

ANTS

I-TOTAL

. IN S-LOANS....,

IN FOR. CURR

II-TOTAL

lEF.EC.OEV S WFP.
ELIEF AGENCY....,
R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II. MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. HAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.E0.TRN6. .
D.TRAN-EXCESS 5T0CK,
E. OTHER GRANTS.

III. TOTAL ECON. 8 MIL,

LOANS

GRANTS ,

36.4

52.4

19,5

10.0

0.0

26.4

42.4

19.5

21.3

42.4

19.5

0.3

0.0

21.3

42.4

19.5

21.3

40.2

17.2

15.1

10.0

0.0

10.0

0.0

5.1

0.0

10.0

0.0

10.0

0.0

0.3

0.0

5.1

0.0

5.1

0.0

0,0

0.0

D.O

0.0

O.G

0.0

o-.o

0.0

36.4

52.4

19.5

10.0

•10.0

0.0

26.4

42.4

19.5

OTHER US LOANS...,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.0
0.0
3.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

104.9

124.5

91.1

1244.2

IBRD

75.0

0.0

655.6

if:

5.8

0.0

100.4

IDA

22.4

52.1

91.1

273,7

103

0.0

AD3

0.0

AFDB

0.0

72.2

0.0

134.3

UNDP

0.2

0.0

32.9

OTHER-UN

1.5

0.0'

0.0

5.3

t c ^

0.0

o.c

0.0

42.0

371

ZIMBABWE

Zimbabwe is a parliamentary-style democracy. A single party,
the Zimbabwe African National Union-Popular Front (ZANU),
dominates the legislative and executive branches of
government. The Prime Minister of the Government and
President of ZANU, Robert Mugabe, has announced plans to
create a one-party state through revision of the Constitution
beginning in 1987. The strength and influence of opposition
parties, particularly the Zimbabwe African Peoples Union
(ZAPU), led by Joshua Nkomo, have declined since independence
in 1980. Historical conflict between the two major tribal
groupings, the Shona-speaking majority (supporting ZANU) and
the Sindebele-speaking minority (loyal to ZAPU), continued,
but negotiations were under way throughout 1986 to merge ZANU
and ZAPU in a move designed to ease those deeply-rooted tribal
and regional differences.

The security forces have three branches. The Zimbabwe
Republic Police is responsible for maintaining law and order.
Three police units are active in dealing with internal
security matters: the Criminal Investigation Division, the
Police Intelligence and Security Inspectorate, and the Police
Support Unit. All branches of the police report to the
Minister for Home Affairs, Enos Nkala. The Central
Intelligence Organization (CIO), attached to the Prime
Minister's office, has both an intelligence and
counterintelligence function. CIO operatives have police
powers and can arrest and interrogate suspects in internal
security cases. Finally, the armed forces are also involved
in internal security, usually in antidissident operations.
Most reports of human rights violations in 1986 have been
traced to the police. A lesser number of problems have been
attributed to the CIO. Unlike in previous years, few reports
of human rights abuses have been ascribed to the armed forces.

Zimbabwe has a wide range of resources, including both a
strong agricultural and manufacturing base, but its important
export-import capacity is heavily dependent on the rail links
that pass through South Africa. To overcome this dependency,
Zimbabwe has undertaken a major effort, with Western donor
support, to revitalize the rail-port system through Mozambique
to the town of Beira. In so doing, Zimbabwe has increasingly
become involved in the Mozambican civil strife and has
committed over 6,000 combat troops in support of the
Mozambican Government.

Repeated government efforts to deal with the dissident menace
in Ndebele/ZAPU-controlled areas, especially in Matabeleland,
form the background to most human rights problems in Zimbabwe
and to the continuing state of emergency. In 1986 increasing
fears of South African infiltration and possible
destabilization in Zimbabwe led to new detentions and
arrests. However, overall there was progress with respect to
human rights in 1986. After more than 3 years of often severe
repression of opposition political leaders and the civilian
population in Matabeleland, reports of political killings and
disappearances declined dramatically in 1986. Significant
numbers of political detainees, including leading political
and military figures associated with ZAPU, were released from
jail. The Government also instituted orderly repatriation
procedures for Sindebele speaking refugees who had fled to
Botswana. These developments coincided with efforts by ZANU
to preach reconciliation and unity with ZAPU.

372

ZIMBABWE

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

In a notable change from previous years, there were no reports
of political killings by government security forces. In
Matabeleland, there was a marked relaxation of tensions in
many rural areas attributable, in part, to more disciplined
behavior by security forces in actions against armed Zimbabwe
dissidents and suspected dissident sympathizers. The
Government also sharply curtailed ZANU youth actions which in
previous years had resulted in several deaths and considerable
destruction of property and terrorizing of ZAPU supporters.
In contrast, political killings by armed dissidents continued
in 1986. According to official government figures for the 6
months ending June 30, 1986, dissidents committed 57 murders,
46 rapes, and 104 armed robberies. Dissident tactics are
often brutal, include torture, and are aimed at members of
ZANU, government officials, and civilians accused of "selling
out" to the Government.

b. Disappearance

Human rights observers in both Harare and Bulawayo reported no
new cases of disappearance in 1986. This contrasted sharply
with the situation in 1985, when an estimated 300 to 400
persons were reportedly abducted by government security
forces. Little progress has been made in locating these
missing persons, almost all of whom were from Sindebele-
speaking regions. The families of several missing persons
were reported to be preparing legal action against the
Government for failure to investigate adequately the
disappearances. There was particular international concern
about the safety of one refugee, Makhatini Guduza, who was
involuntarily repatriated from Botswana in February and turned
over to Zimbabwean security officials. He is believed to be
in detention, although no human rights monitoring
organizations have been able to establish where he is being
held.

c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment

Reliable reports indicate that the authorities continued to
apply torture in many security-related cases, notably against
several persons detained after the May 1986 South African raid
on Harare. An American citizen detained by police at that
time reported seeing cellmates suffering from severe physical
abuse .

The most common form of torture appears to be physical
beating, including beating the soles of the feet to conceal
evidence of mistreatment. Electric shocks are reportedly
another, though less common, form of torture. The most
notorious technique of torture is reportedly simulated
drowning whereby the victim's head is placed in a water-filled
canvas bag or lowered into a bucket of water .

Senior government officials strongly deny that torture is
condoned but have admitted that isolated, unauthorized
instances may have occurred. In July Home Affairs Minister

373

ZIMBABWE

Nkala warned an audience of police officials that torture
would not be tolerated. This warning was preceded by the High
Court's awarding of $17,400 in damages ($8,700 to come from
Nkala and $8,700 from the officers specifically involved) to
an opposition politician who had claimed that he was illegally
arrested and tortured. However, despite official disclaimers,
reports indicate that prisoner mistreatment continued in 1986.

Available evidence shows that prison conditions in Zimbabwe
are generally spartan but not harsh. In particular, there
have been allegations of serious overcrowding, poor sanitary
and medical facilities, and routine torture in the notorious
Stops Camp detention facility in Bulawayo; however, foreign
visitors in February found that the Stops Camp, while small
and unsuitable for long-term detention, probably was equipped
to handle short-term prisoners in a humane fashion. The
Lawyers' Committee for Human Rights, a nongovernmental group
of American lawyers which has visited Zimbabwe, has noted that
there have also been a substantial number of reports of abuses
occurring at other detention facilities throughout
Matabeleland.

d. Arbitrary Arrest, Detention, or Exile

A state of emergency, renewed every 6 months by parliamentary
vote, has been in continuous effect in Zimbabwe since 1965.
Under the state of emergency, persons may be detained without
an arrest warrant and held up to 7 days before being informed
of the reasons for detention. Reasons for detention are often
so vaguely worded as to make meaningful representations by the
detainee on his own behalf impossible. After 30 days,
detainees must appear before an independent review tribunal
which can order the detainee's release if evidence is
insufficient to warrant continued incarceration. If the
tribunal recommends continued detention, however, the case
need not be reviewed again for another 6 months.

The Government has made extensive use of emergency powers in
vaguely defined security cases, particularly in the absence of
solid evidence of wrongdoing. Because the emergency powers
regulations do not require any evidence of criminal activity
before a suspect may be detained, the professionalism of
police investigations has been eroded. The most common
reasons for detention under the state of emergency are
suspected dissident activity, support for dissidents, or
spying for foreign powers, particularly South Africa.
Emergency powers have also been used to detain political
opponents of the ruling party on allegations of coup plotting.

It is virtually impossible to specify the number of persons
currently detained on politically related charges. Many will
probably never be brought to trial. In July a group of
approximately 60 political detainees (almost all from
Matabeleland) were released from jail. At least some of these
are believed to have been among the 90 to 100 persons an
eyewitness reported finding in the so-called "political block"
at a maximum security prison in Harare in June 1986. In
August 10 leading opposition politicians and military figures
who had been in detention without trial for a year (for
alleged coup plotting) were released by order of the Prime
Minister. In early December, the Government released another
five detainees, including former ZAPU military commander
Dumiso Dabengwa, who was acquitted of treason charges in 1983
and redetained under the Emergency Powers Act, and Phillip

374

ZIMBABWE

Hartlebury and Colin Evans, former CIO officers charged with
spying for South Africa, who were arrested in 1981, acquitted
in 1983, and then redetained under the same Act.

Dabengwa ' s release was the culmination of a year-long
government effort to improve atmospherics between ZANU and
ZAPU. With it, all top ZAPU leaders are now out of detention,
as are many lower level ZAPU-af filiated detainees. In
announcing the release from detention of the 10 prominent
ZAPU-af filiated political and military leaders, the Home
Affairs Minister stated that the cases of another 200
lower-level detainees would be reviewed with an eye towards
possible release. This number roughly corresponded with
independent estimates of the number of detainees held without
charges on suspicion of antigovernment activity. In December,
however, the Minister stated that only 31 detainees remained
in jail. There undoubtably have been piecemeal releases since
August in addition to the ones that have been publicized, but
observers doubt that the number of political detainees, as
defined by human rights groups, has dropped as low as 31.

Zimbabwe law forbids the use of forced labor, and forced labor
is not practiced in Zimbabwe.

e. Denial of Fair Public Trial

The number of political prisoners, as distinct from political
detainees who have never been brought to trial, is unknown.
However, the existing state of emergency regulations that
allow security authorities to hold detainees for long periods
of time without formally charging them with any crime render
distinctions between political prisoners and detainees almost
superfluous .

The Government displayed a new willingness in 1986 to
prosecute officials suspected of involvement in political
killings. In February courts sentenced a ZANU official to
death for the murder in 1985 of five members of the opposition
United African National Congress (UANC) party. In July courts
also sentenced to death four soldiers found guilty of the
abduction, torture, and murder in 1983 of an Ndebele army
lieutenant, his wife, and two civilian companions. While
these examples may help to discourage official violence, many
political killings from the 1982-85 period have not been
formally investigated and are unlikely to be.

The existence of an independent judiciary in Zimbabwe remains
a powerful deterrent to arbitrary arrest and detention, and
persons brought to trial in regular criminal/civil cases can
be assured of a fair public hearing comparable to that found
in most Western democracies. The Government generally has
abided by court decisions even when it strongly opposes the
ruling. Well-publicized exceptions were the detentions
following court acquittal of Dabengwa, Hartlebury, and Evans
cited in section l.d. above. The Prime Minister and Home
Affairs Minister also both indicated in 1986 that the
executive branch did not consider itself bound to award
damages to individuals even if so ordered by the courts.
Emergency powers obviously limit the role of the courts, but
the Supreme Court in acquitting a political detainee in July
declared that the Government can no longer hold detainees by
merely citing emergency regulations and prevent courts from
examining the alleged reasons for their detention. The judge
also criticized the overall handling of the case by the police
investigators and Justice Ministry officials.

375

ZIMBABWE

Zimbabwe's legal system is based on a mixture of Roman-Dutch
and English common law practices and procedures and consists
of magisterial courts, a High Court, and a Supreme Court. All
trials are open to the public, except in very rare cases where
the Government orders proceedings to be held in camera.
Defendants must retain their own legal counsel as there is no
provision for public defenders. Defense counsel can present
evidence and confront witnesses. The right to appeal exists
in all cases.

With only 400 lawyers nationwide and a shortage of experienced
magistrates, Zimbabwe's judicial system is hard pressed to
cope with ordinary criminal case loads. Long pretrial delays
are thus common. Bail is left to the discretion of the
courts, although the Government can order the refusal of bail
in any case. The Government has made extensive use of this
prerogative in security-related cases.

f . Arbitrary Interference with Privacy, Family, Home,
or Correspondence

The Constitution formally protects citizens from arbitrary
search or entry. Under emergency powers regulations, however,
any police officer may stop and sec^rch any person or enter any
area without a warrant where he has "reasonable grounds" for
believing evidence of a crime may exist. Although no cases
have been brought to the courts, it is widely believed that
the Government also continues to monitor private
correspondence and telephones. Several government employees
privately complained in 1986 of obvious tampering with their
correspondence .

The right of citizens to refrain from associating with
political parties and organizations is not always respected in
Zimbabwe. Informal pressure has been brought to bear on
persons who refuse to identify publicly with the ruling
party. For example, there were numerous reports in 1986 of
job seekers suffering discrimination for failure to produce a
ZANU membership card. The Government does not officially
approve such discrimination but has not moved decisively to
curtail it. Similarly, reports from low-income suburbs around
Harare indicate that ZANU activists and youth cadre have
forced unwilling citizens to attend ZANU rallies, a practice
which was particularly widespread in 1985 during the general
election campaign. Perhaps because of vocal public resentment
and the danger of a popular backlash against ZANU, a senior
government minister publicly warned party activists in August
to discontinue this activity.

Zimbabwean law prohibits "kuzvarira," or pledging of young
girls to marriage partners not of their own choosing.
However, unless the girl is well educated and outspoken,
marriages based on "kuzvarira" still occur within the
traditional setting and without knowledge of the courts.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Zimbabwe Constitution guarantees freedom of expression but
allows for legislation limiting this freedom in certain cases
as, for example, when the "interests of defense, public
safety, public order, the economic interests of the State,
public morality and public health" are involved.

66-986 0-87-13

376

ZIMBABWE

The Government tends to interpret broadly its power to
discourage free speech. For example, numerous persons were
arrested in 1986 and charged with misdemeanors under the
Miscellaneous Offenses Act for uttering remarks disrespectful
of the Prime Minister and/or government policies. At public
events, it is generally assumed that speakers are under
surveillance and may be subject to follow-up police action if
the remarks are judged too controversial. Even in private
gatherings, Zimbabweans are often reluctant to voice political
complaints openly, particularly if they do not know their
interlocutors well.

Zimbabwe's major print media (five English- language newspapers
and one vernacular broadsheet) are government controlled.
Television and radio are wholly government owned. Senior
media officials follow the official government/ruling party
line closely and practice a high degree of self-censorship.
Press coverage which disputes the main lines of government
policy, criticizes the ruling party, or questions the actions
of senior government or party officials is rare.

There were some examples of journalistic autonomy in 1986,
however. The media uncovered several instances of official
corruption and reported them. The government-controlled press
provided at least partial coverage of stormy parliamentary
debates involving personal attacks on governmment ministers.
There were also a number of reports criticizing inefficiency
or poor planning in selected social and economic areas.

The independent weekly Financial Gazette focuses on business
news but exhibits more investigative range (including
political converage) and analytic depth than government-owned
media. In October Information Minister Shamuyarira accused
the Financial Gazette of serving as a "mouthpiece" for foreign
powers after the paper published an editorial questioning
Zimbabwe's ability to withstand possible South African counter
sanctions. The Minister threatened unspecified action against
the paper unless it modified its reporting and editorial
procedures. The Financial Gazette hit back with a stinging
editorial in defense of press freedom. Thus far, no official
action has been taken against the paper. The same week, the
Minister warned a small Jewish publication in Bulawayo against
propagating Zionist ideas. The publication, essentially a
religious newsletter which avoids political issues, was
instructed to "tone down." In March the Minister summoned a
Zimbabwean correspondent for a Western press service to his
office and threatened to imprison the reporter if alleged
"anti-Zimbabwean writings" continued.

In 1986 at least three Zimbabwean journalists working for
foreign press organizations were threatened with detention and
as a result left the country. They were accused of writing
articles for the foreign press which the Government considered
objectionable .

b. Freedom of Peaceful Assembly and Association

The Constitution formally guarantees the right of assembly and
association for political and nonpolitical organizations,
including a broad spectrum of economic, professional, social,
and recreational activities. In practice, there are serious
obstacles to the full exercise of this right, particularly in
the case of political associations.

377

ZIMBABWE

Police permits are required for public meetings and political
rallies. Few opposition political rallies took place in
1986. The most notable one occurred in Bulawayo in March when
ZAPU leader Joshua Nkomo urged a crowd of 50,000 followers to
cooperate with the Government in combating dissidents in
Matabeleland. The low level of overt opposition activity in
1986 reflects both the continuing decline of opposition
parties and a presumption that even if permission to hold
public meetings were requested it generally would be denied.
Minority parties were also cautious as a result of the
turbulence of 1985, when legal opposition rallies were broken
up by thugs, and opposition party members were harassed by
ZANU youth gangs. Although there was no repeat in 1986 of
this open intimidation, a legacy of fear remains.

In contrast to the closely circumscribed activities of
minority parties, ZANU continued in 1986 to organize mass
meetings throughout Zimbabwe. The implicit message was that
membership in the ruling party is a sign of loyalty and
patriotism (as well as an advantage in terms of professional
and social advancement), whereas identification with minority
parties is a form of political deviance.

There are numerous nonpolitical business and employers'
organizations, professional associations, and recreational and
sports clubs, and they are generally free of governmental
interference. One important exception occurred in late 1985
when civic leaders and private citizens attempted to form a
booster committee for the city of Bulawayo. Police pressure
caused the committee to disband. The example illustrates the
Government's sensitivity to any associative activity with even
remote political connotations.

Under the comprehensive labor legislation passed in 1985,
labor has the right to organize and bargain collectively.
However, the Government sets all wages and wage increases and
issues regulations regarding hiring and firing, thus
effectively preempting a major function of the collective
bargaining process. In addition, Zimbabwe law permits only
"collective job action" which does not impact on "essential
services." Essential services are determined by the Minister
of Labor after consultation with employers and publication in
the Government Gazette. It is widely believed that any strike
action would be met by government resistance and effectively
negated by the Government's legal authority to declare any
service "essential." The Government and the ruling party also
exhort the unions, and the umbrella organization, the Zimbabwe
Congress of Trade Unions (ZCTU), to work with them to achieve
the reorganization of social and economic life in Zimbabwe.

Despite these limitations, and the early stage of union
development (union membership represents 17 percent of
Zimbabwean workers), labor has begun to exert some influence
through public debates with the Government and has even used
the threat of strike action on wage issues. Although no
strike action has been taken (and is unlikely), the ZCTU has
become more vocal in its demands and incurred private
reprimands from the Government.

Unions have the right to affiliate with international
organizations. The ZCTU belongs to the Organization of Africa
Trade Union Unity and the Southern African Trade Union
Coordination Council and has contacts with both Western and
East bloc trade unions. Zimbabwe is also a member of the
International Labor Organization (ILO).

378

ZIMBABWE

c. Freedom of Religion

Freedom of religion is respected in Zimbabwe. There is no
state religion, and various denominations are permitted to
worship openly, pursue social and charitable activities, and
maintain ties to affiliates and coreligionists abroad.
Religious belief is neither a handicap nor an advantage in
terms of professional or political advancement. A number of
senior ZANU officials are, in fact, clergymen. Many
government leaders received their education in mission
schools. Elective courses in religious studies are part of
the secondary school curriculum.

Several well-publicized clashes involving the Government and
individual churches occurred in 1986. These, however, appear
to have resulted from local disputes rather than from any
official effort to curtail religious freedom. For example, in
March the Anglican cathedral in Mutare was taken over by a mob
led by a local ZANU official. Services were disrupted,
several persons injured, property was damaged, and the local
Anglican bishop forced to flee. Police failed to intervene.
The conflict stemmed from a church decision to replace a local
mission headmaster, who mustered local political pressure on
the church to reverse its decision. Other government disputes
with churches have involved one denomination's resistance to
mandatory inoculations for school children and temporary
closure of another church due to fighting within the
congregation. In both cases, the Government successfully
negotiated a resumption of normal religious activity.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Travel at home and abroad is not subject to official
restrictions, although travel restrictions have been
occasionally applied when it was believed individuals might
criticize the Government before foreign audiences. This
practice does not appear to be widespread. A more serious
practical obstacle to foreign travel is currency control,
which limits the amount of money ($260) that nationals can
carry out of the country each year on tourist travel.

Immigration is not restricted, although persons who have left
the country are not guaranteed the right to return if they
were not born in Zimbabwe. With unexpected numbers of whites
who had left Zimbabwe for South Africa now returning, the
Government has initiated security-risk checks as part of the
return process. Applicants must also demonstrate proof of
livelihood. The new regulations do not apply to Zimbabweans
who have been abroad as diplomats, students, or workers in
branch offices of Zimbabwe-based firms.

Repatriates from South Africa are viewed also as economic
competition to black Zimbabweans. Many have taken lesser
paying jobs upon their return to Zimbabwe. Another
significant group of repatriates consists of political
refugees who have returned primarily from Dukwe Camp in
Botswana. Almost 700 of these repatriates have reentered
Zimbabwe since December 1985. How they have fared is not
known, since they dispersed after reentry. Zimbabwe has
accepted at least 26,000 displaced persons from Mozambique,
who are accommodated in camps near the Mozambican border.
These persons, whom the Government intends to repatriate
eventually to Mozambique, are for the most part fleeing civil

379

ZIMBABWE

Strife and economic deprivation. There are smaller numbers of
South African, Angolan, and Namibian refugees in Zimbabwe.
Political refugees from Kenya have also been given asylum.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Zimbabwe is a multiparty, parliamentary-style democracy
fashioned after the Westminster model. Members of Parliament
represent electoral districts and are chosen by direct,
universal suffrage, albeit with black and white voting rolls.
The Prime Minister is Head of Government, is responsible to
Parliament, and is also head of ZANU. He presides over the
Cabinet, which is the executive decisionmaking body. While
decisions in Cabinet are made by consensus, there are few
known instances of cabinet ministers overruling the
preferences of the Prime Minister.

In general elections in 1985, ZANU consolidated its position
as the preeminent political party in Zimbabwe. ZANU now
controls 66 of 100 seats in the House of Assembly, while the
main opposition party, ZAPU, holds 14 seats and another
opposition party, ZANU-S, retains 1 seat. Of 20 House of
Assembly seats reserved for whites, Ian Smith's Conservative
Alliance holds 14, the Independent Zimbabwe Group counts 4
seats, and there is 1 unaffiliated white member. One white
conservative parliamentarian defected to ZANU in 1986.
Although ZANU's clear parliamentary majority guarantees
control over the legislative branch, the ruling party still
lacks the requisite 70 votes to introduce fundamental changes
in the Constitution. Beginning in 1987, portions of the
Constitution can be revised by a 70 percent vote in the House
of Assembly.

Prime Minister Mugabe has announced his intention to proceed
towards establishment of a one-party state. He has also
indicated that the separate white electoral roll will be
eliminated in 1987, as permitted in the Constitution.
Creation of a one-party state in Zimbabwe is expected to
significantly alter the current governing arrangement whereby
opposition parties, although discriminated against and
discouraged by the Government, still play an important role in
preserving democratic processes.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged violations
of Human Rights

The Zimbabwean Government is highly sensitive to charges by
international, nongovernmental organizations of hviman rights
abuses in Zimbabwe. Amnesty International reports on Zimbabwe
and its sustained efforts to get the Government to investigate
human rights abuses were vehemently denounced in Parliament by
the Prime Minister and other senior ministers as "lies." Home
Affairs Minister Nkala publicly charged on several occasions
in 1986 that Amnesty and several foreign governments
interested in human rights problems, including the United
States, were actively providing assistance to armed groups
seeking to overthrow the Zimbabwe Government. The Government
has attempted to frustrate the investigative activities of the
Lawyers' Committee for Human Rights, which published a major
study in 1986 on the human rights situation in Zimbabwe.
Nkala also publicly accused the group of being under the
control of the Central Intelligence Agency.

380

ZIMBABWE

In August the Home Affairs Minister convoked representatives
from all nongovernmental and private voluntary organizations
active in Zimbabwe and warned them of severe penalties for
passing information on alleged human rights violations to
foreign-based watchdog groups. Nkala said that a cabinet
decision had been made to suppress the flow of "false"
information to human rights monitoring groups and that a
cabinet committee had been formed to pursue the matter.

These actions appear to signal a government crackdown on human
rights reporting in Zimbabwe. At the same time, senior
government officials have continued to publicly deny that
human rights abuses occur in Zimbabwe except in exceptional
and unauthorized cases. In line with these denials, the
Government has consistently refused to respond to an offer by
the International Committee of the Red Cross to provide
protection assistance (visits) to prisoners.

Despite hardline public positions, there is evidence of
private governmental concern about human rights practices in
Zimbabwe and the negative image Zimbabwe has acquired abroad.
Prominent foreigners for example, were allowed to inspect the
Stops Camp detention facility in Bulawayo, where torture and
prisoner mistreatment is alleged to have occurred. In June
the Prime Minister intervened almost immediately following
intercession by local and international human rights groups to
order the release from detention of prominent human rights
activists Michael Auret and Nicholas Ndebele, the top
officials of the Zimbabwean Catholic Commission on Justice and
Peace. Also, senior government ministers have on several
occasions privately expressed a willingness to investigate
cases involving alleged human rights abuses and to seek
remedial action if necessary.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Government services in Zimbabwe are provided on a
nondiscriminatory basis, and the Government has been able to
work with the previously "whites only" infrastructure in urban
areas to provide health and other social services services to
all. However, in many rural areas the neglect of the
preindependence period still leaves the Government struggling
to provide minimum care. Many blacks on commercial farms are
still in a semifeudal status, dependent mainly on white
farmers to provide basic care and schooling.

The Minister of Labor mediated several cases in 1986 of
charges of white employers discriminating against black
employees. In some cases, companies have reinstated or
promoted black employees following the Ministry's
investigations. In social terms, Zimbabwe remains a racially
stratified country, despite bans against official
discrimination. While schools, churches, and clubs are all
integrated, there is limited social interaction between racial
groups. The "colored" (mixed race) community has complained
of discrimination by Government in allocation of civil service
jobs .

Efforts to change ingrained cultural practices are under way,
but women still bear a heavy burden of discrimination in
Zimbabwean society. All women are still vulnerable to
traditional law, particularly concerning inheritance
practices. The proposed Intestate Succession Law, dealing

381

ZIMBABWE

with inheritance when there is no valid will, aims to prevent
any distribution of property before the court has been
informed of a death and an officer is appointed to administer
the estate. The court will not distribute the estate unless
the surviving spouse and children are allowed to live in the
family house. The contribution of wives to family property
was recognized in the Matrimonial Causes Act passed in late
1985, which requires that family assets be distributed
equitably when couples divorce. Despite the Government's
actions on women's rights, the tradition of "lobola"
(bride-price) continues. Police attempts to crack down on
prostitution in 1986, prior to the Non-Aligned Movement Summit
meeting, led to the indiscriminate harassment and detention of
numbers of innocent women and sparked public and parliamentary
debate.

CONDITIONS OF LABOR

The 1985 Labor Relations Act calls for strict enforcement of
acceptable standards of health and safety. Under Zimbabwe
law, the working age for the formalized economy is 18, but it
is possible to begin an apprenticeship at age 16. The
workweek can be as high as 60 hours, but averages 44 hours.
The law prescribes a 24-hour rest period each week. There
were 14,000 work-related accidents and illnesses in 1985 among
the 1 million workers covered by government labor statistics.

Minimum wage levels in Zimbabwe are set by the Government
along sectoral lines. The current level for agroindustr ial
workers is about $73 per month. The minimum for domestics is
$57. The Zimbabwe Congress of Trade Unions has called upon
the Government to establish a minimum "living wage" for its
members of $162 per month. The Government has responded by
saying that future increases will be tied to increases in
national productivity, which will not permit the substantial
increases in the foreseeable future that would be recjuired to
meet the unions' demand.

382

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: ZIM3A3WE

1984

1985

1986

I.ECON. ASSIST.-TOTAL.. .

LOANS

GRANTS

A. AIO

LOANS

GRANTS

(ScC.SU'P. ASSIST.) .. .

3. FOOD FO? PEACE

LOANS

GRANTS

TITLE I-TDTAL

REPAY. I^ S-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV S WFP.

/OL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.ItJTL MIL.E0.TRN3....
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. S MIL...

LOANS

GRANTS

47.8

50.5

12.8

0.0

8.0

0.0

47.3

42.5

12.8

41.0

40.9

12.8

0.0

41.0

40.9

12.8

40.3

40.9

10.6

6.3

9.6

0.0

8.0

0.0

6.3

1.6

0.0

O.D

8.0

0.0

3.0

0.0

6.3

1.6

0.0

6.8

0.0

1.6

0.0

0.3

0.0

O-.O

0.0

0.2

0.0

0.2

0.0

9.0

0.0

0.2

0.0

43.0

50.7

13.0

0.0

8.0

0.0

43.0

42.7

13.0

OTHER US LOANS....
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 19S6

1946-86

TOTAL

117.5

76.8

21.0

740.6

IBRD

96.1

10.0

0.0

487.1

IFC

2.3

0.0

21.0

61.4

IDA

0.0

53.9

103

0.0

AD3

0.0

AFDB

0.0

63.4

0.0

75.6

UN OP

4.1

3.4

■ 0.0

17.2

OTHER-UN

0.0

10.4

ee:

15. C

0.0

35.0

383

CENTRAL AND SOUTH AMERICA

ANTIGUA AND BARBUDA

A member of the British Commonwealth, Antigua and Barbuda
celebrated its fifth anniversary of independence from Great
Britain on November 1, 1986. Respect for human rights in
Antigua and Barbuda is grounded in its domestic laws and
reinforced by the democratic political values and traditions
that evolved before independence and continue to develop. Its
population supports these values and expresses dissent openly,
aided by a free press. The Constitution provides for a
parliamentary system of government based on majority rule, and
requires general elections at least every 5 years.

Security forces consist of a police force and the Antigua and
Barbuda Defence Force, an 80-man infantry unit. The police
are organized, trained, and supervised according to British
law enforcement doctrine. The security forces have a good
reputation for respecting individual rights in the performance
of their duties.

Antigua and Barbuda's human rights record continued to be good
in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No instances of political killing were reported.

b. Disappearance

No disappearances, extralegal detentions, or politically
motivated abductions were reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or

Punishment

The Constitution prohibits torture and cruel or inhuman
treatment of prisoners or detainees. These prohibitions are
respected in practice. Prison conditions are adequate, and
the authorities permit regular visits by a prisoner's family
and attorney, as well as by members of the clergy.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrest and detention are prohibited by the
Constitution and do not occur in practice. Criminal
defendants are guaranteed the right of judicial determination
of the legality of detention, and detainees must be brought
before a court within 48 hours of arrest or detention.

No cases of involuntary exile have been reported.

The Constitution prohibits forced or compulsory labor, and
such practices are not known to take place in Antigua and
Barbuda.

e. Denial of Fair Public Trial

Criminal defendants are guaranteed a fair, open, and public
trial. The independent judiciary is widely respected for its
fairness and professionalism. The Eastern Caribbean Supreme

384

ANTIGUA AND BARBUDA

Court serves Antigua and Barbuda. The Government guarantees
legal assistance at its expense to persons without means to
retain a private attorney. There are no political prisoners
in Antigua and Barbuda.

f. Arbitrary Interference with Privacy, Family, Home or
Correspondence

Arbitrary police or government actions against a person's
home, family, or privacy have not been reported. The police
must obtain a warrant before searching private premises.
Leftist political groups have charged that the Government
tampers with their mail, but these allegations have neither
been supported with evidence nor brought to court.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and the Press

The Constitution guarantees freedom of speech, the press, and
other forms of communication. The electronic media — the only
source of daily local news — are dominated by the Government.
Antigua Broadcast System Radio and ABS-TV are state owned, and
the only privately owned radio station is controlled by the
Prime Minister's family. Opposition politicians assert that
they have almost no access to air time to present their
positions. ABS Radio and TV report regularly on the
activities of the ruling party, but rarely report on the
opposition. A different situation exists in the nation's
print media. Weekly newspapers representing the opposition
publish a variety of opinions and are free to criticize the
Government. Religious organizations also publish their own
newspapers .

b. Freedom of Peaceful Assembly and Association

The Constitution assures the right of peaceful assembly.
Public meetings and organized demonstrations are held without
interference. The local police, however, monitor the travel
and activities of the Antigua Caribbean Liberation Movement
(ACLM), a leftist political party. In one incident, a
Canadian diplomat was detained briefly at the airport and
questioned by the police about his visit to ACLM
headquarters. An official protest was registered and an
official apology issued by the Government of Antigua and
Barbuda .

Less than a majority of Antigua and Barbuda's workers belong
to labor unions, but labor organizations are free to organize
and bargain collectively. The right to strike can be limited
if the Court of Industrial Relations is involved in a given
dispute. Unions are free to affiliate with international
labor organizations.

c. Freedom of Religion

There is free exercise of religious beliefs. The population
is overwhelmingly Protestant, but adherents of other religious
denominations proselytize openly without government
interference .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The movement of citizens within the country is not restricted

385

ANTIGUA AND BARBUDA
by law or practice.

Section 3 Respect for Political Rights: the Right of Citizens
to Change Their Government

Antigua and Barbuda has a multiparty political system which
accomodates widely divergent views. All citizens 18 years of
age and older may register and vote. Individual parties
conduct voter registration drives free from government
interference. The Government is obligated by law to hold
voter registration during a fixed period each year.

Prime Minister V.C. Bird's Antigua Labour Party (ALP) won an
overwhelming victory in the 1984 elections, taking every
constituency in Antigua. In Barbuda, an independent won the
sole seat and became the Government's only parliamentary
opposition. Despite the lopsided ALP victory, the elections
were considered to be fair and open.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Internationally recognized human rights organizations have not
expressed concern about Antigua and Barbuda. There were no
requests for investigations or inquiries into alleged
violations in 1986. The Government is sensitive to human
rights issues and has condemned abuses elsewhere.

Section 5 Discrimination Based on Race, Sex, Religion,
Language or Social Status

Antiguan and Barbudan law and practice prohibit discrimination
based on race, sex, creed, language, or social status. The
role of women in society is not restricted by law, but
tradition limits women to home and family, particularly in
rural areas. As elsewhere in the region, these traditional
roles are changing. The Government has begun programs to
provide enhanced educational opportunities for both sexes, as
well as family planning services, which many expect to lead to
greater participation by women in Antigua and Barbuda's
economic, social, and political life.

Two women senators sit in Parliament, and are the highest
ranking female political figures in the country. The
Permanent Secretary in the Ministry of Health and the Chief
Establishment Officer are both women. A woman also heads the
Department of Tourism. There is a "Womens Desk" in the
Government to monitor compliance with laws and statutes
regarding women and to safeguard their legal rights. Ninety
percent of the assistant permanent secretaries in the
Government are women, as are 6 out of 10 personnel in the
civil service. The law entitles women to equal pay for equal
work .

CONDITIONS OF LABOR

The legal minimum working age is 13, and the minimum age law
is respected. The workweek is 40 hours in 5 days, and workers
are guaranteed a minimum of 3 weeks annual leave. There are
no occupational health and safety laws or regulations. A
minimum wage is established by law.

386

ARGENTINA

Argentina is a functioning constitutional democracy with an
independent bicameral legislature and an autonomous
judiciary. Political debate is free and open with a high
degree of public participation. The Argentine press offers
views covering the political spectrum and all parties have
access to the media, although some suggest the Government
provides strong guidance on certain issues. The Government
tolerates criticism and opposition viewpoints are freely
expressed.

Argentines enjoyed a relatively high standard of living in
1986, despite a number of severe economic problems including a
large foreign debt and real wages and pensions generally
believed to be below the level of a decade earlier.

Argentina continued to consolidate the dramatic improvements
in human rights stemming from the successful 1983 transition
from military to freely elected civilian government. The
military and police operate under civilian political control
and the courts review charges of abuses. Respect for
individual rights is strong. Trade union freedom is greater
than at any time during the past decade, and strikes occurred
frequently. Human rights groups continue to demand a complete
accounting for past disappearances and punishment of those
responsible. Trials of military and police officials and of
accused terrorists for actions in the 1970 's continue, albeit
slowly. There was some tension between civilian and military
authorities over the possible prosecution of military
personnel, particularly those still on active duty. Violent
incidents by unknown assailants occurred with some frequency,
generally without personal injuries. Most seemed related to
political or labor activities.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No human rights groups charged that any deaths were
politically motivated or instigated by the Government, and
there were no known instances of such killings.

Periodic bombings occurred throughout the year. Most were
small explosions late at night which caused few injuries and
little damage. Most of the bombings appear politically
motivated, judging by targets selected and accompanying
messages. During a presidential visit to a military camp in
Cordoba, a bomb was discovered and disarmed. Political party
offices and the residences or businesses of party activists
were primary targets. Most sectors of the political spectrum
were victimized, from the military to the Communists. The
widely reported bombings no doubt served to intimidate in
individual localities. Local authorities have made only a few
arrests. What was learned from those arrests suggests no
major conspiracy.

b. Disappearance

There were no known abductions, secret arrests, or
disappearances linked to or condoned by the Government during
1986. A substantial number of kidnapings occurred, most

387

ARGENTINA

believed to have been for criminal extortion. Not all were
reported to the authorities, and many ended in release of the
victim without identification of the perpetrators. Some
kidnapers were apprehended and others killed in police raids.
In the apparent kidnaping of businessman Osvaldo Sivak, family
members alleged that security force personnel pocketed
payments made by the families. It is widely believed that
some current or former police and military personnel are
involved in kidnaping for extortion.

In addition to continued ad hoc investigations by the courts
of unmarked graves, through which some corpses were identified
as victims who had disappeared, the Interior Ministry in 1986
initiated a formal review of all cemetery records to locate
and identify victims who disappeared between 1973-80.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture. A 1985 criminal code
reform provides penalties for torture similar to those applied
for homicide. In August the Argentine Congress ratified the
Convention Against Torture and Other Forms of Cruel,
Degrading, or Inhuman Punishment adopted by the United Nations
General Assembly in 1984. The Convention now has the force of
domestic law. Although judges applied the new provisions of
the criminal code, some human rights groups maintain that
police beatings of prisoners continue. In at least 31
instances, police or prison officials were brought to court on
charges of mistreatment of prisoners. Judicial investigations
into the alleged torture of prisoners during the years of
military rule (1976-1983) continued.

Despite improved prison conditions since the return of
democracy in 1983, there were prison demonstrations, hunger
strikes, and riots in 1986. The protests allegedly resulted
from harsh treatment of prisoners during cell-block searches,
disrespectful treatment of visiting family members, and
prisoner demands for better food, living conditions, speedier
trials, and reductions in sentences. A number of prisoners
were injured during these protests. Two families charged that
relatives died in detention as a result of physical abuse by
prison authorities; two police officers and six prison guards
are under investigation in that case. Government officials
say they are working to improve prison conditions, which are
generally overcrowded but sanitary.

d. Arbitrary Arrest, Detention, or Exile

Argentina has a we 11 -developed legal code containing express
protections of individual rights and controls on police arrest
and investigatory powers. The penal code gives the
courts — but not the police — authority to detain individuals
without notice or charges for up to 8 days during
investigations. Even in the case of minor offenses, holding
suspects without charges for a few days is common. Forced or
compulsory labor is forbidden.

e. Denial of Fair Public Trial

The judiciary functioned normally in 1986. It was generally
recognized as fair and independent, if often slow and
cumbersome. The Constitution and penal code provide for
trials before professional judges and appellate review of all

388

ARGENTINA

judicial rulings, including those of military courts. The
Supreme Court interprets the Constitution to provide
protection and review roughly equivalent to the due process
clause of the U.S. Constitution.

Major judicial problems are overcrowded court dockets,
time-consuming written procedures, lack of personnel and
administrative infrastructure, and low salaries, as in the
rest of the public sector. Since the return to democracy in
1983, the legal community has had under consideration several
reforms in the system of judicial administration. These
reforms would streamline the judicial system by developing
more efficient legal procedures and creating more professional
personnel. As in most civil-law countries, trial by jury does
not exist; verdicts are rendered by professional judges. The
police have legal authority to judge misdemeanor cases, which
are often settled by senior police officials. Convictions in
most such cases result only in fines and may be appealed to
the civil courts. The legal system provides for public
defenders, but in 1986 caseloads were far in excess of what
they could handle. The right to bail is provided by law and
observed in practice.

At the start of 1986, some human rights groups claimed there
were still 14 political prisoners. The Government argues that
they are not political prisoners, but common criminals
convicted of violent crimes. The Government asserts it cannot
summarily overturn the verdicts or alter the sentences. The
human rights groups argue that the prisoners were convicted
under proceedings lacking in minimum due process. The
prisoners claim they were forced to confess under torture or
duress and were denied fair trials. The Government suggested
that the prisoners request a judicial review of their cases.
Some did so, and two were released in 1986. In the other
cases, the courts found they did not have judicial grounds to
alter the sentences. Twelve remain in jail. Prosecution of
Argentina's best known former terrorist, Montonero leader
Mario Firmenich, remains in the evidentiary stage.

The most sensitive judicial issue continued to be the
prosecution of military personnel for abuses during the years
of military rule. Five former senior commanders and junta
members convicted by a civilian court in December 1985 filed
appeals. Likewise, the Government appealed the leniency of
sentences given these five and the acquittals of four other
officers in the same trial. On December 30, the Supreme Court
ruled on the appeals, upholding all verdicts, ordering
slightly reduced sentences in two cases. The other major
military trial of 1986 involved a former army general, who
served as police chief of Buenos Aires Province, and several
of his military and police colleagues. Convictions were
obtained in November against five of the seven defendants and
varying sentences of prison terms were handed down by the
court. Two defendants were acquitted. Human rights groups
complain that there has been no progress on other military
trials .

In 1986, much of the human rights debate centered on the so-
called "punto final" — declaring an end to prosecutions for
past abuses by the military. The military supports the idea;
human rights activists oppose it. President Alfonsin
submitted draft legislation imposing a 30-day statute of
limitations upon initiation of criminal prosecutions against
members of the military for past abuses. Following an
unusually rapid passage through both houses of the

389

ARGENTINA

legislature. Congress passed the legislation in special
session on December 23, 1986. Congress amended the
legislation to extend the statute of limitations to 60 days
from date of enactment and to include civilians who had
committed violent political crimes during the same time
frame. The President signed the bill into law December 24,
1986.

Some tension continues between military and civilian judicial
authorities concerning jurisdiction over military prosecutions
for human rights abuses. Legislation enacted in 1984 grants
the Council of the Armed Forces initial jurisdiction, but the
civilian courts may take over a case if the Council takes no
action within a reasonable time. In fact, the Council has so
far completed only one case — an '^ofuittal. In the course of
1986, the civilian courts asserted formal jurisdiction over
more than 200 cases.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The executive branch submitted a bill to Congress in 1985 that
provides penalties for arbitrary interference with personal
privacy, home, or correspondence. The legislation is still
pending.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Argentina enjoys a free press environment. Criticism of the
Government is tolerated and opposition viewpoints are freely
expressed. An independent press offers views that cover the
entire political spectrum. Nevertheless, the State owns 40
percent of the radio stations and 3 of the 4 principal Buenos
Aires television channels. The Inter-American Press
Association's 1986 report criticizes Argentina for government
domination of the national newsprint industry, for
congressional censure in September 1986 of a Buenos Aires
daily, and for the "right of reply" law in many provinces
which allegedly has a chilling effect on press coverage. All
these issues were fully debated in the national press. The
Government was not accused of attempting to limit or control
debate. However, some believe the Government's Secretariat
for Public Information influences press coverage of certain
political matters.

Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

All groups and political parties are free to organize and
assemble. Argentine law requires political parties to support
the Constitution and a democratic, representative, republican
and federal form of government in order to register for
elections. At present, no party has been denied
registration. Major rallies were held by political parties,
including the Communist Party and the Montonero movement,
thr oughout 1986.

The labor movement is a major independent economic and
political force. About one-third of the work force is
unionized. The previous military regimes suspended various
laws governing labor relations and systematically blocked many

390

ARGENTINA

trade union rights. Recasting the legal codes to restore
normal ground rules for industrial relations and trade union
activities continued slowly in 1986. In August, the
Government introduced or, in some cases, reintroduced,
legislation covering collective bargaining, refinements to
laws dealing with trade union structure and function, union
rights to consult with management, labor representation in
state-owned firms, protection for employees of bankrupt firms,
and the disposition of social welfare organizations formerly
associated with unions. The main opposition party offered
alternative legislation in September. These issues were not
resolved when Congress adjourned.

Organized labor was active in 1986. Argentina's largest labor
organization, the General Confederation of Workers (CGT), lost
its legal status during the years of military rule. The CGT
technically remained without legal recognition until November
when it selected new leadership and the Government extended
full recognition to the confederation. Nevertheless, even
before official government recognition, the CGT and many
individual unions engaged in consultations with employers and
the Government on issues affecting labor and the economy.
Unions have the right to strike and many exercised that right
in support of their demands in 1986. The CGT led several
general strikes of one day or less. Argentine unions are
active in the international trade union movement.

c. Freedom of Religion

Argentina's Constitution guarantees the free exercise of
religion but also states that the federal government supports
Roman Catholicism. The Government provides financial support
to the Roman Catholic Church, and the Constitution requires
the president and vice president to be Roman Catholics. A
constitutional reform now under consideration would more
definitively separate church and state. Other religions must
register with the Government to obtain the legal recognition
required to operate freely. Missionaries from any religion
are permitted to enter Argentina and to proselytize. The
non-Catholic population is growing.

In the past, Argentine treatment of Jehovah's Witnesses who
refused compulsory military service was a problem. While
Congress has not yet passed draft legislation, first submitted
in 1984 to permit alternative service for conscientious
objectors, the executive branch continued its policy in 1986
of exempting baptized Jehovah's Witnesses from military
service.

Argentina's Jewish community (estimated at 300,000, the
largest such community in Latin America) practices its
religion without official restraint, although there is a
current of anti-semitism in Argentine society and occasional
anti-semitic incidents occur. The executive branch has
submitted legislation to Congress providing penalties for
racial, religious, and other forms of discrimination. The
House passed the bill in June 1985, but the Senate has not
clcted.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Internal and external travel and emigration are unrestricted.
Exiles continued to return to Argentina in 1986, some as a

391

ARGENTINA

result of the government's policy of encouraging such
returns. Refugees in Argentina are not forced to return to
countries from which they fled or in which they fear
persecution.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since September 1983, Argentina has held two national
elections and a plebiscite, electing a president, vice
president, governors, all national deputies, and most mayors
and municipal councils. By all accounts, the elections were
free, fair, and democratic. In 1986, 15 national senators
were elected by provincial legislatures.

Thirteen political parties covering the political spectrum,
including the Communist Party, qualified as national parties
and presented candidates in 1983 and again in 1985. Other
parties qualified in individual provinces. There is a large,
politically important, and active opposition that operates
openly. Women and minorities have full political rights and
are not excluded from political life.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Argentina cooperates with both the United Nations Human Rights
Commission and the Organization of American States'
Inter-American Human Rights Commission. The Government signed
and ratified the American Convention on Human Rights in 1984.
The Government also reversed its military predecessor's
position on the draft U.N. Convention on Torture and, in
August 1986, promulgated it as law. In 1986, Congress also
ratified the U.N. Convention on Civil and Political Rights and
the U.N. Convention on Economic, Social, and Cultural Rights.

The Argentine Government cooperated in the investigation of
alleged Nazi war criminal Walther Kutschmann in 1986. The
Argentine citizen accused of being Kutschmann was detained by
Argentine authorities pending a court decision on his
identity. He died of natural causes while in custody.

Eleven human rights organizations operated freely in 1986,
despite occasional death threats and some harassment from
unidentified sources. The organizations continued to bring
charges related to disappearances during the years of military
rule.

Section 5 Discrimination Based on Race, Sex, Religion,
Language or Social Status

Argentina is a nation of immigrants that personifies the
melting pot society theory. Roman Catholicism is Argentina's
official religion and Spanish the official language, but there
is no official race discrimination and very little religious
or linguistic discrimination. All religious organizations may
apply for and receive Government recognition and may
proselytize. Indigenous communities and small ethnic enclaves
preserve and speak their native languages without harassment.

Argentine women are active in government, the professions,
politics, and private voluntary organizations. Although there

392

ARGENTINA

is no official policy of discrimination against them, women
have to contend with a variety of discriminatory mechanisms
that are rooted in cultural, economic, religious, and social
structures. The executive branch has submitted draft
legislation to Congress that would ban sex discrimination.
The lower house approved the bill in 1985 but the Senate has
not yet acted. However, Congress ratified the United Nations
Convention for the Elimination of Discrimination Against Women
in 1985. The Health and Social Action Ministry in 1986
continued its campaign to publicize the rights of women in
society.

Women participate freely in Argentine politics. There were
scores of women candidates in the 1983 and 1985 elections and
there are 13 women in the national Congress (three senators
and ten deputies). About 20 percent of Argentina's full
professors and about 50 percent of the assistant professors
are women. One private university has a woman rector. Almost
50 percent of the medical and law school graduates in 1986
were women.

CONDITIONS OF LABOR

Argentina offers comprehensive protection of workers' rights.
The maximum workday is eight hours; the maximum workweek is 48
hours. Premiums must be paid for work beyond those limits.
Children under 14 years of age may not work except in the
family. Minors between 14 and 15 may work but not more than 6
hours a day or 36 hours a week. The same law applies to
minors between 16 and 18 years of age, although competent
authority may allow an exception. Rules governing vacations,
minimum wages, and occupational health and safety are
comparable to those in Western industrial nations.

393

U.S. OVERSEAS

■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: ARGENTINA

1984

1985

1986

I.ECON. ASSIST. -TOTAL. . .
LOANS

0.1
0.0
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.0
0.1
0.0
0.0
0.1

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1

0.0
0.1

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
D.O
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0

0.0
0.0

GRANTS

0.0

A. AID

0.0

LOANS

0.0

GRANTS

0.0

(SEC. SUPP. ASSIST.) ...

a. FOOD FOR PEACE

LOANS

0.0
0.0

0.0

TITLE I-TOTAL

0.0

REPAY. IN 5-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

0.0
0.0
0.0

c. RELIEF. eC.DEV 5 WFP.

C. OTHER ECON. ASSIST...
LOANS

0.0
0.0
0.0
0.0

GRANTS

0.0

NARCOTICS

0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL. . .
LOANS

0.0
0.0

GRANTS

0.0

4. MAP GRANTS

0.0

B. CREDIT FINANCING....
C.INTL MIL.EO.TRNG. . . .

E. OTHER GRANTS

III. TOTAL ECON. S MIL...
LOANS

0.0
0.0
0.0

0.0

0.0
0.0

GRANTS

0.0

OTHER US LOANS

0.0
0.0

0.0

cX-IM BANK LOANS

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
198A 1985 1986

1946-86

TOTAL

210.8

563.5

700.9

6269.0

I3RD

0.0

130.0

544.5

2592.1

if:

42.7

63.4

156.4

446.0

IDA

0.0

IDS

167.6

319.1

0.0

3169.1

A03

0.0

AFDB

0.0

, 0.0

0.0

UNDP

0.5

1.0

0.0

58.2

OTHER-UN

0.0

3.6

EEC

0.0

394

THE BAHAMAS

The Bahamas is a multiparty, parliamentary democracy with
regular national elections. As a Commonwealth country, its
political and legal traditions are similar to those of Great
Britain, with emphasis on the rights of individuals. The
Progressive Liberal Party (PLP) has governed since 1967 under
the same leader. Sir Lynden 0. Pindling.

The police and small defense force generally are well regarded
by the populace but, like other elements of the society, have
experienced some drug-related corruption. A rally of more
than 15,000 Bahamians took place in September to protest
growing drug abuse and the illegal sale and trafficking of
narcotics in the country. Violent crime remains a serious
social problem.

The country has a tradition of human rights observance. The
Constitution provides for the protection of fundamental rights
and freedoms without discrimination by reason of sex, race,
religion, origin, or political opinion, and its provisions
normally are observed. However, treatment of illegal Haitian
migrants som.etimes has led to concern for their safety and
well-being. In March a large rally in Nassau sponsored by a
human rights coalition protested mass arrests and conditions
of detention following the first of several roundups of
Haitians living illegally in The Bahamas.

The country's human rights record remained relatively good in
1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of killings for political motives.

b. Disappearance

There were no reports of abduction, secret arrests, or
clandestine detention.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Such practices are prohibited by the Constitution. However,
police brutality, particularly in the course of arrests or
obtaining confessions to a crime, remains a problem. Bahamian
and American detainees reported instances of such abuse in
1986. In February a Haitian national died while in police
custody following beatings reportedly administered in the
course of an investigation of a theft. Nassau's downtown jail
is crowded and dirty, and the food barely adequate. The
Freeport Central Lockup is unsanitary.

The Supreme Court in September heard a case involving a
question whether detention conditions for illegal Haitian
immigrants at Fox Hill prison in Nassau were in violation of
fundamental rights guaranteed by the Constitution. The
justice presiding characterized the prison's conditions as
constituting a "highly unpleasant environment" and urged the
authorities to improve the situation.

395

THE BAHAMAS

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and imprisonment
and requires that persons be charged without undue delay. The
right to a judicial determination of the legality of detention
is recognized; charges are normally brought within 48 hours of
arrest. Arrested persons are usually allowed access to an
attorney of their own choosing.

On several occasions, government enforcement authorities have
carried out mass arrests of Haitians under nonspecific
warrants. This has resulted in the erroneous arrest of
legally resident Haitians and of Bahamians mistaken for
Haitians, in addition to illegally resident Haitians.
Following one mass arrest of 103 Haitians in May, arraignment
procedures precluded about half of those detained from
consulting with an attorney.

Haitians detained on immigration infractions are routinely
denied bail on the apparent supposition that they would flee
prior to prosecution. In two cases, Haitians detained for 5
weeks following their arrests in May were found to have no
charges filed against them, and were ordered freed. In
another case a woman married to a Bahamian was sentenced to 1
month's imprisonment for originally entering the country
illegally, but she was detained 5 months until freed in a
court action brought by an attorney associated with the Human
Rights Association. Several groups of Haitians were subjected
to indeterminate detention awaiting deportation while the
Governments of The Bahamas and Haiti consulted on procedures
to implement their 1985 treaty on repatriation.

Detention by police in July of the Haitian consul on a parking
violation underlined the sensitivity of relations between
Bahamian law enforcement officials and the Haitian community.
The consul reportedly was manhandled, verbally abused, and
brought to the police station in spite of his having shown his
diplomatic identification card. Although the Government later
apologized for the incident, the cabinet minister responsible
publicly defended the police.

In a case unrelated to illegal immigration, two Haitian men
originally charged with the murder of another Haitian in
December 1983 were found to be still in detention and awaiting
trial 2 1/2 years after arrest. When the situation came to
light, the Government dropped the charges.

Forced or compulsory labor is specifically prohibited by the
Constitution and is not practiced.

e. Denial of Fair Public Trial

An independent judiciary conducts fair and public trials.
There are no political prisoners. Legal representation at
public expense is provided only for capital cases. The
Constitution entitles defendants to counsel and attorneys are
given free access to defendants. These protections have not
always been afforded to Haitians detained on immigration
charges. The Human Rights Committee of the Bahamas Bar
Association, following the its investigation of arrests of
Haitians, exonerated the Government of brutality charges.
Nonetheless, it severely criticized the mass arraignment of
those arrested, calling the practice contrary to the Civil
Procedure Code.

396

THE BAHAMAS

f . Arbitrary Interference with Privacy, Family, Home or
Correspondence

The Government does not interfere in the private lives of its
citizens. The sanctity of the home is safeguarded both by law
and tradition and is normally respected in practice. The
Constitution permits searches only with court-issued warrants.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press exist in The Bahamas. There are
three privately owned daily newspapers — two in Nassau and one
in Freeport — one government-owned radio station, and one
government-owned television station. There are no privately
owned broadcasting facilities. There are several
newsweeklies , some of which are affiliated with political
parties, including the Marxist Vanguard Party. There is no
political censorship or intimidation of journalists. The
press freely reports public and parliamentary debate on a
variety of issues. However, it frequently refrains from
printing the names of those publicly criticized because of the
country's stringent libel laws. Based on such laws, the
editor of the opposition party's newsweekly was formally
charged in court in December with criminal libel; a headline
on an article in his publication, alluding to corruption
allegations involving the Prime Minister, asked the question:
"The Country Wants to Know, Is the Chief Still a Thief?" The
editor faces trial.

While the press is free, opposing points of view are not
accorded fair radio and television treatment by the
government-owned broadcasting corporation (ZNS). The
Government and the ruling party receive favorable treatment,
at the expense of the opposition party and dissidents within
the ruling party. The opposition party is prohibited by 1965
legislation from purchasing air time to broadcast its views,
other than one 15-minute spot each year. It was prevented
from having its January convention broadcast live, even though
it was willing to pay for the air time.

b. Freedom of Peaceful Assembly and Association

The Constitution protects the right to associate freely and
specifically mentions political parties and trade unions.
Labor unions are independent of the Government and are free to
organize, bargain, and strike. Many unions are affiliated
with counterparts in other countries and are represented in
the International Labor Organization. Labor leaders are vocal
in criticizing labor laws, especially where the laws fail to
protect workers from unfair dismissals, insure severance pay,
and permit unions to represent workers before arbitration
tribunals .

c. Freedom of Religion

There is no state religion, freedom of conscience is
protected, and discrimination on the basis of creed is
prohibited. Some members of the small Rastafarian cult
believe they are singled out for persecution by the police;
the police deny their allegations.

397

THE BAHAMAS

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There is freedom of movement within The Bahamas, and citizens
may freely travel abroad. There are no state restrictions
regarding the right to change residence or workplace.
However, there is considerable controversy regarding the
repatriation of both displaced Haitian nationals resident in
The Bahamas — estimated to number 20,000 to 40,000 — and
Haitians shipwrecked in Bahamian waters.

In 1985 the Governments of The Bahamas and Haiti signed a
treaty outlining the conditions under which some Haitians with
long residence and other ties to The Bahamas could receive
legal status. The treaty simultaneously specified a 2-month
amnesty period for voluntary repatriation without prosecution,
while making provisions for orderly, humane repatriation of
the remainder of the displaced Haitians. While over 300
Haitians were involuntarily repatriated and approximately
2,400 Haitians voluntarily returned to Haiti in 1986, it
appears that no Haitians have been accorded legal status under
the terms of the treaty; the few cases settled in 1986 appear
to predate the treaty.

Official Bahamian Government policy continued to imperil the
health and safety of displaced Haitians aboard unseaworthy or
shipwrecked vessels in Bahamian territorial waters. On Ocean
Cay in January and Cay Verde in February, the Government
declined to accept its international responsibility to aid
distressed mariners. In the former case, a U.S. -owned company
operating on Ocean Cay had to feed 51 stranded Haitians and
negotiate with the Bahamian and Haitian Governments over
repatriation. In the latter case, emergency action by the
U.S. Coast Guard was necessary to aid eight stranded Haitians.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Bahamas is a constitutional democracy governed by an
elected Prime Minister and Parliament, with a resident
Governor General under the British Commonwealth system. The
political process is open to all elements of the society.
There are two principal political parties, the governing
Progressive Liberal Party (PLP) and the opposition Free
National Movement (FNM) . The PLP led the country for 5 years
of internal self-government before independence in 1973 and
has held power without interruption since. It currently holds
32 of the 43 seats in Parliament. The FNM, a more
conservative party, holds the other 11 seats. The radical
leftist party, the Vanguard, has no seats. The last general
election was in 1982; new elections need not take place before
August 1987 but can be called sooner.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There have been no requests from international organizations
to investigate human rights conditions in The Bahamas. The
Government generally has not been active in human rights
affairs .

398

THE BAHAMAS

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Bahamas has a good record of nondiscrimination on grounds
of sex, race, and religion. Notwithstanding the transfer of
political power from the white elite to a black majority at
the end of the colonial era in the 1960 's, white Bahamians
retain a visible presence in the country, hold high-level
civil service and political posts, and are represented in
Parliament .

Women participate prominently at all levels of Government and
business and are well represented in professional and private
sectors. Women are serving in the executive branch as
permanent secretaries, the highest positions in the civil
service, in the legislative branch in elected capacities, and
in the judicial branch. The Constitution makes several
distinctions between the sexes regarding citizenship. For
example, female Bahamians may not bestow citizenship upon
their spouses, while male Bahamians may do so. Women's
rights activists have stated that Bahamian law also puts women
at a disadvantage concerning child care, inheritance, and
property ownership.

CONDITIONS OF LABOR

Although there is no minimum wage law in The Bahamas, wages
offered are generally considered to provide for decent living
conditions. The Fair Labor Standards Act of 1970 states that
employers cannot permit their employees to work more than 48
hours per week. It does not, however, address the question of
child labor, but the employment of children is effectively
discouraged by the requirement of compulsory education until
the age of 14 years.

Although there is no specific legislation dealing with worker
safety, the Director of Labor regularly checks all work places
for lighting, safety, ventilation, and machine protection
guards. Employers cooperate with these inspections and in
implementing recommended safety meansures.

3d9

BARBADOS

A member of the British Commonwealth, Barbados is a
constitutional democracy with a free, two-party democratic
system of government. Its House of Assembly is the third
oldest elected body in the Western Hemisphere. Barbadians
recognize the Queen of England as Head of State; she is
represented by an appointed Governor General. The Prime
Minister is the Head of Government.

The Royal Barbados Police Force ensures public order; it
respects constitutional and legal guarantees of human rights.
Its personnel and training have improved in recent years.
Police morale is good, and public respect for the police force
is high. The volunteer Barbados Defence Force is responsible
for national security, but is used for public order in times
of crisis, emergency, or other specific need. Barbados has a
well-established judicial system based on common law and
British procedure.

The country's economy is based on light manufacturing,
tourism, services, and sugar.

There were no changes in Barbados' excellent human rights
record during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No killings for political motives were reported.

b. Disappearance

There were no reports of disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution specifically prohibits torture, and there
were no reports in 1986 of cruel, inhuman, or degrading
treatment or punishment. Prison conditions are humane.
Prison facilities were expanded in 1986 to accommodate
increased numbers of inmates charged with drug-related
crimes. A separate facility was also built for prisoners held
on charges for civil debts, thereby separating them from
prisoners held on criminal charges.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and imprisonment,
and this prohibition is respected in practice. The
Constitution also requires the authorities to bring detainees
before a court of law within 72 hours of arrest. Criminal
defendants have the right to counsel, and attorneys have ready
access to their clients.

The use of any form of forced or compulsory labor is
prohibited by law and that prohibition is respected.

400

BARBADOS

e. Denial of Fair Public Trial

The Constitution provides that persons charged with criminal
offenses be given a fair, public hearing within a reasonable
time by an independent and impartial court. Defendants are
presumed innocent until proven guilty. The Government
provides free legal aid to the indigent. The judiciary acts
independently and is free of intervention from other branches
of government. There are no political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government does not interfere arbitrarily in the private
lives of its citizens. The Constitution prohibits arbitrary
entry, search, or seizure, and the law requires warrants to be
issued before privately owned property can be entered and
searched. The Government neither censors the mail nor
restricts the receipt of foreign correspondence or
publications .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and press, and
these rights are respected in practice. The Caribbean
Broadcasting Corporation Radio and Television Service is
government owned, but is independent of government control.
Views opposing government policies are regularly reported.
The Government often comes under attack on two popular daily
call-in radio programs.

b. Freedom of Peaceful Assembly and Association

The Government observes the constitutional guarantees of
peaceful assembly and private association. Political parties,
trade associations, and private organizations function without
government hindrance.

Workers have the right to organize, to bargain collectively,
and to strike. Fifty-five percent of the labor force is
organized, and protests or strikes have occurred when
collective bargaining has failed. Although the major union
has strong ties with the governing party, and its four
principal officers are parliamentarians, labor leaders and
rank-and-file trade union members are motivated primarily by
economic and social rather than political considerations.

c. Freedom of Religion

There is full freedom of religion. While Anglican and
Methodist faiths have traditionally predominated, there are
numerous other religious denominations and organizations
active throughout the country.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Citizens and legal residents move freely within and outside
Barbados, a right guaranteed by the Constitution. Barbados
has a small number of applicants for admission as refugees;
these applicants are handled on a case-by-case basis.

401

BARBADOS

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

In Barbados' parliamentary democracy, parties compete freely
in honest elections held at least every 5 years. There are no
impediments to participation in the political process;
Barbadians over age 18 enjoy universal suffrage.

The present Democratic Labour Party (DLP) Government won the
May 1986 election, taking 24 of the 27 seats. The differences
between the government party and the opposition Barbados
Labour Party (BLP) are based more on personalities than on
ideology. A Marxist third party, the Workers Party of
Barbados which was formed in 1985, has attracted little
support and participated only marginally in the 1986 election.

Following the DLP ' s victory in May, Errol Barrow, who headed
the government between 1961 and 1976, again became Prime
Minister in a smooth transition of power. Henry Forde, a
former Foreign Minister and Attorney General with a strong
record as a champion of human rights, leads the BLP opposition.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no reports of human rights violations in Barbados
during 1986, and human rights groups have not requested
investigations. Barbados advocates strengthening the human
rights machinery of the United Nations and the Organization of
American States. The Government favors more investigations
into alleged violations of human rights in other countries and
the increased use of factfinding or observer teams to monitor
controversial political and electoral situations. Prime
Minister Barrow, while in opposition before his party's
electoral victory, served as a member of an international
observer team to the Philippine elections.

The Government has consistently spoken out on human rights
violations in other countries, particularly in Africa, Latin
America, and the Caribbean.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Barbadian law does not discriminate on the basis of race or
sex. Barbados is a signatory of the 1979 Convention on the
Elimination of All Forms of Discrimination Against Women.
Women actively participate in all aspects of national life and
are well represented at all levels in both the public and
private sectors. There are four women in the Senate, a woman
is a junior minister, and another is Ambassador to the United
Nations. Women's groups speak out on public issues and insist
on being consulted by the Government on important national
issues .

CONDITIONS OF LABOR

The legal minimum working age in Barbados is 16 and is
observed. The work week is 40 hours in 5 days. Workers are
guaranteed a minimum of 3 weeks of annual leave. Occupational
safety and health conditions are in keeping with International
Labor Organization standards. Minimum wages are established
by 1 aw .

402

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: BARBADOS

1984

1985

1986

I. cCON

A. AID

(SE

S.FOO

TITLE

^EPA

PAY.

TITLE

5. RE

VOL.

C.OTH

. ASSIST.-TOTAL...

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

3TAL

^^ $-LOAMS

FOR. CURR

TOTAL

.cC.DEV 4 WFP.

EF AGENCY

CON. ASSIST...

CE CORPS,
COTICS. . ,
ER

0.1
0.0
0.1
0.0
0.0
0.0
O.D
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.0
0.1
0.0
0.0
0.1

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
O.Q
0.0
0.0
0.0
0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL,
LOANS ,

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING..
:.INTL MIL.E0.TRN5..
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

0.1
0.0
0.1
0.0
0.0
0.1
0,0
0.0

D.I
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

0.2
0.0
0.2

0.1
0.0
0.1

0.0
0.0

0.0

OTHER US LOANS 4.3

0.0 0.0

EX-IM BANK LOANS 4.3

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

47.3

11.7

15.6

195.5

IBRD

14.0

0.0

10.0

70.2

IPC

3.3

0.0

0.3

IDA

0.0

103

32.5

11.7

0.0

102.1

AD3

3.0

0.0

AFD3

0.0

UNDP

0.5

0.0

5.6

OTHER-UN

0.0

0.2

EEC

0.0

5.6

17.1

403

BELIZE

Belize has a parliamentary form of government with a
competitive political party system and regular local and
national elections organized under a constitution formulated
at the time of independence in 1981. The People's United
Party (PUP) dominated the movement for self-government and
independence which began in the early 1950 's. The party
controlled the government from the beginning of self-rule in
1964 until the first post-independence national election in
1984. At that time, the United Democratic Party (UDP) won 54
percent of the popular vote and 21 of the 28 seats in the
House of Representatives. The election was peaceful, open,
and honest. The UDP currently controls seven of the eight
municipal councils in the country, including the Belize City
Counc i 1 .

The security apparatus consists of the Belize National Police
(BNP) and the Belize Defence Force (BDF) . The BNP, a force of
approximately 500, has primary responsibility for law
enforcement and maintenance of order. The BDF consists of 800
active active duty and reserve personnel. Although internal
security is not the BDF's principal mission, it occasionally
assists the police in enforcement operations. Both the police
and military operate under strict regulations governing the
use of force. Police arrest powers are clearly defined; the
BDF is not authorized to arrest civilians.

Belize is a developing nation with a population of 168,000 and
a per capita gross national product estimated at US$1,100 in
1986. The Government favors free enterprise. Its strategy
for achieving economic growth centers on encouraging new
investment, both domestic and foreign. Seeking a sound
foundation for development, the Government has successfully
carried out recommendations to strengthen public finances
under a December 1984 International Monetary Fund standby
agreement .

Constitutional protections for the fundamental rights and
freedoms of the individual are upheld by an independent
judicial system. A free press and competitive electoral
politics also serve to protect civil and political rights.
There were no cases of political violence during 1986, and the
country's overall human rights record remained good.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Such treatment is prohibited by the Constitution and does not
occur. Sentences for most crimes generally are lenient
compared to sentences imposed for similar crimes elsewhere
inthe region. Prisons continue to be seriously crowded and

404

BELIZE

badly antiquated. However, prisoners are fed adequately and
have comparatively generous social and recreational privileges.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary imprisonment. A person
is entitled, within 48 hours of arrest, to be informed of the
reason for detention and to be brought before a court within
72 hours. Release on bail is allowed for all but the most
serious criminal offenses. These procedural safeguards are
observed routinely. Forced labor is forbidden by the
Constitution and is not known to be practiced.

e. Denial of Fair Public Trial

The Constitution specifically guarantees the rights of accused
persons to a presumption of innocence, protection against
self-incrimination, defense by counsel, and a public trial.
Trial by jury is mandatory in criminal cases, except for minor
offenses decided by magistrate courts. These constitutional
guarantees are carried out in practice. The judiciary is
independent of the executive and is regarded as an effective
guarantor of an equitable system of justice. Its major
shortcoming is insufficient trained personnel at all levels,
resulting from the inability of the Government to provide
adequate funding. There are no political prisoners in Belize.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence :

The Constitution provides for the protection of family life,
personal property, the privacy of the home, and recognition of
human dignity. No violations of these guarantees were
reported during the past year.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are protected under the
Constitution and are respected in practice. The Government
controls Belize's only radio station, but a wide range of
political opinion is presented in the country's press. The
opposition and independent newspapers frequently are critical
of the Government. There are 13 privately-owned television
stations in Belize. Broadcast television in Belize is only a
few years old, and the Government is developing a regulatory
framework for it. Under the Broadcasting Law of 1983, a
six-member Belize Broadcasting Authority has issued licenses
to existing stations.

A controversy arose in 1985 when the Authority ruled that a
television program produced by the opposition PUP could not be
aired since political broadcasts could be approved only in the
context of upcoming elections. After lengthy litigation, the
Appeals Court, the supreme authority on constitutional issues,
ruled in 1986 that the Authority's power to regulate the
political content of television broadcasting was
constitutional, although it said improper procedures were
followed in forbidding the broadcast. Both sides claimed
victory. The final result is that programing sponsored by
political parties will not be allowed on television, except
during election campaigns.

405

BELIZE

b. Freedom of Peaceful Assembly and Association

The constitutional guarantees of freedom of assembly and
association and the right to form and belong to trade unions
are respected in practice. Permits are required to hold
public meetings but rarely are denied.

There are 16 registered labor unions in Belize which represent
approximately 15 percent of the labor force. The National
Trade Union Congress of Belize is affiliated with the
International Confederation of Free Trade Unions through
membership in the Caribbean Congress of Labor. Belizean
unions have the right to bargain collectively and to strike.
Labor disputes unresolved by bargaining are normally settled
through arbitration. There are varying degrees of union
cooperation with the political parties, but no union is
controlled by a political party.

c. Freedom of Religion

There is no state religion. Christian denominations and
non-Christian groups all worship freely, and there is an
active missionary presence. Most of Belize's primary and
secondary schools are operated by churches with support from
the Government. Church leaders have long had close ties to
the political establishment, and churches play an active role
in the tasks of social and national development. No political
party is affiliated with any particular church or religion.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within Belize or on
foreign travel and emigration. Emigration is motivated by
economic need and not by political or human rights
considerations. Emigrants frequently return for family visits
and sometimes resettle in Belize.

Several thousand aliens from nearby Central American countries
have arrived in Belize since 1980, often entering illegally
and residing in the country without permits. Various steps
have been taken to deal with this influx. Three thousand have
been registered as refugees. A settlement project utilizing
funds from the United Nations High Commissioner for Refugees
(UNHCR) is providing farmsteads for 105 Salvadoran families on
Belizean government land. A program to register undocumented
aliens was carried out in 1984. An undetermined number of
aliens have since legalized their status; however, it is
likely that many more remain illegally at the risk of arrest,
fines, and deportation.

There is no evidence that displaced persons have been
compelled to return to their country of origin. However,
during the past year the police have been more active in
identifying and deporting illegal aliens who cannot claim
refugee status. This has led to a decrease in the number of
people seeking to register as refugees. A UNHCR- supported
Office of Refugee Affairs is a part of the Home Affairs
Ministry, and the UNHCR stationed a permanent representative
in Belize in 1986.

406

BELIZE

Section 3 Respect for Political Rights; The Right of Citizens
to Change Their Government

With the general election of December 1984 and municipal
elections in March 1985, Belize experienced a peaceful
transfer of power from the PUP to the UDP. Although the
ruling party's parliamentary majority gives it broad freedom
to decide government policy, its exercise of authority is
limited by public opinion, a free press, an independent
judiciary, and competitive electoral politics. The major
parties have broad political bases encompassing the country's
principal ethnic groups.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No international entities have asked to investigate the human
rights situation in Belize. A private human rights council
and a branch of Anmesty International exist in Belize but are
inactive.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

While there is no official policy of discrimination, women
face prejudices rooted in cultural, social, and economic
practice. Nonetheless they are active in the nation's
political parties, private voluntary organizations, churches,
and organizations dedicated to improving the lives of women in
Belize. Women are prominent in local and national government
and well represented in the professions. The Governor
General, who represents Queen Elizabeth II in her capacity as
Belizean Head of State, is a woman, as is the President of the
Senate. Women hold officer and enlisted positions in the
police and the BDF.

There is no discrimination because of religious preference.

There is a significant Spanish-speaking minority in Belize
which has the same protections granted the majority. This
minority, however, is not fully integrated into the economic
and political life of the country.

CONDITIONS OF LABOR

Minimum ages for employment of children have been established
at 14 years for work in retail establishments and at 17 years
for any work near hazardous machinery. Minimum wages have
been established for many occupations, and there are
occupational safety regulations, although a shortage of
resources makes it difficult for the Government to enforce
them.

407

U. 5. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL rEARS - MILLIONS OF DOLLARS)

COUNTRY: BELIZE

1984

1935

1986

I. HCON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST.
ANS. . . . .
ANTS. .. .

-TOTAL..

ANS

ANTS ,

.SUPP. ASSIST.) .. ,

FOR PEACE

ANS

ANTS

I-TOTAL

. IH $-LOAMS....,
IN FOR. CURR.. .. ,

II-TOTAL ,

lEF.EC.OEV J WFP,
ELIEF AGENCY.. . . ,
R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS

NARCOTICS ,

OTHER ,

II.MIL. ASSIST. -TOTAL,

LOAMS ,

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG..
D.TRAN-EXCESS STOCK,
c. OTHER GRANTS ,

III. TOTAL ECON. 5 MIL,

LOANS ,

GRANTS ,

5.5

25.2

12.1

0.9

13.0

1 .5

4.6

12.2

10.6

3.9

22.5

9.5

0.9

13.0

1.5

3.0

9.5

8.0

0.0

14.0

2.5

0.0

1.6

2.7

2.6

0.0

1.6

2.7

2.6

1.5

2,5

2.4

0.0

0.1

0.2

0.5

0.6

0.0

0.5

0.6

0.5

0.0

0.1

0.0

6.0

25.8

12.7

0.9

13.0

1.5

5.1

12.8

11.2

OHER US LOANS...,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

1.5
0.0
1.5

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

2.3

0.3

o-.o

11.2

IBRD

0.0

5.3

IPC

0.0

lOA

0.0

O'.O

IDS

0.0

A05

0.0

AF03

0.0

• 0.0

0.0

UNDP

0.3

0.0

2.8

OTiER-UN

0.0

1.1

ESC

2.0

0.0

2.0

66-986 0-87-14

408

BOLIVIA

Bolivia is a democracy with a constitutionally elected
government. The free elections held on July 14, 1985,
resulted in the first constitutional transition from one
civilian government to another in almost 20 years. On August
6, 1985, after a close contest between the two major parties
in which neither candidate received an absolute majority of
the votes, Victor Paz Estenssoro was elected President by the
Bolivian Congress in accordance with constitutional procedures.

Despite substantial natural resources, Bolivia is the second
poorest country in the Western Hemisphere. The 1985 collapse
of the international tin market depressed export earnings and
contributed to the continuing decline in per capita income.
The Government's efforts to reduce the size and cost of the
public sector — especially the inefficient and unprofitable
state mining corporation, COMIBOL — has met with strong labor
resistance. About one third of COMIBOL 's labor force has been
laid off.

The Paz Estenssoro Government is carrying out one of the most
far-reaching economic reform programs ever attempted in Latin
America. Under this program the Government has promoted the
private sector, curtailed hyperinflation, previously running
at 20,000 percent annually, rescheduled its debt, reorganized
tax and customs administration, and issued a simplified
currency.

In addition, the Paz Government has undertaken a comprehensive
nationwide antinarcotics campaign. In August, despite
political criticism, the Government requested and received
U.S. military assistance to mount a successful large-scale
interdiction operation.

The state security apparatus was abolished under the 1982-85
government of President Siles Zuazo . Bolivia has an internal
intelligence service under the responsibility of the Ministry
of Interior and a military intelligence service.

Overall, in 1986 the human rights situation in Bolivia
remained good. Protests over the continued imprisonment of
seven persons arrested by the previous President were resolved
when they were released in October. When faced with a miners'
protest march on La Pa, the Government imposed a state of
siege, for the second time in 2 years. During the 90-day
state of siege, some 200 people were temporarily detained, and
restrictions were placed on freedom of assembly, travel, and
peaceful protest. Most of these restrictions, however, were
enforced only sporadically. The Government became
increasingly concerned about the presence of small,
non-Catholic cults such as the "Children of God" and the Hare
Krishna. In April the foreign members of "Hare Krishna" were
expelled from the country. .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a.. Political Killing

No politically motivated killings were reported. The murder
of a leftist Congressman, possibly carried out by drug
traffickers, is under investigation.

409

BOLIVIA

b. Disappearance

There were no verified cases of politically motivated
disappearances .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits all forms of torture, and the
Government neither condones nor practices torture. Most
problems of prisoner mistreatment arise from overcrowding and
from underpaid, undertrained prison and police personnel.
Corruption, malnutrition, and unsanitary conditions are
endemic in Bolivia's underfinanced prison system. In October
the Chamber of Deputies authorized construction of a new
prison in the Department of La Paz. It also authorized the
Government to use 40 percent of the money seized from drug
traffickers for construction of the new jail.

d. Arbitrary Arrest, Detention, or Exile

Under the Constitution no one can be arrested without a court
order, and detainees must be charged or released within 24
hours. However, constitutional provisions under a state of
siege allow for detention up to 48 hours before an arrest
order is required. After the initial detention period,
prisoners are allowed access to a lawyer of their choice.
Bail is possible in Bolivia.

In August the Government invoked Article 112 of the
Constitution and proclaimed a state of siege for the second
time in 2 years; it was lifted 3 months later. The decision
to implement the state of seige responded to what a government
spokesman described as the "emergency condition caused by the
internal convulsion," and was intended to minimize disruption
of the country from a miners' march on La Paz. On August 28,
162 people were arrested, and 27 more were detained the
following day. On August 29, the Government began releasing
some detainees, while sending others into internal exile in
remote areas in northern Bolivia. Among these were union
leaders, university students, teachers and administrators,
journalists, leftist politicans, clergymen, human rights
workers, and civic figures. By September 3, about 60 people
had been internally exiled, while over 120 were released from
detention. On September 11, eleven more people were
detained — mostly from small leftist political groups. Between
August 31 and September 10, three people were released from
internal exile.

In response to requests from the Catholic Church, human rights
groups, and others including the U.S. Embassy, the Government
authorized the shipment of food, medicine, and clothing to the
detainees .

On September 13, after several days of talks mediated by the
Catholic Church, the Government and the mineworkers ' union
reached an agreement. The Government promised to release the
people remaining in internal exile, and the mineworkers agreed
to end the general strike. The Government fulfilled its part
of the agreement, but some mineworkers remained on strike.
Upon return from internal exile, some detainees complained
about living conditions during their detention. There were no
complaints of torture or beatings or of ill health as a
consequence of their exile.

410

BOLIVIA

Bolivian law prohibits forced or compulsory labor.

e. Denial of Fair Public Trail

The Government upholds the constitutional right of fair public
trial, but delays in the judicial system are common.
Defendants have the right to an attorney, at public expense if
needed, to confront witnesses, to present evidence, and to
appeal a judicial decision.

The Constitution authorizes the Supreme Court, Bolivia's
highest civilian judicial body, to review legislative measures
to determine if they are in accordance with a citizen's
"concrete rights or the Constitution."

Bolivia has both civilian and military judicial systems. The
Constitution empowers the military "to defend and conserve
national independence... security and stability ... and national
sovereignty." The military government of 1976 revised the
Military Penal Code and established the military court
system. The law defined and established military jurisdiction
over actions against the security of the state, military
personnel, or property.

Seven persons detained by the army near Luribay in 1983 for
alleged involvement in training of leftist groups were
convicted of arms theft and conspiracy to commit treason by a
military court in 1984, after the Supreme Court ruled that the
military court had jurisdiction over the case. Although
President Siles granted amnesty to the "Luribay Seven" later
that year, a dispute over legal jurisdiction prevented their
release. On October 14, 1985, the Supreme Military Tribunal
reduced the sentences of the seven, who were then paroled in
1986.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The sanctity of the home and the privacy of citizens' lives
are protected by the Constitution and normally are respected.
House searches, monitoring of conversations, and other abuses
that occurred under previous military regimes have ceased.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There are state-owned and private radio and television
stations operating in Bolivia. Newspapers are all privately
owned. Since the restoration of democracy in 1982, Bolivians
have enjoyed a generally unrestricted press representing a
wide spectrum of ideological views. With a few exceptions,
the Paz Estenssoro Government has tolerated full criticism
from the media, although it has constitutional authority to
impose censorship.

During the August-November state of siege, government agents
broke into the University of La Paz television station,
ostensibly looking for people on a detention list. Some
television equipment was damaged, and the station, a harsh
government critic, was still off the air as of December 1986.

In September, local government authorities in the town of
Bermejo shut down a Catholic Church radio station for
operating without a license and for broadcasting "subversive

411

BOLIVIA

communiques." As many radio and television stations operate
without a license, it was assumed that the station was closed
for political reasons. As of December, the station remained
off the air.

In October unknown assailants bombed the house of Carlos
Serrate Reich, editor of the leftist La Paz newspaper "Hoy"
and head of 9 April Vanguard Party. No injuries were
reported. No group claimed responsibility.

Prior to the state of siege in August, five unknown assailants
blew up a Jesuit -owned radio station in Tarija. No group
claimed responsibility for the attack, although some
newspapers speculated that it was carried out by
ultrarightists angered by the radio's alleged leftist
political orientation. A government investigation failed to
shed any light on the case.

b. Freedom of Peaceful Assembly and Association

Except during the state of siege, peaceful assembly and
association were not restricted. Provisions of the state of
siege prohibited groups of two or more from gathering between
midnight and 6 a.m.; in October this was modified to between
3:00 a.m. and 5:00 a.m. Demonstrations, strikes and protest
marches were also prohibited under the state of siege, but
enforcement was lax, and the Government even allowed some
anti-government marches, protests, and labor strikes.
Permission had to be obtained from the police for evening
gatherings, but permits were readily available.

Bolivian workers have the right to organize and bargain
collectively. While Bolivian law still does not extend these
rights to government workers, this distinction is ignored as
virtually all government employees are unionized.

The Bolivian Workers Central (COB), an umbrella labor
federation which represents the majority of Bolivian workers,
is independent, politically powerful, and in the past has
frec[uently paralyzed the economy with crippling strikes. The
COB has been an arena where leftist and ultraleftist parties
have fought each other and the Government. Within the COB,
some political figures have called for revolution, armed
struggle, repudiation of Bolivia's foreign debt, and mass
strikes and have questioned the legitimacy of Bolivia's
legally elected government. The Government places no
restrictions on a union's right to join international trade
secretariats or other international labor organizations. In
June 1986, the Government paid for a COB delegate's trip to
Geneva to represent Bolivian labor at the annual meeting of
the International Labor Organization.

c. Freedom of Religion

Roman Catholicism, the predominant religion, is recognized by
the Constitution as the official religion of the country.
Catholic bishops receive a nominal stipend from the State, but
no other secular advantage is conferred. Protestant churches
operate openly and freely. In 1982, a Protestant college
opened in Santa Cruz. Two years later, a Baha ' i university
opened in the same city. The Mormons, Baha 'is, and Seventh
-Day Advent ists freely proselytize and operate churches and
training centers throughout the country. The small Jewish
community has been treated fairly by the Paz Government. The

412

BOLIVIA

Mennonites have large rural colonies in the Department of
Santa Cruz.

Citizens in general are free to practice the religion of their
choice. There are no restrictions on publishing, places of
worship, religious schools for training clergy, or church ties
to international organizations. However, Bolivian law
requires that religious groups be licensed. Although most
groups receive licenses without difficulty, this requirement
allows the Government to expel as "illegal" unlicensed sects
it finds undesireable. While the Government does not
persecute clergy for their religious beliefs, it sometimes
displays strong opposition to what it believes are their
sympathy with and support for "subversives."

In February the Bishop of Oruro, who is also president of the
Episcopal Conference, protested that six unidentified men,
including one in a policeman's uniform, broke into the
residence of the Oblate Fathers. He said the intruders
presented no judicial order and searched the house on the
pretext of looking for a "Colombian." In the same month, the
Bishop of La Paz protested that Radio San Miguel and church
officials in the Department of Pando had been harassed by
local government officials for advocating the rights of
peasants and the poor.

In June a Jesuit high school director charged that state
security personnel raided the school library and beat and
detained some students for a short time. During the first
days of the August state of siege, one Catholic priest, two
Methodist pastors, and some Catholic seminary students were
detained, apparently suspected of subversive activities. One
Methodist pastor was released in mid-September after 2 weeks
in internal exile in northern Bolivia. A leading Methodist
theologian was also detained in August.

The Methodist Church has expressed its concern about what it
sees as incidents of official hostility and the resurgence of
accusations that the Methodist Church works with Sendero
Luminoso, the Peruvian terrorist movement.

In September the Minister of Defense told the Bolivian
Congress that "foreign citizens who were supposedly in Bolivia
to fulfill religious missions" were assisting a group of
miners in anti-government subversion. The Secretary General
of the Catholic Bishops' Conference called upon the Government
to prove this accusation.

In November the Archbishop of Sucre protested that five
government agents broke into a Franciscan convent looking for
marijuana plants. No marijuana was found, and the officials
apologized for the break-in.

The Government has grown increasingly uneasy over the presence
of small cults such as "God's Messengers," "Children of God,"
and Hare Krishna. In April the Foreign Ministry's
Sub-Secretary for Worship charged that some of these groups
were functioning "illegally." A government spokesman also
charged Hare Krishna with using illegal drugs. The Government
subsequently expelled about 30 foreign Hare Krishna members
for practicing an "illegal" religion. Again in October, the
Sub-Secretary warned that there were about 170 "clandestine
religious sects" in Bolivia, many of which he said had
"strange ideas that confuse Bolivia's youth."

413

BOLIVIA

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration and Repatriation

There were no unusual travel restrictions within Bolivia or
abroad, except during the state of siege. Under the state of
siege, a police permit was needed to leave the country, travel
within Bolivia, or drive a car between midnight and 6 a.m.,
modified in October to between 3 and 5 a.m. Most of these
restrictions were disregarded. The Government does not
restrict emigration and guarantees citizens who leave the
country the right to return. Citizenship is not revoked for
political reasons. Many Bolivians who either fled the country
or were exiled for political reasons during the tumultuous
1978-82 period returned with the restoration of democracy.
These persons are not politically persecuted or unfairly
treated.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Bolivia is a multiparty democracy with an elected president
and a functioning and independent bicameral legislature.
Opposition groups exist both in and out of Congress and are
tolerated by the Government. The political system is
dominated by people of European or mixed race origin. Indians
speaking Aymara or Quechua as a mother tongue make up an
estimated 60 percent of the population. With some notable
exceptions, Indians generally have failed to advance to
leadership positions. This is principally because of economic
disadvantages, educational and cultural isolation, and some
overt discrimination. There is no legal discrimination,
however .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is sensitive to the opinions of both
international and domestic organizations regarding alleged
violations of civil liberties. The Bolivian Congress has
subcommittees with responsibility for monitoring human rights.
The Government is willing to discuss human rights concerns
with outside or nongovernmental organizations. The President
and other senior government officials met with Methodist
Church leaders to discuss human rights concerns in October.

The Catholic Church, the Permanent Assembly of Human Rights in
Bolivia (APDHB) and the press have been the most aggressive
monitors of human rights. Two APDHB leaders were detained
during the state of siege. The Interior Minister criticized
the APDHB for "only protecting leftists and not the rest of
the country. "

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Although protected in theory by social legislation which
represented a pioneering effort in the Latin American context,
Bolivian women do not enjoy a status in society equal to that
of men. The main obstacles to advancement are cultural
traditions, social conditions, and lack of political
influence. In rural families, women have contributed
significantly to economic activities but are nonetheless
considered subordinate. In urban settings, women are slowly
achieving a greater role in Bolivian business and professional

414

BOLIVIA

life. Their participation in cooperatives, community affairs,
and education is increasing.

Since the 1952 Revolution, the Constitution has banned racial
discrimination. However, informal discrimination by Bolivians
of mixed European origin against people of Indian background
continues. At least partially as a result of this
discriminatory treatment, the Indian majority of the
population remains at the lower end of the country's
socioeconomic scale. Indians experience poorer health, lower
life expectancy, less education and income, and higher
unemployment .

CONDITIONS OF LABOR

Bolivian labor law prohibits any labor contract which denies a
worker constitutional rights and freedoms. The employment of
minors under 18 years of age and women in dangerous,
unhealthy, or immoral work is prohibited. No other
restriction on employment of minors exists.

Bolivia's labor laws contain provisions for child protection,
paid vacations, and proteotion of workers' health and safety.
However, these laws are not rigorously observed in practice
and funds are lacking for adequate enforcement. The mines,
often old and operated with antiquated equipment, are
particularly dangerous and unhealthy. Many mine workers
suffer from silicosis.

Bolivia has a minimum wage law and an elaborate system of
bonuses and compensations for the private sector. Most
workers observe an 8-hour day.

415

U.S. OVERSEAS

•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: BOLIVIA

1984

1935

1936

I.ECON. ASSIST.-TOTAL..,

LOANS ,

GRANTS

A. AID

LOANS

GRANTS ,

(SEC. SUPP. ASSIST.) ..,

3. FOOD FOR PEACE ,

LOANS

GRANTS ,

TITLE I-TOTAL ,

REPAY. IN S-LOANS....,
PAY. IN FOR. CURR....,

TITLE II-TOTAL

E. RELIEF. EC. OEV S WFP,

VOL. RELIEF AGENCY....,

C. OTHER ECON. ASSIST..,

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL.

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCI^J3.,
C.INTL MIL.ED.TRNG.
3. IRAN-EXCESS STOCK,
E. OTHER GRANTS ,

HI. TOTAL ECON.

LOANS

GRANTS. ...

^IL.

73.0

50.6

42.5

49.5

24.0

B.3

28.5

26.6

34.2

52.3

18.4

38.4

39.5

4.0

8.3

12.3

14.4

30.1

0.0

7.2

22.1

29.5

0.0

10.0

20.0

0.0

12.1

9.5

0.0

10.0

20.0

0.0

10.0

20.0

0.0

12.1

9.5

0.0

0.1

0.8

0.0

12.0

3.7

0.0

3.6

2.7

4.1

0.0

3.6

2.7

4.1

0.0

2.7

1.5

3.9

0.9

1.2

0.2

0.1

3.4

1.5

0.0

0.1

3.4

1.5

0.0

3.0

1.4

O.D

D.O

0.0

0.1

0.4

0.1

0.0

78.1

54.0

44.0

49.5

24.0

8.3

28.6

30.0

35.7

OTHER US LOANS» 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

G.O 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-86

TOTAL

130.6

2.6

7Q.0

1487.2

IBRD

0.0

296.0

if:

0.0

9.3

IDA

0.0

70.0

174.8

103

126.8

0.0

951.2

A03

D.O

0.0

AFDB

0.0

. 0.0

0.0

UNDP

0.8

2.6

0.0

44.1

OTHER-UN

3.0

O.'O

0.0

11.8

EEC

0.0

416

BRAZIL

Brazil returned to democratic rule in 1985, after 21 years of
military-dominated governments. Jose Sarney, chosen as Vice
President by the electoral college in January 1985, became
President 4 months later following the death of the
President-elect .

A new Congress was freely elected in November 1986, with the
participation of 30 political parties. The previous Congress
played an active role in national policymaking, and the new
Congress is expected to enlarge that role. Congress will sit
as a Constitutional Assembly in 1987 with sole authority to
draft and implement a new constitution replacing that imposed
during the military regime. The Brazilian judiciary is a
respected and independent institution and is largely
successful in ensuring that citizens are accorded protections
of the law.

Internal security is provided by various branches of the
Brazilian military and by federal, state, and local police
forces, although the role of the Armed Forces has been
downgraded since the end of military government.

In 1986 economic growth was expected to approach the high 8
percent rate of 1985. Brazil has the eighth largest economy
in the non-Communist world, but it has had to cope with
foreign debt of over 100 billion dollars and high inflation.
In February the Government implemented a major economic reform
package which de-indexed the economy and froze salaries and
prices. The Government has been able to adjust the economy's
external sector to current international financial conditions,
maintaining a continued large trade surplus.

While political rights were considerably improved by the
transition to civilian government in 1985, problems remained
in other human rights areas in 1986, notably in the treatment
of common criminals and Indians. Brazilians are free to
participate in the political and economic life of the
country. The President may, however, invoke constitutionally
sanctioned emergency powers and has authority to issue
decree-laws. Although a decree-law enters into effect
immediately, it must then be submitted to Congress, which has
60 days to approve or reject it. President Sarney has used
decree-laws to implement major economic reforms.

Under the current civil code, Brazilian Indians are considered
"semi-competent" wards of the State and live under certain
restrictions and protections not applicable to other
citizens. Indians on a number of reservations are under
pressure from mineral and agricultural developers and
squatters to open more of their lands to others.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no instances of politically motivated killings by
government authorities. However, criminal investigation into
the 1984 murder of a journalist opposed to the Governor of
Paraiba state disclosed evidence in 1986 indicating that state
authorities may have ordered the crime and then used police
resources to cover up their involvement. Human rights

417

BRAZIL

organizations in Rio de Janeiro and Sao Paulo regularly charge
that police have killed individuals suspected of common
crimes. Human rights activists also believe that many of the
more than 200 criminals reported killed annually in
confrontations with Sao Paulo police have been killed after
capture. While such killings apparently continued in 1986,
they are not politically motivated. Catholic Church sources,
particularly the National Conference of Brazilian Bishops,
believe insufficient resources have been devoted by local or
state governments to combat the problem. The situation has
been complicated by an alarming rise in the rate of violent
crime in Rio and Sao Paulo, which has led to a high degree of
public tolerance of alleged police brutality toward suspects.
Conflicts between rural landowners and the landless also
resulted in more than 200 killings in 1986, including the
murder of a priest who had been active in organizing
sc[uatters. Rural labor union organizers were targets in
numerous areas. Authorities have condemned the violence, but
measures taken to control it have been ineffective.

b. Disappearance

There were no reports of politically motivated abductions.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited by the penal code, and there were no
reports of politically motivated torture occurring in 1986.
However, various human rights and professional organizations
report that police beatings and torture of persons suspected
of common crimes are widespread, the principal purpose
appparently being to extract confessions. Such practices
primarily affect the underprivileged.

Although Church authorities in Rio noted a steady decline in
these offenses in 1983-84, due to government efforts to curb
mistreatment of suspects, there was no evidence of further
significant improvement during 1985 or 1986. In Sao Paulo and
the rest of the country police brutality toward suspected
criminals remains widespread. Human rights activists in most
Brazilian cities maintain that these abuses continue because
of the perception by police that they can act with impunity.
Little improvement was noted in 1986, even though in some
instances police officers, including high-ranking officials,
have been investigated and brought to trial. In one of the
most publicized cases, a group of police officers accused of
torture was found innocent by the courts in Porto Alegre. The
prisoner allegedly tortured was later killed by unknown
assailants after his release.

Most prison facilities continue to be overcrowded, and many
are poorly maintained and managed. The State of Sao Paulo is
now engaged in a major construction program of medium-security
regional prisons. There has been no such investment in Rio or
most other states. The federal Ministry of Justice was
unable to supply funds for new prison construction during
1986. Conditions in Minas Gerais improved slightly, with no
new reports of the "death lotteries," in which prisoners are
killed by fellow inmates, supposedly to focus public attention
on overcrowded prison conditions; such lotteries claimed the
lives of 20 prisoners in 1985.

Prison riots during 1986 reflected both inmate revolt against
poor conditions and slow processing of criminal cases, as well

418

BRAZIL

as lack of effective control by prison authorities. In three
episodes hostages were taken by rebellious inmates. In a
revolt in Sao Paulo in September, 12 inmates were beaten to
death by police or prison guards when the police assaulted the
prison. In two additional revolts in Brasilia and Mato Grosso
do Sul , armed inmates were allowed to leave prisons with their
hostages, and police then attempted to recapture the
fugitives. Three fugitives were killed during capture
attempts. No hostages were injured.

Human rights organizations encounter little public support for
the rights of criminal offenders. Public criticism of the
prison system is directed not at the subhuman conditions, but
at the lack of construction to allow for incarceration of more
criminals .

d. Arbitrary Arrest, Detention, or Exile

The independent judiciary is largely successful in ensuring
that legal protections are afforded most citizens, although
delivery of justice to economically deprived groups is
incomplete. Under the law, a person may not be arbitrarily
detained. Judicial determination of the legality of detention
is guaranteed by the Constitution and is respected.

The law provides for provisional detention when ordered by
judges, in cases of common crimes, or by certain high-level
administrative authorities in cases of crimes involving public
administration or extradition. For example, a judge may order
provisional detention to preserve public order when there is
evidence of probable cause, when the accused is considered
dangerous or does not have a fixed job or address, or when the
individual is caught in the act of an unbailable crime.
Detention may also be ordered to prevent interference by the
accused in criminal proceedings, as for example when the
individual might influence or harm witnesses. Provisional
detention can be extended until the case comes to trial or
until a judge rules that reasons for the detention no longer
exist. Provisional detention in Brazil is not practiced
arbitrarily and does not normally lead to periods of
imprisonment in excess of 15 days.

Forced or compulsory labor is not used in Brazil by any
official or government organization. During 1986 federal
authorities arrested labor contractors in several northeastern
and Amazon states for maintaining "slave" work forces;
employers deducted transportation and other expenses from
salaries and prevented workers from leaving the property.

e. Denial of Fair Public Trial

The right to a fair public trial is guaranteed by law for both
penal code and National Security Law violations and is
respected in practice. Defendants are entitled to counsel and
must be made fully aware of the charges against them. In
cases where a defendant cannot afford an attorney, one must be
provided free of charge. However, there are too few public
defenders, and thousands of criminal cases are now
backlogged. Defendants and their attorneys have the legal
right to be informed of the evidence on which the charges are
based. Only cases of willful crimes against life are tried by
jury; all others are tried by a single judge.

Lynchings by irate citizens of suspected criminals continued
in 1986. The greatest incidence of lynching takes place in

419

BRAZIL

the slums on the outskirts of major cities, a result of
perceptions that police and court protection is unavailable.

The judicial system is an independent branch of government.
The federal court system is composed of courts of first
instance and appeals courts. The federal Supreme Court is the
highest court in Brazil. The states are free to organize
their own judicial systems as long as they do not violate
basic principles of the federal Constitution. Brazil also has
a system of specialized courts dealing with labor, elections,
and juvenile matters.

The military court system hears cases involving military
personnel and civilians charged under the National Security
Law or with offenses against military installations. Legal
guarantees also apply in military courts. Civilians have the
right of appeal to the federal Supreme Court when convicted of
crimes against the National Security Law. Military personnel
may also appeal to the Supreme Court, but only in
extraordinary circumstances. The Minister of Justice has
stated that civilians will not be charged under the National
Security Law pending its revision. No one is currently
imprisoned under its provisions, nor has anyone been charged
with violations since the civilian government took office.
The two cases pending in 1985 for attempts to organize
Communist parties were dropped. A state deputy was convicted
in April for statements made during the 1982 electoral
campaign, but a military court reversed the decision. A labor
union leader was convicted for statements made in 1983
maligning the President under the military regime. He was
given a 2-year suspended sentence.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence .

Forced entry into homes without a warrant probably still
occurs in searches for criminals, but this practice has
declined in recent years, according to human rights
organizations. There are no reports of such illegal entries
of homes in political cases. Freedom from search is
constitutionally guaranteed.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The right to free speech and to a free press is guaranteed in
the Constitution. Electronic media broadcasts covered a vast
array of topics, including controversial social and political
issues and opposition viewpoints were aired freely. The
Government did not illegally interfere with the media.

Radio and television stations are privately owned, but the
Government can withdraw their licenses easily. A television
station in Maranhao was suspended for 35 days for violating
the federal broadcasting code which prohibits statements
offending government authorities. The suspension was the
culmination of a 3-year process of administrative warnings and
fines for attacks against President Sarney and his family. No
licenses were revoked, however, and the administration
continued its review of all licenses issued during the last 6
months of the previous government. Newspapers are also
privately owned and are vigorous in reporting and commenting
on government policies and performance. Self-censorship is
rare.

420

BRAZIL

Foreign publications are widely distributed in Brazil. A
restrictive censorship law still exists but, with a small
number of well-publicized exceptions, it is enforced only to
protect young people from material deemed to be damaging to
their character. A new law under consideration is expected to
concentrate on protection of minors from harmful influences,
including narcotics and pornography. Books and newspapers are
not censored, and films, songs, and plays are no longer
reviewed for political content. Prior review of films and
television programing continues but is normally limited to
rating for acceptable viewing age. Two films were censored in
1986, both after initial approval by the federal Censorship
Office. President Sarney acceded to Catholic Church requests
to prohibit the controversial Jean-Luc Godard film "Je Vous
Salue Marie." The Minister of Justice cut violent episodes
from the Sylvester Stallone film "Cobra" and authorized its
release to adult audiences only. Both actions were widely
criticized in the intellectual community.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the freedom of peaceful assembly.
Although permits must be obtained for outdoor political or
labor meetings, they are freely given.

Labor has the right to organize, and trade unions are legally
mandated to represent workers under the labor laws. Although
the labor code makes no provision for a central or umbrella
labor organization, three rival groups have emerged. The
Government has not officially recognized their right to
function but does engage in regular dialog with their
leaders. To maintain the official labor structure, workers
are taxed one day's pay per year, a sum which is paid to the
Government and then divided among confederations, federations,
and local unions. Ten to 15 percent of workers voluntarily
pay union dues in addition to the mandatory tax. Most members
join unions more for family health benefits than for
representation on wages and working conditions. Although
unions are legally prohibited from participating in partisan
politics, a number do, but with little impact to date. Union
organization activities have increased since the return of
civilian government.

The Government has not acted to prohibit strikes, even though
existing legislation makes many strikes illegal, and has not
enforced other restrictions on labor unions. In addition, the
Government has reinstated the right of all labor leaders to
hold union office. In three major 1986 strikes the federal
Government mobilized police and troops to prevent violence and
ensure the right of nonstrikers to cross picket lines.
Employers have a legally mandated structure which parallels
that of labor, and there are voluntary employer organizations
not mandated by law. Both types of associations represent
their members to government, act as lobbyists, and negotiate
collective bargaining agreements with labor unions.

Labor unions and employer associations may maintain ties with
international organizations, but each affiliation has to be
approved by the President of Brazil; because of exchange
controls, the transfer of funds to pay membership charges
requires Central Bank approval. The President and the Central
Bank have a number of applications pending for association and
transfer of funds.

421

BRAZIL

c. Freedom of Religion

There is no favored or state religion. An overwhelming
majority of Brazilians belong to the Roman Catholic Church.
All faiths are free to proselytize, establish places of
worship, and train clergy. However, according to the National
Council of Brazilian Bishops (CNBB), missionaries and other
foreign religious visitors have had difficulty entering Brazil
in recent years due to a 1980 immigration law. The CNBB
complained in 1986 that visas for new missionaries and lay
workers were being systematically delayed by immigration
authorities. Plans to revise the immigration law have been
announced by the Government, but action is not expected prior
to enactment of the new constiti ' ion. The Catholic Church
continued its political and social activism during 1986 with
no government intervention. However, government ministers
complained publicly that the Church was interfering in areas
not of its legitimate concern.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within Brazil, nor are
there any unusual restrictions on emigration. Brazil admits
few immigrants and is selective in granting asylum.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

On March 15, 1985, Brazil's first civilian President in 21
years was inaugurated. With the acquiescence of military
leaders, two civilian presidential candidates were chosen, one
a former governor of Sao Paulo with close ties to the
military-dominated government and the other a long-time
civilian opposition leader. The opposition leader, Tancredo
Neves, was chosen President in indirect elections. His
running mate, Jose Sarney, former president of the government
party and long-time civilian politician, was elected Vice
President. Although efforts to establish direct presidential
elections failed, the indirect election of Neves through the
electoral college was widely accepted as a return to civilian
democracy. Neves was hospitalized for emergency abdominal
surgery on the eve of his inauguration, and Sarney became
interim president. Subsecjuently, Neves died, and Sarney was
confirmed for a 6-year term with full presidential authority.

Although the military-inspired 1967 Constitution concentrates
effective political power in the presidency, Sarney has
followed a more consensual style of government. The
President's constitutional powers include the right to issue
decree-laws in a number of key areas and, in the event of an
outbreak of war or threat of serious disturbance, to decree a
state of siege which permits suspension of many civil rights.
Major constitutional amendments passed by the federal Congress
in 1985 removed numerous authoritarian restrictions and
returned Brazil to full democratic status. Direct mayoral
elections were held in all state capitals in 1985. National
elections were held in November 1986 to elect state governors
and legislative assemblies and a new federal Congress. All
seats in the Chamber of Deputies and two-thirds of those in
the Senate were filled, and the few remaining nonelected
federal senators appointed before 1982 were replaced. Thirty
parties representing the political spectrum participated in
the election.

422

BRAZIL

The direct election of federal congressmen and senators in
November 1982 produced a representative Congress. The new
Congress is expected to redefine and augment its powers under
a constitution which it will draft sitting as a constituent
assembly. State governors have been directly elected since
1982, as have all municipal, state, and most federal
legislators. All voting is secret and mandatory for all
adults, except the illiterate who now may register to vote if
they choose.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are a number of Brazilian nongovernmental organizations,
such as the National Bar Association and the Brazilian Press
Association, which are active in investigating and initiating
legal proceedings in cases of alleged human rights
violations. Amnesty International maintains offices in Rio
and Sao Paulo. There have been no claims by any of these
organizations that the Government has tried to impede their
activities. There is a consensus among human rights observers
in Brazil that the human rights situation has improved
dramatically over the past several years. They believe that
the main problems now concern police behavior toward suspects,
prison conditions, and certain economic rights.

The federal Solicitor-General in 1985 designated a federal
prosecutor in each state to monitor and assist in
denunciations of violations of human rights. In 1986 the
Federal Council for the Defense of Human Rights, a
presidential advisory group inactive under the military
government, resumed activities with public meetings. As it
began to take a more active role, the Council examined an
increasing number of cases alleging lack of action by
authorities in cases involving human rights abuses.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination on the basis of sex and race is illegal.
Nevertheless, the proportion of women and blacks in the power
structure is much smaller than their relative share of the
population, a reflection of history, cultural attitudes, and
economic disparities. Women are proportionally well
represented among university students. A large majority of
the black population is concentrated in the lowest economic
strata.

The country's estimated 200,000 Indians, living mostly in the
interior, have suffered in recent decades from population
movements by non-Indians into frontier areas. Despite the
Government's commitment under the 1973 Indian statute to
protect the Indian population, and despite efforts of the
Indian Affairs Agency to demarcate tribal lands, Indians
continue to suffer from government neglect, as isolated tribes
come into greater contact and conflict with Brazil's expanding
internal frontier.

CONDITIONS OF LABOR

The minimum age for employment is 12, but numerous legal
restrictions theoretically apply to all working minors under
age 18. Permission of parents or guardians is legally
required for minors to work. Children from ages 12 to 14 are

423

BRAZIL

legally allowed to work only if provision is made for them to
attend school through completion of primary education, and
only in light work that does not constitute a physical
strain. All minors face restrictions against night employment
and are prohibited from employment in unhealthy, dangerous, or
morally harmful conditions. These laws do not extend to the
types of occasional employment performed by millions of
children and adolescents. Thirty-four percent of all children
between the ages of 10 and 14 are considered economically
active, and 65 percent of Brazilians between the ages of 15
and 17 are employed.

Brazil has a highly codified system of labor regulations,
providing restrictions concerning workplace safety, a 48-hour
maximum workweek, specified periods of rest and vacation, and
a standardized minimum wage. Regulations concerning workplace
safety are detailed, but enforcement suffers from an
inadequate inspection staff.

The minimum wage, which is defined as that "able to satisfy
the normal necessities of the worker and his family," has
averaged approximately $50 per month but was set at $58 in the
February economic package. Prior to these reforms purchasing
power was reduced by the practice of adjusting salaries only
twice a year. A trade union-financed foundation calculates
that the minimum necessary for a decent standard of living for
a family of four is three to four times greater than the
official minimum salary. In 1983, over 40 percent of those
economically active earned less than the equivalent of one
minimum salary; only 30 percent of all workers earned more
than the ecjuivalent of three minimum salaries.

424

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: BRAZIL

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST.-TCTAL..,

ANS

ANTS

ANS

ANTS ,

.SUPP. ASSIST.) ..,

FOR PEACE

ANS ,

ANTS ,

I-TOTAL

. IN S-L0AN3

IN FOR. CURR....,

II-TOTAL ,

lEF.EC.DEV 5 WFP,

ELIEF AGENCY

R ECON. ASSIST..,

ANS ,

ANTS ,

PEACE CORPS

NARCOTICS ,

OTHER ,

II.MIL. ASSIST. -TOTAL.

LOANS ,

GRANTS ,

a. MAP GRANTS ,

3. CREDIT FINANCI^JG..
C.INTL rtlL.ED.TRNS. .
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. 3 MIL.

LOANS .. .

GRANTS ,

0.0

0.8

0.7

0.0

3.3

0.7

0.3

0.0

D.O

0.0

0.3

0.7

0.0

0.8

0.7

0.3

0.0

0.3

0.7

0.0

0.8

0.7

0.3

■ 0.0

0.0

0.8

0.7

OTHER US LOANS. 28.5

37,4 0.0

EX-IM BANK LOANS 28.5

ALL OTHER 0.0

37.4 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

2192.8

2010.3

1727,.1

19132.8

IBRD

1604.3

1523.0

1620.0

13044.4

IFC

61.2

44.6

107.1

1223.9

IDA

0.0

103

524.6

442.5

0.0

4750.0

A03

0.0

AF03

3.0

0.0

, 0.0

0.0

UNOP

0.0

0.2

0.0

87.8

OHER-UN

2.7

0.0

21.7

ee:

0.0

3.0

425

CHILE

Chile is ruled by a military government which took power in a
1973 coup. Prior to that time, except for brief periods,
Chile had elected civilian governments since independence in
1810, and respect for political and human rights generally
prevailed. The current Government includes both military and
civilian officials and operates under the Constitution adopted
by plebiscite in 1980. The military junta exercises the
legislative function, and a separate judicial branch carries
out judicial duties, but primary authority resides with the
Commanding General of the Army and President, Augusto
Pinochet. Under the 1980 Constitution, President Pinochet's
term of office expires in 1989. In late 1988 or early 1989, a
plebiscite is to be held on a presidential candidate to be
selected by the commanders-in-chief of the four armed
services. There are no constitutional restrictions on
President Pinochet being that candidate. If approved by a
simple majority in the plebiscite, that candidate would serve
until 1997. If a majority voted "no," the Constitution calls
for open and direct presidential elections to be held within
one year, simultaneously with congressional elections
scheduled for 1990.

Civil liberties are provided for in the 1980 Constitution, but
the Government maintains significant discretionary authority
to limit them by use of one or more of the five states of
exception also provided for in the Constitution or its
transitory articles. On September 7, immediately following an
assassination attempt against President Pinochet, the
Government added a third state of exception, the state of
siege, to the two already in effect. The state of siege and
its related restrictions were allowed to expire on January 6,
1987. Concurrently, the Government lifted the late-night
curfew in effect for most of the last 13 years.

Many fundamental political freedoms in Chile during 1986 were
severely restricted. Rights of private property, freedom of
religion, and minority rights are respected, but freedom of
association and assembly, freedom from arbitrary arrest and
exile, and freedom of speech and of the press are limited.
Human rights conditions are strongly affected by a number of
factors: the prolonged maintenance of states of exception, the
lack of major, significant progress toward a return to
democracy, and terrorist violence such as the unsuccessful
attack against President Pinochet and the subsequent murders
of four government opponents associated with the far left.

Laws establishing a voter registration system and an electoral
court to supervise the 1989 plebiscite and the 1990
congressional elections were enacted, and the Government
publicly promised the promulgation of the law legalizing
political parties in the first part of 1987. However,
progress in creating the juridical framework necessary for a
transition to democratic rule was not fully matched by steps
to develop a correspondingly free political atmosphere,
conducive to a successful transition to full democracy.

Reliable and documented reports of torture and mistreatment of
those detained by Chilean security forces continue to be
received by human rights organizations. In addition, members
of the security and military forces are widely believed to be
responsible for the many kidnapings, beatings, torture, and,
in a few cases, murders, carried out against human rights.
Catholic Church and opposition figures, for which no suspects
have been identified or apprehended. One army officer is

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currently under detention for the July burning of a young man
and woman, an incident which caused the death of the young
man.

Extremist groups of the left and right have murdered military
personnel, police officers and civilians. In addition,
left-wing groups have bombed buildings and other installations
identified with the Chilean Government or the United States.
In August Chilean authorities discovered the largest cache of
clandestine weapons ever found at one time in Latin America.
U.S. Government experts who examined the weapons concluded
that they had most probably been supplied by Cuba, and that
they were intended for use by the Chilean Communist Party and
its military wing, the Manuel Rodriguez Patriotic Front
(FPWR), possibly against a future democratically elected
government. The FPMR acknowledged having hidden the weapons.

During 1986 the Government continued to cooperate with the
Special Rapporteur of the United Nations Human Rights
Commission (UNHRC) . It provided a lengthy statement
responding to the Special Rapporteur's February report, as
well as to a resolution adopted in March by the UNHRC. The
Government increased its cooperation with the International
Committee of the Red Cross (ICRC) by permitting ICRC doctors
to visit persons held by the National Information Center
(CNI), the Chilean secret police. In January 1987, The ICRC
reached a similar agreement with the Investigations Police.
The Government also established a Commission on Human Rights
to act in an advisory role to the Ministry of Interior. This
Commission was charged by President Pinochet in his 1987 New
Year's speech with reviewing the cases of all exiles on a
government-maintained list, with an eye toward allowing a
substantial reduction from the 3,500 now prevented from
returning to Chile. Of this roughly 3,500, 227 were deemed to
be immediately able to return to Chile. During 1986 the
Government had reduced this list slightly, and did not employ
the administrative power of internal banishment (relegacion)
used extensively in previous years against government
opponents .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The number of people killed or injured in acts of violence
with apparent political motives continued at a high level.
According to the Vicariate of Solidarity, the human rights
organization of the Catholic Church, 72 persons died and 409
were wounded in acts of political violence during 1986. The
deaths and injuries resulted from both deliberate and random
actions by security and military forces and by left- and
right-wing terrorists. The Vicariate said half the deaths
were caused by government forces. There were at least nine
deaths caused by right-wing extremists during the year. There
are persistent allegations that members of the security and
military forces are tied to right-wing extremists responsible
for at least some deaths. Left-wing terrorists appear
responsible for the killing of 15 persons. Of those, 10 were
security and military force members. According to press
accounts, 17 persons killed during the year were members of
terrorist organizations.

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Some specific instances compiled from official figures, human
rights organizations, and the press: In January a young woman
was shot and killed by individuals reported to be from the
Investigations Police during an incident in which the
authorities detained several other. In February a policeman
was killed and 15 others wounded in a bomb attack, probably by
leftist terrorists, against a police bus. In April a
storekeeper who had been active in a conservative political
party was assassinated by left-wing terrorists. In the same
month, a terrorist ambush resulted in the death of a police
officer and one of the terrorists. Two persons died when an
explosion destroyed the house in which they were reportedly
making bombs. In May a young student in Santiago was shot and
killed during a confrontation between students and a military
patrol during a blockade of the entire central part of the
city by the armed forces. In June a terrorist bomb attack
against the Santiago metro system left one person dead and
seven injured.

In early July, a general strike called by the Civic Assembly,
an opposition organization, was accompanied by a number of
violent incidents which resulted in 8 deaths and injuries to
over 50 persons. Seven of the deaths were caused by gunshot
wounds, five reportedly fired by military patrols and two by
unidentified people firing from passing vehicles, a tactic
frequently attributed to right-wing terrorists. The eighth
death was that of Rodrigo Rojas de Negri, a 19 year old U.S.
resident of Chilean origin. According to the attorney for the
family, Rojas was carrying Molotov cocktails in company with
other youths who intended to set fire to a street barricade to
block traffic on a major Santiago thoroughfare. Eyewitnesses
said the group was stopped by a military patrol and that Rojas
and Carmen Quintana were deliberately beaten and set on fire
by members of the patrol . The youths were left in a deserted
area but made their way to a hospital after several hours.
Rojas died 4 days later; Quintana is recuperating from her
severe burns in Canada. A military court is presently
investigating the case, and the army lieutenant who commanded
the patrol is under arrest, charged with using unnecessary
violence resulting in death. Other members of the 25-man
patrol have not been charged with any violations of the law.
Some witnesses and attorneys involved in the case have claimed
harassment on the part of the Government. One witness, who
has admitted carrying a Molotov cocktail on the day of the
incident, was arrested in August and released on bail in
January.

Left-wing terrorists attempted to assassinate President
Pinochet on September 7 in an ambush which resulted in the
deaths of 5 of the President's bodyguards and the wounding of
10 others. This act led to the proclamation of a state of
siege in Chile. A number of people have been detained in
connection with the attempt.

Within 48 hours of the attack on President Pinochet, four
persons who had ties with either the Communist Party or other
extreme left groups, were killed by unidentified gunmen. An
extreme right-wing group calling itself the September 11
Command claimed responsibility for these murders, stating that
they were in retaliation for those killed in the assassination
attempt. A judicial investigation was initiated. No suspects
have been identified.

In November two men were killed in a clash with police after
robbing a bank in a small town near Santiago; a police officer

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was also killed in the gunfight. Police claim that one of the
individuals was a top leader of the terrorist Movement of the
Revolutionary Left (MIR) .

In December one person was killed in a shootout following the
explosion of a dynamite charge thrown at CNI headquarters. A
pregnant woman and her unborn child died in December of wounds
received in an attack on a public bus.

During 1986 the two major left-wing terrorist organizations in
Chile, the Communist Party's FPMR and the MIR, significantly
stepped up their efforts to promote a violent overthrow of the
Government. There is considerable evidence of Soviet, Cuban,
Nicaraguan, Libyan, and East European training and other
support for these two groups. Several large weapons caches
were discovered in August, containing over 3,000 automatic
rifles, more than 100 rocket-propelled grenades, some 100
light anti-tank weapons, millions of rounds of ammunition, and
tons of explosives.

U.S. Government experts determined that the arms cache was
most likely provided to the FPMR by Cuba. Other sources have
indicated that Cuban officials have acknowledged their role in
private conversations. Weapons similar to those found in the
arms caches were used in the September attempt on President
Pinochet's life. FPMR spokesmen have announced they will
continue efforts to kill the President.

It is believed the bulk of these weapons may have been meant
for use against a future democratic government in Chile, as
well as against the present Government. FPMR spokesmen have
said publicly that they will not necessarily lay down their
weapons once an elected government is in place. The smuggling
of huge amounts of war materiel into Chile by the Communist
Party influenced the moderate opposition's decision to refuse
to participate with the Communists in demonstrations in
September .

As noted, right-wing terrorist groups caused a number of
deaths and injuries in 1986. Three such groups are the
Chilean Ant i -Communist Action (ACHA) , the September 11
Command, and a nebulous movement called the Armaggedon
Rightist Group. There are allegations that members of the
security and military forces may be involved in some of these
terrorist organizations.

A law enacted in late December absolves members of the
Investigations Police who use their weapons to repulse
violence or overcome any resistance to authority. Human
rights organizations find the wording of this law excremely
vague, and fear it could be used to justify unnecessary
violence against those attempting peacefully to express their
opposition to the Government.

b. Disappearance

There were no substantiated reports of disappearances during
1986. A number of reports were filed by family members
concerning persons who disappeared after being picked up by
unidentified persons, but all were later accounted for as
detained by security forces.

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c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and police brutality continued to be serious
problems. There were no reported deaths in 1986 as a result
of mistreatment while in custody of the authorities, compared
with four such cases in 1985. However, there were 109
individual cases of torture reported by the Vicariate of
Solidarity. This compares with a total of 84 cases in 1985
and 84 in 1984. These are cases in which the victims have
filed formal complaints.

The Constitution prohibits "use of illegal pressure" and
"guarantees to all persons the right to life and to the
physical and psychological integrity of the individual."
Government officials deny that the use of torture is
authorized and note that members of the uniformed services are
being investigated by the civilian and military judicial
systems for their possible involvement in cases of alleged
mistreatment. The Supreme Court instructed all courts in
January to give special attention to cases in which charges of
torture or illegal detention might be involved. A number of
cases of mistreatment reportedly continue under investigation
by the courts .

Most reports of torture state that the victims were subjected
to beatings, electric shocks, or threats, particularly during
the first days of detention. In September a victim was
examined by a police doctor who found marks indicating the
prisoner had been tortured during detention by the CNI .

Government officials claim that all registered complaints of
abuse or torture by the authorities are investigated, and that
officials involved are brought to justice. The Government
cites as an example a case in January in which three
detectives were given suspended 3-year sentences for the
death of a young man they had detained in 1985. The
Government is appealing, seeking a stronger sentence. Human
rights groups assert, however, that many complaints are not
actively investigated. Secret court proceedings often make it
impossible either to verify which cases involving torture
charges may be under active investigation or the stage of such
investigations .

The Government agreed to permit visits by ICRC doctors to
persons held in CNI and Investigations Police detention
centers. Most instances of torture are alleged to occur while
persons are detained by the CNI .

There also continued to be reports of people being kidnaped or
detained for short periods by unknown individuals. Often
these people have been physically abused while being held.
There were 562 reports of threats against individuals in 1986,
as compared to a total of 564 in 1985, 402 in 1984, and 212 in
1983. These include violent kidnapings, personal
confrontations in the streets, unauthorized, often violent
searches of homes or offices by persons who refuse to identify
themselves, and telephone threats. As in the past years, most
victims have been students, professional people, political
activists, journalists, trade unionists, social workers and
their relatives, and employees. Most kidnapings appear to be
attempts to intimidate those involved in human rights
organizations, labor unions, church-based community
organizations, or political activities. There have been no
known arrests or prosecutions in any of these cases.

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Reports of incidents of deliberate and random police brutality
continued to be heard, particularly from persons detained
during protest demonstrations or on other political grounds.
Human rights activists have noted, however, that the actions
of the police attempting to control crowds improved in 1986,
with considerably less violence being used to disperse
unauthorized demonstrations. In contrast, there was a marked
increase during the year in the use of army personnel in crowd
control, beginning in March, when a series of demonstrations
began under the sponsorship of the political opposition.
Young troops wearing battle dress and black face paint became
a symbol for government reaction to protest activities. Some
of the deaths resulting from demonstrations were reportedly
caused by these troops. This practice was not in evidence in
the latter half of the year.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrests and detentions showed a marked increase in
1986. Before the state of siege was invoked in September, the
Government had conducted massive sweeps, or police roundups,
in the poorer areas in and around large urban centers. These
sweeps involved brief detentions of thousands of persons,
although only eight persons were eventually charged with
violations of law. In these sweeps, army troops were used to
surround and seal off the area and to conduct house-to-house
searches. Such sweeps were also carried out under the state
of siege following the Pinochet assassination attempt, but
army troops were not used in the house-to-house searches,
which were conducted by the police.

The Constitution provides that search warrants be issued by
either a civilian or military court for specific locations.
Challenges by human rights groups in June to the legality of
massive searches of private homes were rejected by the Supreme
Court, which held that a single order by a military judge to
search a given area was sufficient to permit searches of all
the houses in that area. According to witnesses, search
warrants were not shown during the sweeps.

These operations were justified by the Government as a
response to complaints by residents in these areas over a
drastic increase in common crime. According to residents,
robberies, rapes, assaults, drug abuse, and other crimes are
commonplace. There have also been complaints of an increase
in the use of weapons by criminals. While these complaints
are well-founded, few criminals were actually apprehended
during the sweeps. Those detained were generally released
within a matter of days for lack of evidence.

Aside from sweep operations, the Government also briefly
detained 7,019 people in 1986. This compares to 5,314 in 1985
and 5,261 in 1984, and includes both individual and group
arrests. Most of those detained in large demonstrations were
generally released once their identity was established, but
during 1986 there was a noticeable increase in the number of
people detained for longer periods of time. Of the 7,019
people detained in 1986, 555 were eventually charged before
the courts. Of these, 36 were charged for terrorist
activities .

Transitory Article 24 of the Constitution — under which the
Government may order detention for 5 days without affording
detainees the right to a judicial hearing, or for as much as
20 days in cases where terrorist acts were involved — was in

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effect throughout 1986. Prisoners were often held
incommunicado during the initial period of investigation.

Once formal charges are issued and cases brought before the
court system, defendants are allowed a lawyer of their own
choosing; lawyers affiliated with hximan rights organizations
are made readily available by those groups without charge.
Many of those detained under this article are never charged
and are released after several days of detention.

While the state of siege was in effect, the Ministry of
Interior could order detention without charges. Under these
powers, 46 people were detained in Santiago for varying
periods of time. All have since been released. Unlike
previous states of siege, there were no massive arrests
without charges nor the establishment of special facilities to
hold those detained.

The Government also used the various security laws to detain
people for prolonged periods of time while their reported
roles in protest activities were investigated. It detained
the leaders of the opposition Civic Assembly group for over 40
days following the July 2-3 general strike. Similarly, two
employees of the Vicariate of Solidarity and three doctors
from a private clinic were detained for over 60 days for
investigation of their role in treating and aiding a reported
terrorist. Two doctors, one a Vicariate employee rearrested
in December, remain under detention in this case, charged with
violation of the antiterrorist law. Under Chilean law a judge
investigating a violation of the law has the obligation to
order the detention of anyone the evidence shows might have
been involved in the violation. Human rights groups claim
some of these detentions appeared to have been designed more
to intimidate various opposition political groups or human
rights organizations than to maintain law and order.

Persons officially charged with or convicted of violations of
internal security laws continue to be imprisoned with common
criminals. Attacks by common criminals against these
prisoners have generated demands for separate detention
facilities for those held on security grounds. They have
rights to visitation and communication with their families,
friends, legal counsel, and representatives of the ICRC.
These rights are subject to the limitations of Transitory
Article 24 of the Constitution, which allows for restriction
of visitation rights in the first days of detention, before
prisoners are remanded to the court system. The ICRC,
however, now has access to most of those detained, as set out
in its agreements with the CNI and Investigations Police.

Some opposition figures were detained during the year on
charges of insulting or libeling the President, the Supreme
Court, and/or the military institutions. These charges were
generally brought before the civilian courts under various
laws, and defendants were jailed for varying periods of time
while the charges were investigated. A libel suit by
opposition political leaders against President Pinochet was
rejected by an appeals court on the grounds that the
President's words were "an act of administration," and as such
could not be covered by an ordinary tribunal. This decision
has been appealed to the Supreme Court.

Those detained on charges of libel and other nonviolent acts
were usually released on bail after a few days or weeks in
prison. Often the bail set for their release was minimal.

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reinforcing the perception that their detention was
politically motivated.

The Government during 1986 slightly reduced the number of
Chileans prohibited from returning to Chile. The official
list of exiles at the end of 1986 contained 3,507 names,
marginally down from 3,848 at the end of 1985. However, in
January the Government committed itself to a rapid review of
all exiles on the list with a view to allowing most of them
back into the country; 227 were allowed to return
immediately. Human rights organizations state, however, that
there is another list of Chileans banned from returning
because they took out citizenship in other countries during
their prolonged exile.

In 1986 no additional Chileans were exiled. There were a few
instances of prisoners convicted of violations of the security
laws being permitted to leave the country in lieu of serving
their sentences; persons taking shelter in foreign embassies
following threats were allowed to leave Chile.

With a single exception, the Government did not use the
administrative powers available to it under either the state
of siege or Transitory Article 24 to send people into internal
banishment. This was a positive change from previous
practice; in 1985, 168 persons suffered this administrative
punishment. One person was sentenced in June to 400 days in
internal banishment after being found guilty of distributing
pamphlets near a military base.

Forced or compulsory labor is prohibited in Chile, and there
have been no complaints on this issue since the mid-1970s.

e. Denial of Fair Public Trial

The right to a fair public trial remains limited by Transitory
Article 24 and, while it was in effect, the state of siege.
While first-instance jurisdiction for the prosecution of
proscribed political activities remains with the regular
civilian courts, broader interpretation of the various
security laws has allowed the military courts to handle more
of these cases. As in most civil law systems, trial is not by
jury, reliance is on the written record rather than oral
testimony, and the judge directs the investigation, finally
deciding innocence or guilt. The investigation phase is
considered secret, with limited access to evidence or
testimony developed by the judge. Secrecy of the
investigation makes it extremely difficult to learn whether or
not justice is being done. There is a well developed
multi-stage appeal process leading ultimately to the Supreme
Court .

While there have been few charges that opposition figures have
been convicted as a result of unfair trials, there were
increased charges in 1986 that judges failed to investigate
vigorously charges of government abuses of human rights.
There were also charges that those few judges who attempted to
carry out their responsibilities in an independent manner were
open to censure by other judges. An example in August was one
judge, investigating the 1976 disappearance of 10 persons, who
ordered the detention of 40 people for investigation of their
possible involvement; he was suspended for 2 months on half
pay by the Supreme Court for failing to obey the decision of
an appeals court that the defendants were covered by a 1978

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amnesty law. The Supreme Court further ordered the release of
all those detained in the case.

Weapons violations, often the basis of charges against
terrorists, are tried befoie a military court. Appeals may be
made to a military court of two civilian judges and three
professional military judges, and, in the last resort, to the
Supreme Court. Human rights groups have complained that
military courts have assumed a greater role in trying cases
previously decided in the civilian court system.

In general, there were few indications in 1986 that the
judicial system, although nominally independent, was prepared
to take a vigorous stance in the investigation of charges of
past or current human rights abuses by government security
forces. The decision by a civilian judge to charge with
simple misdemeanor the officer commanding the military patrol
involved in the burning of two young people on July 2 caused a
furor in the Chilean legal community. A later decision by the
five-man military court to upgrade the charge to a more
serious crime was, in turn, greeted favorably by human rights
organizations .

There continue to be reports of the failure of the security
forces to cooperate with judges investigating human rights
violations. In September, after the assassination attempt
against the President, the CNI refused to comply with various
court orders to allow some detainees to see their families or
to allow them to appear before the courts. Despite these
refusals, the courts took no actions against the CNI. In
October the Court of Appeals in Santiago ruled that the state
of siege did not permit the incommunicado detention of
persons, although other legislation does allow it. In
another instance, the Court of Appeals in Valdivia ordered a
military judge to initiate a charge of contempt against the
CNI for failing to comply with court orders to bring before
the court 18 people who had been detained. The Court further
denounced the CNI for providing contradictory information, and
for using delaying tactics to avoid obeying court orders.
According to human rights groups, this case is unique in that
the court took action to attempt to force the CNI to comply
with court orders, whereas in most instances the courts simply
fail to follow up when their requests are denied or ignored by
the security forces.

In recognition of the seriousness of this problem. President
Pinochet sent a letter in October to the Supreme Court in
which he indicated that the CNI was once again being ordered
to comply with court orders to deliver detainees to the
courts, and to provide them with protection when ordered by
the courts. The President further ordered the Ministries of
Interior and Defense to instruct the security forces under
their control to obey the requests and orders of the courts.
In December, however, a Santiago appeals court complained that
the CNI refused to make a detainee available to the court, and
further refused to allow a civilian judge to interview the
detainee personally.

The Government maintains that there are no political prisoners
in Chile, and that all those so labeled by human rights groups
are persons who have been charged and/or convicted of common
crimes such as murder, robbery, bombing, and possession of
arms. Vicariate of Solidarity records indicate that there
were 418 persons in prison at the end of 1986 whom the
Vicariate labeled political prisoners. This figure did not

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distinguish between those charged for violent actions and
others who have not committed acts of violence. Of the 418,
355 were jailed awaiting trial on various charges of violating
state security and arms control laws, and 63 were serving
sentences after being found guilty of such crimes. The crimes
involved in these cases included robbery with violence,
murder, use of explosives, belonging to terrorist groups,
kidnapings, illegal possession of arms and ammunition,
sabotage, falsification of documents, and assaults against
security forces or public installations. In some of these
cases individuals were held under suspicion of violating state
security laws although they were not charged with specific
acts of violence.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Searches of the home and interception of private
communications are permitted by the Constitution, provided
that search warrants are issued by either a civilian or
military court for specific locations. The 1984 antiterrorist
law provided legal authority for surveillance of those
promoting political views contrary to the Constitution, for
interception, opening or recording of private communications
and documents, and for surveillance of individuals suspected
of terrorist crimes. In 1986 a Supreme Court decision allowed
mass searches of homes based on a single warrant issued by a
military judge. There were also numerous reports of security
forces carrying out searches of offices and homes without
complying with legal requirements. A significant number of
these searches were carried out in the early hours of the
morning, often with force and violence. At the beginning of
the state of siege in September, the general level of popular
fear was increased by the failure of security forces to
identify themselves or to show search warrants, particularly
after the violent deaths of four people who were taken from
their homes during the first 48 hours of the state of siege.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees these freedom. There are no
constitutional provisions for official censorship although new
periodicals must have government approval to begin
operations .

Nevertheless, the Government exercises considerable control
over the media. Since 1973 the Government has formally and
informally advised the press, radio, and television of norms
for covering domestic developments, and self-censorship is
practiced by the media. Several major media enterprises are
seriously in debt to government financial institutions, a
situation which provides the Government with further influence
over news and editorial content.

The National Directorate of Social Communication (DINACOS)
frequently makes suggestions and requests to the media in
areas ranging from editorial matter to personnel recruitment.
Television in Chile is the medium most tightly controlled by
the Government, which itself directly operates one network.
The other television stations, operated by the University of
Chile, Catholic University of Chile and the Catholic
University of Valparaiso, receive guidance from DINACOS.
Program planning also is influenced by self-censorship by the

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Stations. Opposition leaders state that they are unable to
present their views on television. The daily press, operating
under DINACOS guidance, provides coverage of some statements
and activities of the political opposition. Opposition
magazines, while often quite outspoken in their coverage and
commentaries, face the threat of harassment, legal and
otherwise. Radio is subject to the same pressures.

During the first 6 months of 1986, media restrictions were
relatively relaxed and there were several positive
developments . took place. In March the Government issued a
decree removing restrictions on media reporting of the
activities of political parties. Restrictions remained,
however, on the coverage of events described by Chilean law as
"terrorist acts," "activities promoting violence (or a)
totalitarian concept of society," or of acts described by law
as inciting or provoking demonstrations that might alter
public order. Also proscribed are criticisms of the President
and the armed forces. In June the Government issued a decree
authorizing a new daily newspaper associated with the
democratic opposition to begin publication in March 1987. One
negative develoment was the arrest in March of the foreign
editor of Analisis, Fernando Paulson, on charges of slandering
the armed forces.

The situation changed sharply at midyear with the calling of a
national strike. From July 2 to 7, four Santiago radio
stations were restricted to broadcasting only advertisements,
official information and music. On July 3, the Interior
Ministry filed two legal charges against the leftist
opposition newsweeklies Analisis and Cauce. Several Analisis
staff members were charged with "calumny against the
President" and "incitement to violence." Later, editor Juan
Pablo Cardenas was detained for a month, charged with defaming
the President. On September 1, the Government confiscated an
issue of the magazine, at the same time suspending its
publication for 3 weeks. Analisis was one of the six
opposition publications and two international wire services
suspended under the state of siege. Jose Carrasco,
international affairs editor of Analisis and a member of the
MIR, was subsequently kidnaped and murdered by suspected
right-wing extremists. Since then, several journalists of the
magazine reportedly received death threats.

Warrants were issued against some journalists following the
declaration of the state of siege and a few fled the country.
Reported telephone death threats were received by APSI
reporter Jorge Andres Richards and radio reporter Carlos Tobar
Leyton. Cauce editor Gonzalo Figueroa was jailed for alleged
offenses against the Chilean armed forces, but was later freed
on bail by a military tribunal.

State of siege media regulations ended on January 6, 1987.

While freedom of speech is normally respected for private
conversation in Chile, human rights groups assert that the
Government conducts extensive monitoring of mail and
telephonic communications.

b. Freedom of Peaceful Assembly and Association

Restrictions on peaceful assembly and association were
tightened in early 1986 by the issuance of a military edict
prohibiting political meetings in public or private places in
Santiago without prior permission from the chief of the

436

CHILE

military zone. Meetings in privately owned buildings such as
theaters had previously been permitted, as when organizations
met in March to form the Civic Assembly. The states of
exception in force have for 13 years severely restricted those
seeking to redress grievances against the Government by means
of peaceful demonstrations or public meetings. Leaders of
opposition groups were arrested for holding, instigating, or
organizing unauthorized demonstrations. The states of
exception generally have not interfered with other activities,
including elections, of most labor unions and professional
associations .

Permission to hold public rallies must be sought from, the
authorities at least 5 days in advance and may be obtained
only by those organizations or groups which have legal
status. Political parties and some national trade union
organizations are not now authorized under the law, and are
unable to obtain status. Those who organize or call for
unauthorized demonstrations are subject to arrest and
prosecution, as in the case of the leaders of the Civic
Assembly in July. These leaders were detained for varying
periods of time, some up to 43 days, and then released
provisionally pending the results of a judicial investigation.

The Government authorized no public rallies or demonstrations
by the political opposition in 1986 in metropolitan Santiago,
which has 38 percent of the nation's population. The granting
of permission to hold meetings in enclosed buildings has
varied, with some meetings being approved and others not. The
Government refused to permit the Chilean Human Rights
Commission to hold a meeting marking International Human
Rights Day on December 10 in a rented theater; the meeting was
held in the Commission's own small offices, thereby limiting
participation.

Legally recognized unions do not need permission to hold union
meetings or conferences, and collective bargaining, strikes,
and internal union elections are carried out freely and
openly. Under the state of siege, unions needed prior
approval for meetings, and permission varied from locality to
locality; the vast majority had no difficulty obtaining
permits. Unions have faced other legal difficulties,
however. The Government took legal action against the January
national conference of the Confederation of Copper Workers for
electing leaders who did not meet the legal requirements for
holding union office. The courts ordered union offices and
assets placed in escrow, and prohibited the elected officials
from carrying out any union duties until questions over their
eligibility were clarified. Following 9 months of stalemate,
the union officials resigned. Several other unions had their
offices searched during the annual labor day celebration.
There were also continued reports of individual labor leaders
being dismissed from their jobs under circumstances suggesting
the firings were due to their criticism of management or of
the Government .

Labor leaders, including those with close ties to the
Government, continued to voice complaints concerning the
decree-laws known as the "Labor Plan." They say the law
places severe restrictions on collective bargaining and the
right to strike and on the development of national union
confederations. Strikes are prohibited in designated
strategic enterprises, primarily the public utilities, the
largest government copper mine, and the petroleum industry.

437

CHILE

In 1986 the Government substantially reduced the number of
enterprises designated strategic.

The Government enacted legislation to reestablish the labor
court system, but the lack of necessary infrastructure has
delayed these courts from actually beginning their work.
Industrial relations analysts and trade union leaders, while
welcoming the legislation, have been critical that it did not
reinstate the same number of courts as had previously existed,
and because the courts will be given jurisdiction over subject
areas which had not previously been covered.

Labor unions maintain relations with international labor
bodies in their fields. Chilean worker delegates
participating in conferences of the International Labor
Organization (ILO) have had their credentials challenged in
the past, but in 1986 the Government sought to avoid this
challenge by seeking to consult with representative trade
unions in Chile. In 1986 a number of complaints were filed in
the ILO against the Government concerning violations relating
to freedom of association, employment, and freedom of
expression.

Organized labor continued to press for a full investigation of
the 1982 murder of labor leader Tucapel Jimenez. In August,
the Supreme Court rejected an appeal for a reversal of the
investigating judge's decision to declare the case closed.
Family members and trade union leaders have since requested
that another judge be assigned to investigate the murder.

c. Freedom of Religion

The Constitution guarantees absolute freedom of religion.
Although Chile is predominantly Roman Catholic, there are no
restrictions on religious practices and no official
discrimination against any religious group. A number of
Protestant denominations and other groups are active and
report full freedom and tolerance, as does the Jewish
community. Religious belief and adherence appear to have no
effect on acceptability for government positions in Chile.

Despite this, there were at least 17 bombings against the
Mormon Church, with left-wing terrorist groups claiming
responsibility. In addition, there were a number of attacks
against the property and officials of the Catholic Church.
Shots fired at the Bishop of Osorno and at the vehicle of the
Bishop of Temuco; there were threats against the Bishop of
Concepcion. Lay workers for the Catholic Church are also
often the victims of intimidation and threats, particularly
those working in the poorer neighborhoods. In another
incident, three French Catholic priests were expelled from
Chile shortly after the state of siege was imposed; the
Government accused them of "meddling" in domestic Chilean
affairs. Other clergymen were briefly detained and two
American priests had their residence permits limited to
renewable short-term stays.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Chileans have full constitutional freedom to move within and
to enter and leave their country. Exceptions are exiles who
are prohibited from returning to Chile; as noted, the
Government in early 1987 announced an initiative to reduce
this number. As many as 1 million Chileans live abroad.

438

CHILE

principally for economic reasons. Most current emigrants seem
to be motivated by economic rather than political factors, and
no impediments have been placed on their return.
International organizations dealing with migrants believe the
volume of skilled and unskilled workers returning to Chile now
roughly equals the number leaving. The UNHCR and other
organizations assisted in the repatriation of 393 individuals.

President Pinochet in September said there was need for a
census of all former exiles because of their possible
involvement in the attempt on his life. The remark caused
widespread concern within the human rights community over the
safety of repatriates. The UNHCR expressed concern at the
President's remarks. No specific actions have been taken by
the Government to undertake a census of the former exiles.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

Under the Conaititution, a plebiscite is to be held before
March 1989 to accept or reject a candidate for president to be
chosen by the four commanders-in-chief of the armed services
and police. If approved, the candidate will serve until 1997;
if rejected, there will be open presidential elections one
year later. Congressional elections are scheduled no later
than early 1990. Once a congress takes office in 1990, the
military junta will be abolished. Until then, the junta
exercises legislative authority, subject to presidential
approval .

The Government is pledged to carry out the provisions of the
Constitution. In 1986 it established the national electoral
registry to have voter lists ready for the 1989 plebiscite and
the congressional elections in 1990. The Government also
promised to approve a law by March 1987 which will allow
political parties to reorganize and legally conduct their
activities. Until now, the democratic political parties have
operated openly but without a legal basis for doing so, and
without benefit of such rights as freedom of assembly. They
and their leaders, therefore, are vulnerable to potential
prosecution or other government harassment.

The compilation of new voter registration rolls is likely to
be time consuming due to the largely manual procedure that has
been selected and it is therefore improbable that they will be
ready before 1988. The opposition has complained that this
virtually forecloses any possibility of modifying the
Constitution until mid-1988, when it can be done only by
national plebiscite at the request of President Pinochet.
This would reduce the possibility of replacing the
presidential plebiscite with an open presidential election, a
reform advocated even by some groups now supporting the
Government. While reestablishment of voter registries
constitutes progress in creating the legal framework necessary
for a transition to democratic rule, this progress was not
matched by steps to develop a correspondingly free political
atmosphere conducive to a successful transition to full
democracy, such as open access to the media and freedom of
assembly.

The political opposition rejects significant elements of the
1980 Constitution, including its provisions relating to
presidential and congressional elections, the powers of the
presidency and the military, and restrictions on civil
liberties, among others. Democratic opposition parties want

439

CHILE

the Constitution revised or replaced in a process of
negotiations with the armed forces. The Communist Party, one
faction of the Socialist Party, and the MIR seek the complete
overthrow of the Government and the establishment of a
Marxist-Leninist regime.

Eleven democratic opposition groups organized in a loose
coalition signed a "National Accord for the Transition to Full
Democracy" in 1985. The document called for an orderly
transition to democratic rule through the immediate
restoration of political rights, free elections for president
and congress, and a means to amend the Constitution. The
Government rejected the National Accord and refused to meet
with its representatives. In October 1986, however, three
Junta members publicly noted their willingness to begin
conversations with the opposition. The Government, in
discussions offered as distinct from those conducted by the
Junta members, also offered to discuss the prospective
political parties law with those parties meeting certain
criteria. Most National Accord parties declined to
participate in these discussions because of their limited
focus. In November several meetings between junta members and
spokesmen for the opposition took place.

During the first half of 1986, some of the parties in the
National Accord promoted strikes and demonstrations to
convince the armed forces of the need to negotiate a return to
democratic rule. Simultaneously, leftist extremists mounted
an intensified campaign of bombings, killings, slum riots, and
other terrorist tactics designed to polarize Chile into two
armed camps and destroy any possibility for a peaceful
democratic transition. The Government reacted to the
violence, and to peaceful demonstrations as well, with
repression .

Due to the restrictions on civil liberties, overt organizing
by the political opposition was largely confined to the
university campuses and professional associations. Elections
for student federation leaders, labor and professional
association officials, and faculty deans in some universities
were mostly won by the opposition. Demonstrations by students
and strikes by professionals were frequent during 1986, and
confrontations often broke out with security forces.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government cooperated with the UNHCR ' s Special Rapporteur
and provided a detailed reply to the Special Rapporteur's
March report on the human rights situation in Chile. While
critical of the methods used in gathering information and of
what it felt was inadequate attention to information it had
supplied, the Government has nevertheless said that it will
continue to cooperate with the Special Rapporteur and approved
a second visit by him to take place in early 1987.

The Government refused to cooperate with the Inter-American
Human Rights Commission, and denied it permission to enter
Chile. In September a government spokesman stated that the
Government has made numerous attempts to establish a climate
of cooperation, but charged that the Commission's reports on
Chile are unbalanced and distorted. A statement by the
Commission on the September state of siege was rejected by the
Government; it said the Commission failed to mention that the

66-986 0-87-15

440

CHILE

state of siege was precipitated by the assassination attempt
against President Pinochet, the discoveries of large arms
caches, and other terrorist activity.

The Government has broadened its cooperation with the ICRC.
On January 2, 1987, the Investigations Police of Chile and the
ICRC reached an agreement granting the ICRC access to
prisoners held by that branch of the Chilean security forces.
The agreement limits interviews to persons detained for more
than 24 hours, "with the sole object of determining their
state of health." The agreement follows an earlier 1986
understanding permitting ICRC access to prisoners detained by
the CNI in its detention centers.

Visits and investigations by private international human
rights groups continued to be allowed by the Government.
There was, however, a change in the Government's policy
regarding access to prisoners for several months; for example,
the leaders of the Civic Assembly who were held during most of
July and August were not allowed visits without written
government authorization which was usually granted. This
policy, however, was not strictly enforced.

Amnesty International visited Chile during 1986 and issued a
report in September covering alleged illegal practices of the
security forces. The Government charged the report lacked
objectivity, and asserted that members of the security forces
found guilty of abuses are punished according to the law.

tin June the Government established a Human Rights Commission
to serve as an advisory body to the Ministry of Interior. The
six-man Commission is to review terrorist actions which result
in deaths or injuries, torture cases, and arbitrary
detentions. It is authorized to propose social and economic
remedies to the victims of terrorism, torture, and arbitrary
detentions, and to propose measures to prevent the recurrence
of such abuses. While the Ministry of Interior is responsible
for providing administrative and technical assistance, members
of the Commission maintain that their work is completely
independent of the Government. The Commission visited the
site of an ongoing sweep by security forces in July, and
reported that it had received no complaints from the residents
affected, though residents may have been wary of speaking in
the presence of security forces. The Commission was also
charged by the Government with recommending a substantial
reduction in the exile list within the first 90 days of 1987.

Nongovernmental human rights organizations note that
government investigations of human rights complaints rarely
lead to fixing responsibility for violations. They also note
that very few members of the security forces have been
punished, despite the large number of documented abuses
brought to light.

The Catholic Church continues to take the lead in defending
human rights. It supplies legal counsel to those accused of
politically related crimes and to victims of human rights
abuses. Its Vicariate of Solidarity monitors the human rights
situation throughout Chile, has issued factual monthly reports
on human rights violations, and has protected and defended
significant numbers of people over the years.

The Church's activities cause high tension between the
Government and the Church hierarchy. Public attempts to
vilify the Vicariate of Solidarity and individual members of

441

CHILE

its staff, particularly relating its human rights work to
Communist efforts to destabilize the Government, appear to be
condoned by the Government .

The Vicariate was the target of a major investigation during
the year. The investigation expanded into what appeared to be
a broader probe of all Vicariate activities. The Executive
Secretary of the Vicariate sought police protection after
receiving a series of death threats, and a policeman assigned
to guard his home was shot and seriously wounded in September
4 by two unidentified youths. In addition, two Vicariate
lawyers representing the families of the two youths burned in
July also received threats. These actions appear to be the
work of right-wing terrorists such as the ACHA and
Armageddon. Human rights groups assert that government
security forces, or persons associated with these forces, may
be responsible for at least some of these assaults or for
providing varying degrees of protection to these right-wing
terrorists .

The Chilean Commission for Human Rights, a private
organization directed by opposition political figures, also
continued to publicize abuses and speak out against them. The
Commission is affiliated with international human rights
groups, has hosted visits by these groups to Chile, and has
received international recognition. The Commission promotes
major changes in the nature of the Government. Officials of
the Commission, members of their families, and their
employees, were targets of threats and other forms of
intimidation during the year. They are particularly concerned
by the statement made by President Pinochet that those
involved in human rights and similar work should be expelled
from the country or jailed.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Minority groups do not suffer from any specific legal
discrimination. The only significant minority group, the
Mapuche Indians in southern Chile, remains separated from the
rest of the society due to historical, cultural, educational,
and geographic factors rather than official policy.

Legal distinctions between the sexes still exist. The legal
retirement age for women is 5 years lower than that for men.
Married women may not conduct major commercial transactions
unless a separation of goods contract is established at the
time of the marriage, or through a subsequent special one-time
authorization. Married women may not take children out of the
country without the permission of the father. Inheritance
laws provide strong protection for wives and favor female over
male heirs. Women now enjoy greater access to education and
employment than in the past, although their average salaries
for similar work are lower than for men. In 1983 women made
up 48.8 percent of the primary school enrollment, 50.5 percent
of secondary school pupils and 40 percent of university
students. Women have served in such important government
positions as mayors, agency heads and ministers, although none
is currently in the cabinet. Women enjoy good access to
entry-level and mid-level professional jobs but do not hold a
proportional number of upper-level positions.

442

CHILE

CONDITIONS OF LABOR

Child labor is regulated by law. Young people between the
ages of 14 and 15 may be employed only with the permission of
their parents or guardians and if they have completed their
schooling, and then only in restricted types of labor. Those
between the ages of 15 and 18 can be employed in a larger
variety of labor, and at expanded hours, but only with their
parents' or guardians' permission. Economic factors have
forced many children to seek part-time and full-time
employment in areas of the economy which are generally
difficult to regulate.

Minimum wages, hours of work, and occupational safety and
health are regulated by law. The law permits the hiring of
apprentices, but has been revised so that a "less than
minimum" wage may not be paid. The laws covering child labor
are not abused, but supervision over the compliance of these
laws is difficult. Regulations covering the hours of work are
widely publicized, and the need to pay overtime is generally
accepted. Compliance is difficult to enforce, but no industry
stands out as an obvious violator of these employment
standards. There are complaints that occupational health and
safety laws are not adequately enforced.

443

U.S.0VERS=4S -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: CHILE

1984

1935

1986

I. ECON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
!?=PAY
PAY.
TITLE
c.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL.

ANS .

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. ,

FOR PEACE

ANS

AN T S

I-TOTAL

. IN f-LOANS....,

IN FOR. CURR

II-TOTAL

lEF.eC.DEV i WFP,

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS

A. MAP GRANTS

S. CREDIT FINANCING.,
:.INTL MIL.ED.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. 5 MIL,

LOANS

GRANTS ,

1.7

1.3

1.1

0.0

1.7

1.3

1.1

0.0

Q.O

0.0

3.0

0.0

1.7

1.3

1.1

0.0

1.7

1.3

1.1

0.0

1.7

1.3

1.1

0.0

1.7

1.3

1.1

0.0

1.7

1.3

1.1

OTHER us LOANS 0.0

1.3 0.0

EX-IM BAN< LOANS 0.0

ALL OTHER 0.0

1.3 0.0

0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

355.8

545.2

456.0

3565.1

I3RD

0.0

237.0

456.0

1343.8

if:

D.O

73.7

0.0

142.7

lOA

0.0

19.0

ID3

352.2

1 82.3

0.0

1986.6

AD3

0.0

3.0

AFD3

0.0

• 0.0

0.0

UNDP

3.6

1.5

0.0

65.1

OTHER-UN

0.0

0.2

0.0

7.9

EEC

3.0

0.0

444

COLOMBIA

Colombia is a multiparty democracy in which elected
governments have ruled for all but 4 years (1953-57) of this
century. While Colombia's two traditional political parties,
the Liberals and the Conservatives, have dominated the
political arena since the mid-19th century, smaller parties
have fielded candidates at all levels and are usually
represented in Congress, state assemblies and city councils.
Governors and mayors traditionally have been appointed by the
President under a constitutional provision requiring "adequate
and equitable" representation of the major party not holding
the presidency. However, Liberal President Virgilio Barco
announced a "party government" after his overwhelming
electoral victory May 25, 1986. The Conservative Party has
declined to accept any political or technical positions in the
Barco Government and has declared itself in "reflexive
opposition. "

Colombia has a mixed economy in which private enterprise plays
an active role. The coffee industry, which accounts for one
half of the country's export earnings, is in private hands, as
are most entities engaged in manufacturing, agriculture, and
provision of services. There is a relatively large informal
economy. State enterprises control domestic participation in
major export industries such as oil and coal and play a
deciding role in the electrical and communication industries.

Notwithstanding its long tradition of electoral democracy,
Colombia continues to experience high levels of both political
and criminal violence. For most of the past 35 years, the
country has lived under a constitutionally authorized state of
siege to deal with civil disturbances, insurgent movements,
and, most recently, organized crime. The state of siege
lifted in 1982 was reimposed in 1984, following the
assassination of the Minister of Justice by narcotics
traffickers, and remained in effect through 1986. Except for
transferring terrorist cases from civilian to military courts,
the current state of siege has left most civil liberties
largely unaffected.

In 1986 various guerrilla groups and drug traffickers, at
times working in alliance, escalated the already high level of
violence in Colombia, directly challenging the Government's
ability to maintain order and preserve democratic institutions.
Their particular target was the judicial branch.

Under President Betancur (1982-1986), the Colombian Government
negotiated cease-fire agreements with half a dozen guerrilla
organizations then active in the country. Although they
pledged to cease hostilities for 1 year, most insurgent forces
by mid-1985 had withdrawn from the peace process and returned
to armed conflict, alleging that the Government was not
complying with the peace accords. The Revolutionary Armed
Forces of Colombia (FARC), the largest guerrilla group in
Colombia, continues to honor the ceasefire agreement with the
military. In 1985 FARC established a political party, the
Patriotic Union (UP), and participated in the 1986
congre.ssional and presidential elections, fielding candidates
at all levels.

The 1986 election resulted in a landslide victory for Barco,
the Liberal candidate, who took office August 7, 1986. During
the campaign, Barco announced a 6-point peace plan to help end
Colombia's 20 years of guerrilla violence. The plan calls for
guarantees for the peaceful exercise of political activity;

445

COLOMBIA

implementation of an agrarian reform; verifiable agreements to
incorporate rebels who lay down their arms and abandon
terrorist actions into civil life; government maintenance of
public order, with strict respect for human and civil rights;
state mediation in social conflicts, and rehabilitation of
basic public services, particularly in regions afflicted by
violence .

Shortly after assuming office. President Barco named a Special
Advisor for Rehabilitation, Normalization, and Reconciliation,
Carlos Ossa Escobar, who immediately met with FARC and UP
leaders to outline the President's plan. The FARC reacted
with demands for political and economic reforms;
"purification" of the armed forces; lifting the state of
siege; and an end to "death squads." Although Ossa has since
criticized the FARC for truce-breaking, this first meeting
opened negotiations between the Barco Government and the
insurgents. At the end of 1986, prospects for participation
by the remaining guerrilla groups in the peace process were
uncertain.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Violence in Colombia has many sources, including guerrilla
assaults and the response by government forces, political
assassinations, narcotics traffickers' intimidation, and
common criminal activity. Victims of political killings
during 1986 have included political activists, city
councilmen, labor leaders, and legislators. Political
violence related to party affiliation in the modern era has
affected all of Colombia's parties regardless of size or
power. While the Communist-supported UP party has been a
principal target of such violence — 28 of its activists and
office holders were killed in 1986 — the Liberal and
Conservative parties have not been immune, suffering the loss
of 26 Conservative and 15 Liberal activists during the year.
These murders are under investigation but few persons have
been arrested or charged. Guerrilla groups are among the
suspects in politically motivated murders, including those of
UP politicians; they have also killed many people in rural
areas to intimidate others to support their activities. There
have also been allegations that members of the military or
paramilitary groups were responsible for some of the
killings .

The most serious current threat to Colombian human and
political rights is the campaign of intimidation and murder
waged by the narcotics traffickers against any and all
elements opposed to them. Murders attributed to narcotics
traffickers during 1986 include several judges, among them a
Supreme Court magistrate, over 100 police officers, a senior
customs official, an editor of the oldest and second largest
newspaper in the country, and a number of private sector
leaders. An October assassination attempt against a
congressman opposing legislation favored by the illegal drug
trade signaled an expansion of the violent campaign to targets
in the legislative branch.

In this period of active insurgency, statistics on killings
and disappearances are unreliable and subject to differing

446

COLOMBIA

interpretations. While the Permanent Committee for the
Defense of Human Rights, the major human rights organization
in Colombia, does maintain statistics, its 1986 report had not
been issued as of December 31. The Committee's data are based
on press reports, personal testimony, and complaints filed by
relatives and friends of alleged victims. The Committee does
not investigate incidents but conveys the information it
gathers to the Attorney General's office. Statistics issued
by Colombian military intelligence for the period January 1
through October 17, 1986, report the deaths of 131 policemen,
160 members of the armed forces, 450 guerrillas, and 639
civilians due to conflicts with the insurgency.

During the last year, there have been charges that military
repression exists in Colombia, In July 1986, Amnesty
International accused the Colombian armed forces of carrying
out a "dirty war" in Colombia. The organization claimed that
600 Colombians had been seized and killed in the first 6
months of 1986 by troops, police, and gunmen working with
them. Amnesty International alleged that the victims included
students, teachers, lawyers who defend political prisoners,
trade unionists, supporters of left-wing opposition parties,
Indian community leaders, and human rights activists. Amnesty
International quoted security force spokesmen that many
assassinations are committed by private "death squads."
Amnesty International added that death squads, sometimes in
uniform, use army vehicles, cross army roadblocks without
being detained, and park in army and police installations.
The organization asked then-President Belisario Betancur to
"act urgently to put an end to the assassinations."

The Government reacted swiftly and strongly to deny the
charges made by Amnesty International The Ministers of
Defense and Foreign Affairs stated that Colombia had the
mechanisms to investigate and punish those responsible for
violations .

In September 1986, Americas Watch updated a report published
earlier in the year claiming that Colombia's armed forces were
responsible for summary executions, torture, and
"disappearances" in actions against leftist guerrillas.
Americas Watch said it has no evidence "establishing high
command complicity in authorizing abuses," but it blamed the
high command for failing to put a stop to such practices.

The Attorney General is legally empowered to investigate and
prosecute members of the security forces for human rights
abuses. Cases of alleged abuse by a member of the armed
forces are investigated and, if substantiated, the persons
responsible are prosecuted. As an example, on October 30 the
Government announced that Captain Tomas Ignacio Monroy and
Sergeant Marco Aurelio Mendoza Mena were convicted following a
military court martial for responsibility in the murder of six
peasants near Medellin.

b. Disappearance

The Attorney General's office received and investigated
reports of 181 disappearances between September 1985 and
September 1986, compared with 344 disappearances in the first
11 months of 1985. Of those reported in 1986, 11 were found
alive, one was found dead, and the remaining 169 are still
missing. Military intelligence reported 139 kidnapings
through the first 10 months of 1986. It attributed 25
kidnapings to the FARC, 12 to The National Liberation Army

447

COLOMBIA

(ELN) , 9 to The April 19th Movement (M-19), 5 to The Popular
Liberation Army (EPL), and 88 to persons unknown. Of these,
40 victims were freed, 17 were killed, 19 were rescued, and 63
were still being held. Colombian authorities have a
commendable record in investigating these crimes and in
rescuing many victims unharmed.

No United States citizens were kidnaped in Colombia in 1986.
However, one of the two kidnaped by the EPL in December 1985
was released June 3, 1986; the other died May 17 while in
captivity.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Attorney General investigated 50 cases of alleged torture
of individuals between September 1985 and September 1986, but
results of these inquiries had not been made public as of
December 1986. The results of investigations into incidents
of torture involving 27 police and armed forces officers in
1985 had also not been made public by the end of 1986.
Colombian prisons are notoriously overcrowded and understaffed
due to the practice of preventive detention and inadequate
budgets. In most prisons, inmates receive a subsistence diet
which they must supplement with purchases from prison stores.
Prisoners with financial resources live better than there
without means. Family members and friends are allowed to
visit regularly and to bring food and clothes. Consular
officers are given regular access to foreign prisoners. Most
prisoners accused of crimes in connection with guerrilla
activities are incarcerated in regular prisons, although
segregated from common criminals.

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides the right to a judicial
determination of the legality of detention. A person may be
arrested if an order of capture (not an arrest warrant) has
been issued or if caught in the act of committing a crime.
The police must place the detained person at the order of a
judge within 24 hours. The judge must hold a preliminary
hearing, where an unsworn statement is giv-en by the suspect,
within 48 hours. During or after the preliminary hearing, if
the judge finds that there is enough evidence to pursue the
case, he issues an arrest warrant or an order of preventive
arrest. Preventive arrest is an order to keep the person
incarcerated until trial. Colombian law stipulates specific
terms within which a trial must be hold or the person is
released. Colombian law also provides for the granting of
bail, parole, and probation.

There are no legal provisions for exile. Forced or compulsory
labor is legally prohibited, and the prohibition is respected.

e. Denial of Fair Public Trial

The judiciary is independent of the executive and legislative
branches of government. The rights of public trial and due
process are guaranteed by the Constitution. Prisoners have
the right to representation by counsel. If a prisoner does
not have an attorney, the court will appoint one. However,
due to the overburdened and underfunded judicial system, the
widespread practice of preventive detention, and the
traditional reluctance to grant bail in serious cases, most
prisoners incarcerated for common crimes never come to trial

448

COLOMBIA

but are simply released after serving the minimum sentence
applicable to the crimes alleged. In October 1986, there were
approximately 27,000 persons in prison, of whom 8,000 had been
tried and sentenced.

The existence of a large and powerful narcotics subculture is
a serious threat to the Colombian judicial system.
Magistrates, judges, and attorneys have been threatened or
killed because they were investigating, prosecuting, or trying
narcotics traffickers or their associates.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution requires a court order before authorities can
enter a private home, except in the case of hot pursuit.
While Colombian human rights organizations allege widespread
violations in the more remote areas, government forces
generally respect the sanctity of the home and privacy in most
parts of the country. Persons from rural areas frequently
claim that they have been forced to leave their farms by
military counter insurgency operations, guerrilla conscription
and confiscation, and by paramilitary thugs hired by local
landowners .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These constitutionally guaranteed rights are respected as a
rule, and the press often vigorously criticizes the Government
and its leaders. The privately owned print media are under no
governmental restraints and publish a wide variety of
political views. Television channels are controlled by the
State, which leases time to private companies and imposes some
guidelines to insure equal time for political candidates.
During the 1986 congressional campaign, three leading
candidates appeared in a debate, and during the presidential
campaign, the Government insured that each of four announced
candidates received equal time for a series of national TV
appearances. A pending electoral reform bill in the Congress
would guarantee access to the electronic media for all
political parties.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is generally
respected. Public meetings and demonstrations are normally
held without interference. Under the state of siege, prior
permission is required for demonstrations and is usually
granted, except when there is a clear and imminent danger to
public order. During 1986 no marches or demonstrations by
major groups or parties were banned in the capital, Bogota.
Some demonstrations were restricted in outlying towns and
regions afflicted with guerrilla violence.

Colombian workers enjoy the right to organize and, in the
private sector, to bargain collectively and strike. Use of
strikebreakers is prohibited by law, and generous severance
benefits tend to discourage management from firing union
militants. However, many provisions of labor law are
effectively ignored by small and medium-sized enterprises.
Given a severe labor surplus, unions have limited bargaining
power and have been unsuccessful in organizing beyond the
largest firms and the public services. Only about 8 percent

449

COLOMBIA

of Colombia's economically active population is unionized,
according to the latest government census of trade unions.
The country's 880,000 union members are divided almost equally
between the traditional "confederated" labor sector and the
leftist "independent" sector. Of the four confederations, two
are affiliated with the International Confederation of Free
Trade Unions, one with the World Federation of Trade Unions,
and one with the World Confederation of Labor. Some of the
leftist independent unions are considering affiliation with a
new labor confederation, ostensibly nonideological but under
heavy Communist influence.

c. Freedom of Religion

The Constitution guarantees freedom of religion. According to
official statistics, 217 different religious sects are
registered in Colombia. Although an overwhelming majority of
Colombians are Roman Catholics, no legal discrimination exists
against any religious group. In practice, however,
evangelical Christians and other non-Catholic groups operating
in Colombia have found it difficult to obtain entry and
resident visas for additional or replacement mission workers.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Colombians are free to leave and return to the country. In
areas under government control where operations against rural
guerrilla groups are under way, traveling civilians require
"safe conduct" passes; guerrillas reportedly use a similar
means to restrict travel in areas under their control.
Colombians who have sought and been granted diplomatic asylum
in foreign embassies have always been allowed to depart the
country. Expatriates can, by law, repatriate.

Colombia in the past has accepted refugees; however, because
of high unemployment and underemployment, the Government is
increasingly reluctant to accept displaced persons. The
Government does not involuntarily repatriate asylum seekers.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Colombia has a democratic system of government, and elections
are conducted fairly and openly. Persons are enfranchised by
the Constitution at age 18. Those convicted of certain crimes
may be disenfranchised. Public employees are forbidden by law
to participate in political campaigns but, with the exception
of military personnel, can vote. Colombian politics are
dominated by two major parties, the Liberal and the
Conservative, and each includes elements with widely divergent
political views, however, all parties are free to raise
funds, field candidates, hold public meetings, have access to
the media, and publish their own newspapers. The Patriotic
Union, participating in national elections for the first time
in 1986, won 3 seats in the Senate and 5 in the House of
Representatives in the congressional elections rnd 4.5 percent
of the vote in the presidential election, the best showing by
a third party in recent history.

Legislation providing for direct election of mayors beginning
in March 1988 was signed into law by President Betancur
January 1, 1986. Under consideration by the Congress is
legislation to expand "popular consultation" — popular
referendums and recall of elected officials. In October the

450

COLOMBIA

Government proposed a constitutional reform that would provide
up to six new congressional seats specifically for small
parties on a national, rather than departmental, basis. The
draft reform would also increase the number of congressional
seats for the sparsely settled eastern plains, and would
permit public financing of election expenses.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Colombia, an active participant in international and regional
human rights bodies, currently chairs the United Nations Human
Rights Commission, and has welcomed nongovernmental human
rights organizations. The Human Rights Commission established
by the Attorney General in 1985 continues to operate.
Although it rarely meets as a whole, the assistant Attorney
General for human rights, a member of the Commission, receives
and investigates complaints of violations. The Permanent
Committee for the Defense of Human Rights is the most active
Colombian human rights organization. Its 94 members include
members of Congress — a UP senator is the Executive
Secretary — journalists, labor leaders, and persons in the
arts, including Nobel laureate Gabriel Garcia Marquez . The
Committee compiles statistics based on press reports and
personal testimonies, which it turns over to the Government
for investigation and possible prosecution. It has no staff
or budget to verify such reports by conducting its own
inquiries. The Committee's statistics have been used
extensively by international organizations such as Amnesty
International, Americas Watch, and the Washington Office on
Latin America. The Committee also sponsors periodic human
rights forums in Colombia.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women have equal civil and property rights by law. Their
economic situation is inferior, however, especially in rural
areas. Women comprise just over 25 percent of the country's
economically active population but are concentrated in
low-productivity, low-income sectors. Historically, the
unemployment rate for women has been higher than for men, but
this difference has decreased in recent years. Although
women, legally entitled to pay equal to that of their male
counterparts, are normally paid equal salaries when employed
by the Government, such is not generally the case in private
industry. As more Colombian women graduate from universities
and participate in the work force, they are increasingly
active at all levels of society. A growing number of women
are receiving higher education. Currently 40 percent of the
university population, women also serve as legislators,
judges, governors of departments (states), political party
leaders, government officials, and diplomats.

Colombian Indians legally enjoy all rights and privileges of
full citizenship. However, Indian rights groups protest that
they- suffer a variety of abuses and are seeking to promote
local improvements through community action, public education,
and legal aid. Their most common complaint is that they are
forced off contested land by paramilitary thugs hired by large
landowners. When the Indians retaliate, the landowners
allegedly call on local police and military forces for
protection. One Indian group has organized a guerrilla band.

451

COLOMBIA

the Quintin Lame, reportedly allied with other guerrilla
groups against the Government.

The upsurge of land occupation by Indian groups that began in
mid-1984 continued unabated into 1986. Some landowners
attribute this to leftist political activists; other observers
consider it a natural result of the rural land situation,
perhaps exacerbated by current politicking over land reform.
Whatever the cause, the trend of increased invasions continues
to generate concern in government and among landowners.

CONDITIONS OF LABOR

The law prohibits the employment of children in most jobs
before the age of 14, particularly where such employment might
interfere with schooling. These provisions are respected in
the larger enterprises and larger cities. However, the
unofficial sector of very small businesses — workers employed
by relatives, self-employed workers, and street vendors — is
effectively outside government control. Approximately 2.5
million children under 15 work for low pay under poor
conditions with little protection from the labor code in the
unofficial sector. The labor code regulates the hours of
labor and other work conditions. The 8-hour day is standard
in larger companies, but the workweek generally exceeds 40
hours; a standard week of 5 8-hour days remains an important
long-term goal of Colombian trade unions.

The Government annually sets a national minimum wago which
serves as an important benchmark for wage bargaining.
Workers' occupational safety and health are extensively
regulated, including use of protective clothing and
ventilation, first aid and firefighting equipment at the job
site, sanitary facilities and potable water for workers, and
compensation for injuries. These regulations apply to the
larger agricultural enterprises as well as industry and
mining. However, exemptions for small companies, the frequent
use of workers as "subcontractors" rather than employees, and
general enforcement difficulties leave very large numbers of
workers outside the protection of the law. The Government is
endeavoring to improve regulatory enforcement, and improved
work conditions are a priority goal of the trade unions.

452

u.s.ovERseas -loans and grants- osligations and loan authorizations

(U.S. FISCAL years - MILLIONS OF DOLLARS)

COJNTRY: COLOMBIA

1934

1935

1986

I.£CON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOAMS

GRANTS

(SiC.SUPP. ASSIST.) . . .

B.FOOO FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN 5-LOANS

PAY. IN FOR. CUkR

TITLE II-TOTAL

c. RELIEF. EC. 3£V ? WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAI .

LOANS

GRANTS

A. HAP GRANTS

d. CREDIT FINAflCIfJG. . . .
C.INTL MIL.EO.TRNG. .. .
0. IRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. i '1IL...

LOANS

GRANTS

3.2

11.3

11.5

0.3

0.0

3.2

11.3

11.5

0.0

0.:

0.0

3.2

11 .3

11.5

0.0

3.2

11.3

11.5

0.0

6.3

10.7

10.6

1.4

0.6

0.9

2 5.3

0.3

4.3

24.5

0.0

O.S

0.8

4.3

0.0

3.3

24.5

0.0

0.8

0.3

1.0

0.0

33.5

12.1

15.8

24.5

0.0

9.0

12.1

15.8

4.0

130.0

0.0

4.0

1 30.0

0.0

O.D

0.0

OTHER US LOANS. . . .
EX-IM BANK LOANS,
ALL OTHER ,

A5SI1TANCE FROM INTERNATIONAL AGENCIES
1?Si 1935 1936

1946-86

TOTAL

1 0

43.3

1210.1

709.2

85 7 3.6

IBRD

oi.1

^07.5

700.3

5524.3

IFC

6.3

23.0

3-. 9

162.0

IDA

0.0

19.5

103

7 0.4

473.1

0.0

27S2.1

A03

3.0

0.0

AF03

0.0

UNDP

2.5

1 . 5

0.0

62.7

OTHER-UN

0.0

' 0.0

23.0

EEC

0.0

453

COSTA RICA

Costa Rica has been a functioning constitutional democracy for
almost four decades. The Government consists of independent
executive, legislative, and judicial branches. Free and fair
elections were held last in February 1986; some 80 percent of
eligible voters participated. In the contest for president,
Oscar Arias of the incumbent National Liberation Party (PLN)
defeated the candidate of the opposition Social Christian
Unity Party (PUSC) . The President is constitutionally
prohibited from succeeding himself, as are members of the
Legislative Assembly. The 57 deputies in the Assembly are
elected at the same time as the President and for the same
4-year term. The two major political parties, PLN and PUSC,
dominate the Assembly, holding 29 and 25 seats respectively.
Two rival Communist parties, which freely participate in the
political process, hold two seats.

Costa Rica abolished its standing army in 1949. The country's
security forces, which are subject to civilian control, are
few in number and inadequately trained and equipped. Both
police and national defense functions are performed by the
Ministry of Public Security's Civil Guard and the Ministry of
Government's Rural Guard in the countryside. With the
persistence of troubled relations with Nicaragua and
consequent fear of internal subversion, there is widespread
popular support for upgrading the Civil and Rural Guards, but
no significant public support for creating a professional
armed force. The Judicial Police, charged with investigating
crimes, is an agency of the judicial branch directly
responsible to the Supreme Court. None of these entities has
been associated with human rights violations.

In Costa Rica's mixed economic system, the right to hold
private property is legally protected, and approximately 70
percent of the gross national product is produced by the
private sector. Several government-owned autonomous agencies
provide goods and services; the public sector is the nation's
largest employer with around 20 percent of the work force.
While inflation has been largely brought under control,
unemployment and underemployment continue to be problems,
especially among the young.

Costa Rica has maintained its excellent human rights record
over the past year. The Arias administration has expressed
its strong commitment to the long-standing Costa Rican
tradition of respect for basic human rights.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Neither the Government nor any other official entity uses,
abets, or condones political killing.

b. Disappearance

There were no known or reported incidents of abductions,
secret arrests, or persons held clandestinely by any agency of
the Government .

454

COSTA RICA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no known allegations of mistreatment. The
Constitution states that "no one shall be submitted to cruel
or degrading treatment or to life imprisonment. A statement
obtained through violence shall have no value." These
injunctions are respected in practice. Prisoners are treated
humanely in Costa Rica.

d. Arbitrary Arrest, Detention, or Exile

There were no known violations in this area. There is no
detention for the expression of dissenting opinions. Warrants
are required for both searches and arrests; the Constitution
requires that an arraignment take place within 24 hours of
arrest. These requirements are strictly enforced. There is
no preventive detention. Persons detained are entitled to a
judicial determination of the legality of the detention. It
is unconstitutional to exile a citizen. The independent
judiciary is effective in ensuring that legal and
constitutional safeguards are observed.

The Constitution prohibits, and there are no known instances
of, forced or compulsory labor.

e. Denial of Fair Public Trial

The judiciary is widely recognized as fair. Accused persons
may select their own attorneys; access to counsel is
guaranteed, with free public counsel provided for defendants
without means. The right to an open, impartial trial is
guaranteed and honored in practice. The right to bail is
provided for in law and is observed in practice. There are no
political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no reported instances over the past year of
extralegal invasions of privacy conducted by, or with the
knowledge of, agencies of the Government .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution specifically guarantees freedom of speech and
press. These freedoms are fully respected in practice. Two
Communist parties publish weekly newspapers, and the media
report developments across the political spectrum. There are
3 privately owned major newspapers, 3 privately owned
television stations, and numerous radio stations, all of which
pursue independent editorial policies. The media freely air
differences with, and criticism of, the Government. There is
no evidence of self-censorship or intimidation. Terrorist
activities are fully reported. Foreign journalists have
challenged the law requiring accreditation by the
government-sponsored Costa Rican National Journalists
Association in order to practice their profession. The
Inter-American Court on Human Rights in 1985 declared the law
incompatible with the Freedom of Information Guarantee of the
Inter-American Human Rights Convention. The decision, which
is consultative and nonbinding, was unanimous. The Government

455

COSTA RICA

of Costa Rica has not yet taken any action to respond to the
court's decision.

b. Freedom of Peaceful Assembly and Association

Constitutional guarantees of freedom of assembly and
association are fully respected in practice. A September 1986
demonstration in San Jose by small farmers protesting
government agricultural policies produced a clash between
police and protestors when the latter ignored an order to stop
blocking traffic. Some demonstrators and politicians later
charged the police with excessive use of force — tear gas was
employed — but most observers concluded that the action was
prudent and appropriate under the circumstances.

Workers have the right to organize. The right of organized
labor to associate, as defined by the International Labor
Organization, is fully honored. Unions are independent of
government control and are free to maintain relations with
recognized international bodies such as the International
Confederation of Free Trade Unions. Several major unions,
including those representing public service workers, are
controlled by Communists.

Procedures for collective bargaining and arbitration of labor
disputes are prescribed in law and followed in practice. The
country's labor code states that when one-third of the workers
in an operation are union members, the employer must conclude
a collective agreement, if requested. The code also permits
employees to set up permanent grievance committees to handle
both individual and collective disputes. When labor disputes
arise, the first attempt at a solution is made by the
presiding judge of the formally designated Labor Tribunal in
San Jose; labor inspectors handle the dispute if it is outside
the capital. If conciliation fails, the case goes to a labor
court which must approve a planned strike or lockout before
the strike legally can begin. Public sector strikes are
illegal. Unions have complained that the process of having a
strike declared legal is complicated, time-consuming, and
often fruitless. In 1986 there were six strikes, including a
brief walkout of public workers declared illegal by the
Government. None was of major economic significance. Both
democratic and Communist unions displayed their
dissatisfaction with government-mandated price increases and
delays in salary increases by participating in a number of
peaceful demonstrations, including the traditionally
antigovernment May Day parade.

c. Freedom of Religion

Freedom of religion is guaranteed in the Constitution and
observed in practice. Roman Catholicism is the official state
religion, but other religious groups have significant numbers
of adherents who participate without prejudice in the social
and political life of the nation; a non-Catholic can be
elected President of Costa Rica. Foreign missionaries and
clergy freely enter Costa Rica. There are no restrictions on
proselytizing.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no unusual restrictions on travel within the country
or abroad. Emigration is not restricted. A citizen's right
of return is guaranteed. Costa Ricans and foreigners are free

456

COSTA RICA

to live anywhere within the national boundaries. Costa Rica
has supported multinational refugee programs and has accepted
many refugees from Nicaragua, Cuba, other Central American
countries, and South America. The continuing influx of
Nicaraguan refugees has provoked government expressions of
concern over strains on the economy and social fabric. As a
result the Government in mid-1986 suspended processing of
refugee applications and began to consider means of voluntary
repatriation.

The Constitution specifically prohibits the Government from
repatriating any foreigner who may be subject to political
persecution in his own country. Costa Rica has traditionally
afforded political asylum to exiled dissident groups of
various political orientations.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Costa Rica is ruled by a government elected by its people.
The Constitution provides for a free, open, and competitive
electoral system, and this provision is scrupulously honored
in practice. The integrity of elections — generally regarded
as unimpeachable — is overseen by the independent Supreme
Electoral Tribunal. No political party is outlawed or
excluded from the electoral process; no party has dominated
the affairs of the nation; no eligible voter is deterred from
participating in elections; no ethnic, economic, or other
group dominates; no segment of the citizenry is excluded from
the political process. Representative bodies can and do
reject government policy. Individuals can and do petition
their elected representatives for legislative redress and
assistance with government bureaucracies.

Women and minority groups participate freely in Costa Rica's
elections. The nation's Second Vice President, the President
of the National Legislative Assembly, and the Minister of
Foreign Commerce are women.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

A strong supporter of international and private human rights
organizations, Costa Rica has extended a permanent invitation
to the Inter -American Human Rights Commission to visit
whenever it wishes. Costa Rica was one of the first countries
to ratify the American Convention of Human Rights. It has
accepted the jurisdiction of the Inter-American Institute
Court of Human Rights, which is based in San Jose, and hosts
the Inter-American Institute of Human Rights. Costa Rican
government officials at the highest level participate in and
actively support the human rights activities of both the
Institute and the Court. Several major international human
rights conferences sponsored by the Institute have been held
in San Jose. Costa Rica is a member of the United Nations
Human Rights Commission. Overall, Costa Rica has been in the
vanguard in the promotion of human rights institutions.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Government has special programs to improve the conditions
of native Indians, people in depressed areas, and other
disadvantaged groups, and does not practice or condone

457

COSTA RICA

discrimination in the economic, social, or cultural spheres.
The role of women, although still primarily domestic, is not
limited. Women are represented in all professions, in the
highest, ranks of organized labor, in the private business
sector, and in the Government.

Costa Rica's population includes some 30,000 West Indian
Blacks and 25,000 Indians. English is the second language of
the country, primarily because it is spoken by the Caribbean
Blacks. Most of the Indians speak Spanish and live in their
traditional manner on 19 reserves throughout the country.
Because most live in remote areas, they often lack access to
schools, health care, electricity, and potable water. The
Government is currently involved in programs to provide
primary education to the Indians and to buy out "islands"
within the Indian reserves which are owned by non-Indians.
Indians manage their own affairs through the National Indian
Commission (CONAI). The CONAI Board elected in 1984, however,
was charged with mismanagement and removed by the Government
in late 1985. The ejected group denies the charges against it
and asserts that the government of former President Monge
intervened for political motives. The Arias Government has
taken no decisive role in the dispute, which is now before the
courts .

CONDITIONS OF LABOR

The 1949 Constitution defines the normal hours of the workday,
remuneration for overtime, days of rest, and annual vacation
rights. It specifies compensation for discharge without due
cause, the right to a minimum wage, and special protection for
women and minors. The minimum working age is 12, with special
protections in force for workers under 15. A national wage
board, composed of three members each from government,
management, and labor, sets minimum wages and salaries for
every occupation in every industry, including agriculture.

The Constitution sets normal work hours at 8 hours for daytime
and 6 hours for nighttime work, with weekly totals of 48 and
36 hours respectively. Ten-hour days are permitted for work
not considered unhealthful or dangerous, but weekly totals may
not exceed 48 hours. Nonagricultural workers receive an
overtime premium of 50 percent of regular wages for work
performed in excess of the daily work shift. Agricultural
workers are not paid overtime if they voluntarily work beyond
their normal hours .

A 1967 law governs health and safety at the workplace.
Inoustrial, agricultural, and commercial firms with 10 or more
workers are required to have a joint safety committee. The
law allows the Government to inspect workplaces and to fine
employers for violations. However, a shortage of labor
inspectors, especially outside San Jose, limits the Ministry's
ability to ensure that minimum conditions of safety and
sanitation are maintained.

458

U.S.0VERS5IVS -LOAMS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: COSTA RICA

1984

1935

1936

I. 5C0N.
LO
GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
?.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

• SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TDTAL

. IN $-LOANS....,
IN FOR. CURR.. .. ,

II-TOTAL

lEF.EC.OEV 4 WFP,

ELIEF AGENCY

R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS

NARCOTICS ,

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. i MIL,

LOANS ,

GRANTS ,

169.3

220.0

142.5

69.9

32.1

6.3

99.9

187.9

136.2

145.5

195.5

139.2

47.4

10.7

6.3

93.1

134.3

132.9

130.0

165.6

126.0

22.5

21.6

0.0

22.5

21.4

0.0

0.2

0.0

22.5

21.4

0.0

22.5

21.4

0.0

3.2

0.0

0.2

0.0

1.8

2.9

3.3

0.0

1.8

2.9

3.3

1.8

2.9

2.6

0.0

o-.o

0.0

0.7

9.1

11.2

2.6

0.0

9.1

11.2

2.6

9.3

11.0

2.4

0.0

0.1

0.2

0.0

178.9

231.2

145.1

69.9

32.1

6.3

109.3

199.1

138.8

OTHER US LOANS

EX-IM BANK LOANS,
ALL OTHER

2.1

0.0
2.1

3.9
0.0
0.9

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

35.3

155.4

0.0

1213.1

IBRD

0.0

83.5

0.0

489.9

IFC

0.0

6.7

lOft

Q.O

0.0

4.6

103

35.8

71.6

0.0

696.2

AOB

3.0

0.0

AFD3

0.0

UMOP

0.0

0.1

0.0

12.2

OHER-UN

3.0

0.2

0.0

3.5

EEC

3.0

0.0

459

CUBA

Cuba is governed by a tightly interwoven hierarchy at the apex
of which is a single individual, Fidel Castro, who is chief of
state, head of government, leader of the Communist Party, and
commander of Cuba's armed forces. Taking power in 1959 from a
discredited dictatorship, the Castro Government quickly
transformed itself into a Communist regime and instituted a
far more systematically repressive order than had previously
existed. Repression of basic human rights today is so
pervasive that Cuba holds the dubious distinction of being the
Western Hemisphere's most serious violator of human rights and
fundamental freedoms.

Supported by a few long-time associates, Castro controls all
aspects of Cuban life through a network of directorates
ultimately responsible to the Communist Party. As in other
Communist systems, the party is totally autonomous with
self-perpetuating membership. Elections are held only to
endorse party-approved candidates. The party determines the
political, social, and economic norms and goals of the
country. It ensures internal security and conformity with
these goals through the Ministry of Interior, which operates
border and police forces, orchestrates public demonstrations,
decides on the legality of associations, investigates evidence
of nonconformity, regulates migration, and maintains an
intricate system of informers and block wardens. Article 61
of the Constitution states explicitly that civil liberties may
not be exercised "contrary to the decision of the Cuban people
to build socialism and communism." Thus, such liberties may
be exercised only to the degree that the State deems expedient.

Before Castro took power, Cuba had an expanding economy and a
substantial middle class. Per capita income was among the
highest in Latin America although wealth was not evenly
distributed and poverty existed, especially in rural areas.
Today, income distribution is more egalitarian, but the
political and military elite live in relative comfort, while
the vast majority of Cubans must cope with a severe scarcity
of housing, food items, and consumer goods. Most necessities
are still rationed — 28 years after the revolution — and
sometimes wholly unavailable. Many consumer items can be
acquired, if at all, only at high prices in the "parallel
market." What "private sector" there is is too small to be
economically significant. Inefficiency characterizes the state
sector, where the incentive to produce is conspicuously absent.
Cuban citizens are allowed to own personal property such as
homes and autos, but cannot own any means of production in the
national economy.

It is difficult to obtain precise information, particularly
statistics, about human rights violations in Cuba because of
tight controls by the Cuban Government and its continued
refusal to allow visits by international human rights
organizations. Nonetheless, the available evidence clearly
shows that the Cuban Government continued to commit egregious
human rights violations, including the arbitrary imprisonment
of five leading officials of the Cuban Human Rights Committee,
the sole, fledgling human rights organization in Cuba.
Reliable information indicates there has been no lessening of
the tight government controls on most aspects of life in Cuba.

Political prisoners released in 1986 have reported that the
Government continues serious basic human rights abuses,
including the use of torture and the denial of fair public
trial. Many political prisoners have been forced to remain in

460

CUBA

jail after the expiration of their original sentences. Arrests
for political crimes have not abated. Free speech is not
permitted. The practice of religion has been actively
discouraged and in some cases is prohibited, in spite of an
effort by the Government to appear open to a dialogue with the
Catholic Church. In recent months, the regime has displayed
some sensitivity to foreign opinion by releasing approximately
150 long-term political prisoners.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Summary execution of opponents has been a frequent practice of
the regime since it came to power in 1959. Credible reports
continued in 1986 that secret executions remain an instrument
of policy, although without the show trials of the earlier
period. While these executions may be preceded by a "trial,"
it is a trial in name only and does not meet minimum standards
of fairness and justice: the verdict is often foreordained.

In August, Antonio Frias Sosa, a 17-year-old high school
student and photographer reportedly working with the Cuban
Committee on Human Rights, died mysteriously while in police
custody within a few hours of his arrest. Police allege that
he committed suicide.

In late 1986, nine persons jailed for religious activities
reportedly were awaiting execution in Combinado del Este
prison.

b. Disappearance

While there are no substantiated reports of disappearances in
Cuba, persons detained for political offenses are often held,
frequently incommunicado, for prolonged periods without being
charged. Friends and family risk retribution if they inquire
about their fate.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Long-term prisoners released in 1986 confirmed the inhuman
conditions in Cuban jails. They also have confirmed previous
reports of serious, systematic abuses including: torture by
prison medical staff and others; beatings by prison officials;
inadequate diet; withholding medical care, fresh air, and
exercise; denying family visits and mail for years; solitary
confinement; physical injury caused by electronic noise
machines; and medical experiments on unsuspecting prisoners.
A political prisoner has asserted that torture is
systematically practiced in Cuba's prisons. Cuba's treatment
of political prisoners has repeatedly been denounced by the
Inter-American Human Rights Commission, as well as by other
international organizations.

In late August, the secret police arrested and reportedly
tortured Dr. Domingo Jorge Delgado and Jose Luis Alvarado,
members of the Cuban Committee for Human Rights. According to
some reports, Delgado was arrested after he tried to register
the Committee under the Law of Associations.

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CUBA

Political prisoners who refuse to accept political
indoctrination or be classified as common criminals are known
as "plantados" and are subject to particular abuse. Because
Cuban authorities have required them to wear the uniforms of
common criminals, which they refuse to do, the "plantados"
dress only in pajamas or underwear or wear no clothing at
all. Visits by friends or relatives are limited to 1 or 2 per
year, or less, and letters to 1 per month.

d. Arbitrary Arrest, Detention, or Exile

Arrests can be made by state security forces acting secretly
and without warrants. Those arrested can be and often are
detained for long periods without judicial hearings. If a
hearing does take place, the detainee may or may not be
allowed a lawyer. Under Article 61 of the Constitution, no
legal protection can be invoked to prevent the State from
arresting anyone it considers harmful to the "decision of the
Cuban people to build socialism and communism." Incommunicado
detention is not unusual. People arrested for vandalism,
practicing certain religions, or criticizing the regime can be
charged with sabotage and counterrevolutionary activities.

Political prisoners are not routinely released at the end of
their terms; whether they are freed depends on a personal
decision by Fidel Castro, who frequently has used the release
of political prisoners to gain favor with influential foreign
visitors or to put the latter under obligation to "respond" in
some manner .

A case in point is that of Pastor Macuran Gonzalez, who was
released in 1986 after almost 28 years in prison, though he
had been originally sentenced to only 10 years. On completion
of his original sentence, he was told he had to serve 15 more
years. There were no additional charges, nor was there a new
trial .

There is no bail for defendants charged with crimes against
state security or crimes for which the death penalty or the
maximum prison sentence can be imposed.

Preventive detention is permitted and routinely practiced in
cases of "dangerousness" , a broad, arbitrary classification
used for individuals deemed by the regime to have a proclivity
toward conduct "contrary to Socialist principles." The
Government commonly detains large numbers of persons before
public celebrations and political events to ensure that there
will be no threat to public order.

When released, former political prisoners are subject to
constant surveillance and official harassment. They are
routinely denied ration cards, identification documents, and
employment. A notorious example of abuse is Ricardo Bofill
Pages, president of the Cuban Committee for Human Rights, who
was released from his second prison term in 1985. After his
release he was placed under virtual house arrest, with severe
restrictions on his movements. Denied the means of earning a
living, he had to rely on the generosity of others. He was
detained and questioned on a number of occasions. Bofill, who
has a wife and son in the United States, has been denied
permission to emigrate and was refused adequate medical
treatment. Following the Government's move against Committee
members in August, Bofill, fearing imprisonment again, sought
refuge in the French Embassy, where he remained at year's end.

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CUBA

Forced labor is a routine part of prison life in Cuba.

e. Denial of Fair Public Trial

Although Cuban courts are described constitutionally as
"independent," in practice they are subordinate to the
Communist Party through the National Assembly of the People's
Power and the Council of State. All civil courts are presided
over by a five-person panel of judges. Thre$ are
professionally qualified; the other two are "workers'
representatives" who see that the "interests of the
revolution" are protected. People accused of certain
counterrevolutionary activities are tried and sentenced
secretly by military tribunals.

The principle of habeas corpus, or the right to a judicial
determination of the legality of detention, does not exist.
Although defense lawyers are theoretically available to all
defendants, attorneys have been jailed for defending persons
charged with political offenses. One of those attorneys,
Aramis Taboada, died in a prison hospital in November 1985,
under still unexplained and highly suspicious circumstances.
At least two other attorneys, Domingo Jorge Delgado and
Francisco Morua, have been jailed for their efforts on behalf
of political defendants. Under these conditions, it is very
difficult for a political defendant to retain legal counsel.
Most must rely on public defenders. These government employees
are generally ill-prepared and unsympathetic to the plight of
their clients.

Defendants accused of nonpolitical offenses fare little better
in Cuban courts. As observed in the recent trials of a number
of American citizens imprisoned in Cuba, the courts do not
adhere to rules of evidence or procedures acceptable under
international norms. In one case, the accused was never
permitted to speak to his court-appointed attorney.

Fidel Castro told foreign journalists in February 1985 that
"political prisoners ... amount to about 200..." He also said
the number of individuals "sentenced for counterrevolutionary
activities" could be as many as 1,000. Americas Watch and
Amnesty International have published estimates of 250 to 1,000.
Ramon Conte Hernandez, a Bay of Pigs veteran released in
October 1986, estimates that 300 long-term political prisoners
remain in jail after serving 20 years or more, while another
1,000 political offenders have served lesser terms but are
still in jail.

On the other hand, political prisoners released in 1984
contended that the total number of political prisoners was
close to 10,000, and a survey in 1985 of various human rights
organizations produced numbers as high as 15,000. Moreover,
the Cuban Committee for Human Rights in 1985 estimated that
there were 12,500 political prisoners in jail, including 3,000
in military jails comprising, according to the Committee,
mainly conscientious objectors and those who refused to serve
with 'Cuba's overseas forces. The great discrepancy in
estimated totals is attributable in part to varying definitions
of political offenses. There are probably several thousand
Cubans in prison for attempting to leave the country, a
political crime in Cuba, who have committed no other act
against the regime. In fact, few of the political prisoners
have taken part in any form of violence; the vast majority have
been imprisoned for attempting to exercise such legitimate

463

CUBA

human rights as freedom of speech, religion, association, and
assembly.

In recent years, the Government has released small groups of
political prisoners with an eye toward international opinion
and its own political agenda. In 1986 Cuba released about 125
long-term political prisoners, some on requests from the United
States Catholic Conference and from the French oceanographer
Jacques Cousteau.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Daily life is closely monitored by the Committees for the
Defense of the Revolution (CDR) that exist on virtually every
block in Cuban municipalities, and in which membership is
essentially mandatory. CDR members are expected to report
anything "unusual," including strangers (especially foreigners)
in the neighborhood, reception of foreign radio and television
broadcasts, conspicuous consumption, unauthorized meetings, or
critical comments about the Government. Cubans overheard by
neighbors reportedly have been fined for speaking disparagingly
of Fidel Castro in their homes. As thefts and burglaries
increased during 1986, the CDR's were exhorted to become
security guards as well.

Few aspects of an ordinary Cuban's private life are free from
state surveillance. Police searches of homes are carried out
without warrants. Telephones are tapped, and mail is opened.

Family life is complicated in Cuba by educational practices
which often separate children from their parents and teach
that the State's interests have priority over family ties.
Further disruption is caused by strong pressures to participate
in "voluntary" Communist party-related activities. Parents
fear, rightly, that teaching their children religious
practices, even in their homes, will harm the children's
careers. There is a mandatory requirement for families to
send all high school students, even as young as 11 years old,
on annual 75-day stints of "voluntary work" at remote camps in
distant rural areas. Conditions there are those of forced
labor camps: no running water, no toilets, minimal food, long
hours — as many as 16 a day, 6 days a week, plus a few on
Sunday — of hard manual labor, prison-like discipline, and
family visits only on Sunday. The children reportedly are
subjected to intensive Party indoctrination during these
periods .

The arrests of Cuban Committee for Human Rights members Delgado
and Alvarado were followed by a search of the group's offices
on August 28. Police confiscated 950 copies of the Universal
Declaration of Human Rights, committee files, and printing
equipment .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There is no freedom of speech or press in Cuba; all media are
controlled by the State and are used for indoctrination and
dissemination of propaganda. They publish or broadcast nothing
that is not in consonance with the party line. There are
credible reports that broadcasters have been dismissed or
punished for casual comments, such as making a sarcastic
remark about the artistic merit of East European children's

464

CUBA

programs on Cuban television. Intellectual expression is
limited to activities that conform to government policy lines.

Foreign radio and television broadcasts are jammed. A shrill
hum is transmitted to interfere with broadcasts of the Voice of
America's Cuba Service, Radio Marti. Some Miami radio stations
are also jammed. Non-communist foreign periodicals are rarely
permitted to circulate.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly and association is not guaranteed and in
practice is actively discouraged. Any group meeting is almost
certain to be monitored by the CDR or representatives of state
security. All associations are controlled and most are
sponsored by the party or Government. A few private
associations exist at the sufferance of the Government and at
the risk of the members.

There is no recognized right of labor to organize, bargain
collectively, or strike. A well-established and active labor
movement existing in 1958 was taken over by Communist cadres
who took office even when defeated in democratic elections.
Most leaders of these unions, including many previously allied
with Castro, were jailed. Cuban workers are required to belong
to the officially sponsored Confederation of Cuban Workers
(CTC). The CTC sends worker delegates to meetings of the
International Labor Organization (ILO). The CTC is affiliated
with the Communist-dominated World Federation of Trade Unions.
It is not an independent trade union but rather a mass
organization under party control. It uniformly supports all
government political initiatives.

c. Freedom of Religion

Church-State relations are administered by the Religious
Affairs Office of the Central Committee of the Cuban Communist
party. Established in 1985, the Office is headed by a person
who has long handled such questions for the party. In February
1986, the Government allowed the Cuban Catholic Church to hold
a national conference for the first time in 20 years. Church
representatives from the Vatican and other countries also
attended. Although the Church believed it had government
permission to circulate several thousand copies of the final
conference report within Cuba, this has not yet been done.
Also in 1986, Castro gave permission to Mother Teresa of
Calcutta to found a small branch of her oider in Havana. The
Government has, in turn, attempted to obtain the Church's
endorsement of its views on such issues as the foreign debt of
Latin American countries.

Despite these few modest signs of greater official tolerance,
and notwithstanding a constitutional guarantee, Cubans who
practice their religion face serious discrimination. Religious
groups must register with the Government. The Jehovah's
Witnesses Church was refused permission to register, and its
buildings were confiscated. Religious materials generally may
not be distributed freely in Cuba. Though the Third Party
Congress in February 1986 softened party criticism of
religions, openly religious Cubans are still excluded from all
important positions in the Government and denied advancement
in many fields .

The Government makes no provision to respect the beliefs of
Seventh-Day Advent ists who object to compulsory work and

465

CUBA

school attendance on Saturday. No exception to military
service is made for conscientious objectors. Those who refuse
to serve for religious reasons are jailed. There are reports
that they have been incarcerated for much longer periods than
others who fail to fulfill their military obligations.

Castro has admitted that the regime discriminates against
adherents of religious faiths. Long-term government policies
to discourage religious observance have had a demonstrable
effect. The majority of worshipers are over 50 years of age.
CDR's monitor attendance at the few neighborhood churches still
open, so that many churchgoers prefer to attend large downtown
churches where they hope to remain anonymous. While four
Protestant and two Catholic seminaries are allowed to operate,
religious elementary and secondary schools, as well as
universities, are prohibited.

Clergy and lay officials of Protestant as well as Catholic
churches are usually allowed to travel abroad on church
matters. However, international contacts of all Cuban
churches are carefully monitored by the state security
apparatus .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Domestic travel is unrestricted by law, and Cubans are
permitted to change their jobs and residences. In contrast,
permission is required both to leave and to reenter the
country. Until recently, nonofficial foreign travel was
generally limited to rare cases of special humanitarian
concern, such as illness in a family; 'other exceptions were
clergy or lay officials on church business, women over 60, and
men over 65. Even travel by these last two groups has been
severely curtailed.

Emigration is strictly controlled, and those who apply to
leave may lose their jobs, houses, and ration books.
Moreover, their children may be refused further schooling. In
some cases, the intending emigrants are physically and verbally
abused. Draft-age males and professionals have reported that
the Government will allow them to emigrate only if they pay
tens of thousands of dollars, ostensibly to reimburse the
Government for the cost of their education. The few people
permitted to emigrate must leave behind almost all their
personal and household possessions and are forced to pay
discriminatory air fares. They must also pay exorbitant fees
for travel documents. These fees must be paid in hard
currency, which by law is not available to Cuban citizens; it
must be obtained from relatives or friends abroad.

On December 16, the Government announced a last-minute decision
which showed particular disregard for the human rights of 20
former political prisoners, their families, and relatives in
the United States. The former prisoners and their families,
numbering 48 in all, were expected to arrive in Miami on a
December 17 early morning charter flight from Havana. However,
in the afternoon of December 16, the Cuban Government informed
the U.S. Interests Section in Havana that exit permits for
former political prisoners were not being granted at that time.
In addition to the bitter disappointment at not being reunited
with relatives in the United States for the Christmas holidays,
most of the refugees had no place to go, having turned their
houses over to the Government, as required, in advance of
their December 17 departure date. In one case, the 71-year-old

466

CUBA

wife of a former prisoner surrendered her house in a distant
province and went directly to Havana airport. Only upon
arrival late in the evening, did she learn that she could not
be reunited with her husband. In addition to this group of
48, over 150 other former political prisoners and relatives
were still awaiting exit visas from the Cuban Government in
order to travel to the United States.

On December 14, 1984, Cuba and the United States signed an
agreement under which Cuba, as required by international law,
would allow the reentry of 2,746 Cuban citizens found to be
excludable from the United States, and the United States would
reinstitute processing of Cuban applications to immigrate to
the United States. In May 1985, Cuba unilaterally suspended
the agreement, thus preventing the reunification of thousands
of families. The Government also has sharply restricted the
travel to Cuba of residents of the United States who wish to
visit relatives.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Cuba is firmly controlled by the Communist Party, which in turn
is dominated by Fidel Castro. Members of the Central Committee
and the Politburo are selected by a narrow circle of party
rulers. Elections simply ratify choices already made. The
National Assembly of People's Power meets briefly twice a year,
solely to endorse decisions already made by the party. No
political opposition is permitted in Cuba; dissidents are in
jail, outside the country, or forced to remain silent. There
is no legal way for citizens to change their government; as a
result, hundreds of thousands of Cubans have fled their
country, and many others would do so if they could.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Cuban Government routinely denies that there are violations
of human rights in the country but refuses permission for
outside organizations to investigate its claims. The ILO
Committee on Freedom of Association considered a complaint
alleging the imprisonment of striking Cuban workers, as well as
the sentencing to death of workers who tried to organize an
independent trade union on the model of Solidarity in Poland.
Lawyer Aramis Taboada, who participated in the defense of the
workers, was subsequently arrested. The ILO dropped the matter
in 1984 when it became clear that the Cuban Government would
not allow access to information necessary for further
investigation.

In October 1985, a delegation sponsored by the Center for
Development Policy visited Cuba. Though not a human rights
organization, the delegation included representatives of
nongovernmental human rights organizations and discussed human
rights in meetings with Fidel Castro and other Cuban officials.
Members of the group reported that no progress was made on
human rights issues. A promise to provide a list of political
prisoners to the group was not honored.

Although the International Committee of the Red Cross (ICRC)
helped Cuba arrange the repatriation of Cuban nationals from
Grenada in November 1983, the ICRC has not been accorded access
to Cuban jails or permission to visit political prisoners.
Americas Watch and Amnesty International have also been refused

467

CUBA

such access. A representative of the Committee on Hemispheric
Affairs was to visit in November 1986, but his visa was
abruptly withdrawn when the Cuban Government learned the reason
for the visit was to discuss human rights — rather than Central
America. The American Civil Liberties Union fared no better in
its attempts to obtain visas. The few human rights activists
in Cuba who are not in jail are forced to carry out their
activities clandestinely.

The Government also severely limits the ability of foreign
journalists to report on human rights violations. Fidel Castro
has boasted about how carefully foreign journalists are watched
in Cuba. In 1983, two French journalists were detained for 10
days and then expelled from Cuba because they had met with
Cuban human rights activist Ricardo Bofill Pages, who was
himself imprisoned for meeting with them. In 1985, the Agence
France Press (AFP) correspondent in Cuba was expelled for
writing an article on a Cuban law firm — an agency of the
Government — that extracted large payments for exit permits for
Cubans married to foreigners. In September 1986, the
correspondents for both AFP and Reuters were summarily expelled
for filing a report on the Cuban Committee for Human Rights
and the arrest of its members. Earlier, two American newspaper
reporters preparing a story on Cubans who had returned from the
United States under the short-lived 1984 migration agreement
had their trip cut short when they conducted interviews not
previously authorized and arranged by the Cuban Government.
Other foreign journalists were forced to leave Cuba for having
taken pictures of one of the houses occupied by fugitive
American financier Robert Vesco, who was residing in Cuba.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Although discrimination against women and minorities is
outlawed, few women hold high positions in government or the
party. However, there were some small gains in this regard in
1986. Women now make up 18 per cent of the full and alternate
members of the Central Committee of the Communist Party. Raul
Castro's wife, a veteran Communist, was selected as a full
member of the party Politburo.

Blacks and other minorites are underrepresented in the top
levels of government. The Government claims that Blacks and
persons of mixed race now account for 28 percent of the
membership of the party Central Committee, some improvement
over previous levels. Only one black is a full member of the
Politburo; another is an alternate.

CONDITIONS OF LABOR

The standard Cuban workweek is 44 hours, which includes 8 hours
every other Saturday. Provisions for worker safety and control
of industrial pollution are substantially below standards of
industrialized Western countries. The mininum wage is about
US$107 per month. Workers receive 1 month of annual vacation.
Cubans do not normally begin working before the age of 17,
although under some circumstances they may begin at 14.
Minors under age 17 are not permitted to work under hazardous
conditions or for more than 7 hours a day or 40 hours a week.
However, students as young as 11 are required to spend from
6 to 10 weeks a year performing agricultural work, such as
harvesting crops, for which they receive no wages. As
previously mentioned, the conditions under which this work is

468

CUBA

performed and its mandatory nature resemble that of forced
labor .

Throughout 1986 Fidel Castro and other senior officials
bitterly criticized both management and labor in Cuba for lack
of enthusiasm and discipline, resulting, in their view, in
poor economic performance. Criticism of work standards and
threats of severe punishment accompanied these denuniciations
which were termed the "Rectification Campaign." Such pressures
on workers and managers alike to work harder or face
disciplinary actions increased the unrest and fear which
normally characterizes Cuban society.

469

DOMINICA

A member of the British Commonwealth, Dominica has a system of
parliamentary democracy dating back to British colonial rule
before 1978. Prime Minister Eugenia Charles and the governing
Dominica Freedom Party (DFP) won the July 1980 general
elections and were reelected to a second term in July 1985.
Both elections were free, fair and open; voter participation
was heavy, which has become traditional in Dominica. The
opposition Democratic Labour Party (DLP) formed a coalition
with a number of smaller opposition groups before the 1985
elections and won 43 percent of the popular vote.

Since the Dominica Defence Force was disbanded in 1981
following two violent coup attempts, the police are the only
security force in Dominica. A small police Special Service
Unit (SSU) has been organized and provided some light infantry
training, and a Marine Wing has been organized within the
police force to function as a coast guard. Both the SSU and
the Marine Wing are supervised by the Commissioner of Police.

Dominica is among the least developed nations in the Eastern
Caribbean. Although it has largely recovered from hurricane
damage sustained in 1979 and 1980, economic growth and
development remain sluggish. With the assistance of foreign
donors, the Government is encouraging foreign investment and
rehabilitating critical economic infrastructure. Unemployment
and underemployment are Dominica's major economic and social
problems .

Dominica's human rights record remained good during 1986 with
no reports of significant violations.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports in 1986 of torture or cruel, inhuman or
degrading treatment or punishment. In August 1985, six
Dominican policemen were charged with manslaughter in
connection with the 1981 death of John Rose Lindsay. Lindsay,
a Dominican national, was arrested by the police and found
dead hours later at the bottom of a cliff. Three of the six
policemen were acquitted and the remaining three were expected
to be tried before the end of 1986. Six other policemen were
suspended from duty and reprimanded for alleged misconduct in
connection with Lindsay's death. Manslaughter charges in the
Lindsay case were the result of an official government inquiry.

d. Arbitrary Arrest, Detention, or Exile

Dominican law requires that persons arrested or detained be
charged with a crime within 24 hours or released from

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DOMINICA

custody. This requirement is honored in practice. There were
no reports of arbitrary arrest or exile in 1986.

Forced or compulsory labor is not known to take place in
Dominica .

e. Denial of Fair Public Trial

Public trial is provided before an independent, impartial
court. Criminal defendants are presumed innocent until proven
guilty, are allowed legal counsel, and have the right of
appeal on legal or procedural matters. Indigent criminal
defendants are provided legal counsel only in capital cases.

In November 1985, former Prime Minister Patrick John was
convicted on charges of treason for his role in a 1981 coup
attempt. John was represented by legal counsel, and was free
on bail during the court proceedings. He was sentenced to 14
years in prison and is now serving his sentence. Unable to
take his case to the Privy Council in London for financial
reasons, John appealed his conviction to the Eastern Caribbean
Supreme Court, which denied the appeal. Having been elected
to Dominica's Parliament in July 1985, John was required by
law to resign the seat following his conviction.

f. Arbitrary Interference with Privacy, Family, Home or
or Correspondence.

The Constitution prohibits arbitrary entry, search, and
seizure. There were no reports in 1986 of arbitrary
government intrusions into the private lives of individuals.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution establishes the right of free expression,
which is affirmed in practice. The political opposition
freely criticizes the Government. Dominica's only radio
station is state owned, and the principal newspaper is
independent but generally favors the ruling DFP party.

The opposition DLP staged a boycott of Parliament in August
1985 to protest the Government's decision to end live
broadcasts of parliamentary sessions. In May 1986, the DLP ' s
elected representatives resumed attending parliamentary
sessions, but continued to limit their participation. In
response, the Government beginning in July 1986 withheld the
salaries of DLP parliamentarians for failure to participate in
debates. The opposition plans to take legal action to force
the Government to pay the salaries. The Government has
indicated that it will abide by a court ruling on the issue.

b. Freedom of Peaceful Assembly and Association

Freedom of association and the freedom to assemble are honored
without exception. Opposition groups hold rallies, meetings,
and conventions without hindrance from the Government.

Labor has the right to organize, to bargain collectively, and
to strike. Labor unions are independent, but are not a
significant political force owing to small membership.

The Banana Growers Association and the Civil Service

471

DOMINICA

Association are strong organizations which play a significant
political role.

c. Freedom of Religion

Dominicans are primarily Roman Catholics or Anglicans, but a
small Muslim community also exists. There have been periodic
allegations of police harassment of members of the Rastafarian
cult, usually for narcotics-related offenses.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration and Repatriation.

These rights are guaranteed by law and honored in practice.

Section 3 Respect for Political Rights: the Right of Citizens
to Change Their Government

Dominica has a parliamentary system of government in which
citizens have clear political choices and opportunities
through free elections to change their government. The
governing DFP and opposition DLP represent a broad political
spectrum. In the July 1985 general elections, the DFP won 15
seats in the House of Assembly, while the remaining 6 seats
were won by the DLP and a small affiliated party. The
opposition has since lost two seats — one in a by-election
following the resignation of Patrick John, and the second
after the resignation of a DLP parliamentarian.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is responsive to complaints about human rights
violations. No international human rights organizations have
branch offices in Dominica. The Dominica National Workers
Union's Human Rights Committee occasionally has published
allegations of human rights violations in Dominica. The union
is not affiliated with any recognized labor organization and
has not negotiated or represented its members in any labor
contracts or agreements. It charged that the June 1986
execution of former Deputy Defence Force Commander Frederick
Newton constituted a human rights violation. Newton and five
Defence Force members were tried, convicted, and condemned to
hang for their participation in a December 1981 attack on
police headquarters in which a policeman was killed. A
clemency board commuted the death sentences of the five
Defence Force members to life imprisonment and left Newton's
sentence unchanged. Newton was represented by defense counsel
provided at government expense, and decided not to file a
final appeal to the Privy Council in London.

Section 5 Discrimination Based on Race, Sex, Religion,
Language or Social Status

Dominican law does not restrict the role of women in the
nation's public or social life. The traditional role of
women, once limited to the home and family, is changing
rapidly, although a pattern of domestic violence and sexual
harassment including rape remains common in the society.
While statistics are unavailable, religious and other social
welfare organizations estimate that over half the women in
Dominica experience some form of domestic or sexual violence
before age 20. Government efforts at public education and
awareness appear to be reducing the incidence of such violence.

66-986 0-87-16

472

DOMINICA

CONDITIONS OF LABOR

The legal minimum working age is 14. The standard work week
is 40 hours in 5 days. Workers are given a minimum of 2 weeks
annual vacation. An occupational health and safety law in
keeping with ILO standards was passed in 1984. A minimum wage
is established by law.

473

DOMINICAN REPUBLIC

The Dominican Republic is a constitutional democracy with a
popularly elected president and a bicameral congress. The
Supreme Court heads an independent judiciary whose members are
appointed by the Senate. The military is fully responsive to
the civilian governmental authorities and committed to
constitutional order.

National elections were held May 16, 1986 for the sixth
consecutive time since 1966. Salvador Jorge Blanco completed
the final year of his 4-year term, turning power over to
president Joaquin Balaguer Ricardo, leader of the principal
opposition party and winner of the May elections, on August
16. Parties representing the political spectrum from left to
right freely participated; over 70 percent of registered
voters went to the polls on election day.

The Dominican Republic is a developing country with a mixed
economy based primarily on agriculture and services. The
Government accounts for 20 to 25 percent of the gross domestic
product and controls several major industries. Historically,
sugar has been the Dominican Republic's principal export,
although both tourism and remittances from Dominicans abroad
now generate more foreign exchange. The Government has
renegotiated most of its commercial and public bilateral debt,
and stabilized the market-determined exchange rate.
Nonetheless, living standards have fallen, especially for the
poor and lower middle class majority.

During 1986, Dominicans continued generally to exercise and
enjoy the broad range of human rights guaranteed them under
the 1966 Constitution. The political environment remained
unrestricted, and individuals and political groups freely
debated and criticized the policies and programs of the
Government. The May 1986 elections were open, fair, and
competitive, although there were incidents of political
violence during the election campaign and in the postelection
period. While opposition to government economic austerity
measures led to periodic protests and strikes, and economic
discontent played a role in the election of Joaquin Balaguer,
there was no repetition of the violent disturbances of April
1984.

Key figures in the ruling party and the new Government,
including President Balaguer, have publicly affirmed their
commitment to respect human rights. On several occasions
since assuming office, the new administration removed military
and police officers from office and reprimanded them, citing
human rights abuses as one factor. Government officials have
also commented on the need to improve prison conditions and to
curtail the time period between arrest and trial.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Although there were no known cases of government-instigated
killings in 1986, there were approximately 13 deaths related
to the May elections. Prior to the elections, there were six
killings as a result of violent clashes between supporters of
the two principal political parties, the Dominican
Revolutionary Party (PRD) and the Social Christian Reformist

474

DOMINICAN REPUBLIC

Party (PRSC). These deaths were not planned political
assassinations, but occurred in different parts of the country
when the two rival political organizations held competing
campaign events; similar incidents occurred during the 1982
election campaign. On election day, there were three more
violent deaths in incidents at two polling places.
Subsequently, four people were killed during a political
demonstration by PRD members and Santo Domingo municipal
workers at the headquarters of the Central Electoral Board
(JCE) on June 23. As a result of this last incident, the
commander of security forces at the JCE was summarily
dismissed from the armed forces and a military investigating
committee recommended that some 30 other officers and troops
be sanctioned. In December, while 9 officers were either
disciplined or retired, a joint military-police tribunal held
that there was insufficient evidence to prosecute 20 other
security force members accused of firing on the demonstrators.

The January 1985 murder case of foreign exchange trader Hector
Mendez and his chauffeur, in which there were allegations of
involvement by government and police authorities, remains
before the courts. The judge hearing the case resigned from
the bench in August .

b. Disappearance

There were no credible reports of politically motivated
disappearances in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture, and it is not practiced.

The press routinely reports cases of police abuse. Prisoners
and their families have access to the press, a fact that
encourages the Government to take corrective action. In most
instances, government and police officials have indicated a
concern to redress improper behavior by police, but they have
not always effected the needed changes. In early 1986. there
were several cases in which the police were accused of both
beating and murdering protesters or alleged criminals. The
death of a sugar worker during a January strike and
confrontation at the state-owned Catarey sugar refinery led to
the dismissal and prosecution of the policeman involved. In
addition, a police captain was sentenced to 15 years in prison
for his involvement in the shooting of 3 brothers. In
February, an official autopsy revealed that a young man, who
police had claimed was killed in a motorcycle crash while
attempting to escape, died as a result of being beaten and
shot by police authorities. The two officers responsible for
this action were dishonorably discharged and placed before the
courts on criminal charges. In March an army-police tribunal
dismissed charges against two corporals who were under
investigation for the October 1985 shooting death of
bandleader Tony Seval while the latter was in police custody.
The new chief of police, named when the Balaguer Government
took office in August, has issued instructions reminding
members of the police that persons detained are entitled to
"humane and rational treatment."

The inadequately financed prison system suffers from
unsanitary conditions and overcrowding. The overcrowding
results in part from the slowness of the judicial process
under which many prisoners remain in custody while awaiting

475

DOMINICAN REPUBLIC

trial. Financial constraints continue to handicap the
Government's ability to improve the prison situation. The new
Attorney General has publicly recognized the poor conditions
in the prisons, including the frequency of tuberculosis
because of dietary deficiencies and the lack of medicines, and
has pledged to work to improve the situation.

d. Arbitrary Arrest, Detention, or Exile

There are no known instances of arbitrary arrest, illegal
detention, or exile of individuals for expressing views
contrary to or critical of the Government. The Constitution
stipulates that suspects may be detained for a maximum of 48
hours for investigation before arraignment. After 48 hours,
those detained must be charged or released, and this
requirement is routinely observed. Shortly after assuming
office in August, the national police chief issued
instructions reminding all police of this requirement.

e. Denial of Fair Public Trial

There are no known political prisoners.

The Constitution guarantees a public trial. No special court
for political or national security cases exists, and civilians
may not be tried by a military court. Members of the armed
forces are not tried by civilian courts, except under
specified circumstances and only after a military board has
reviewed the case and decided to pass it to the civilian
courts. The appeals procedure, which includes appellate
courts and the Supreme Court, is widely utilized.
Court-appointed lawyers normally are provided at public
expense to indigents only in criminal cases; they are seldom
provided in criminal misdemeanor cases where their provision
is at the court's discretion. Prosecuting attorneys are
appointed by the executive branch.

Judges at all levels are approved by the Senata. They are
independent of the executive branch and subject to removal or
transfer by a majority vote in the Senate. Their terms of
office correspond to that of the President and other elected
officials, ending on the last day of the incumbent
administration regardless of date of appointment. Judges have
displayed independence in their actions and are not known to
persecute opponents of the administration. However, judges
earn a relatively low salary, and the fairness and quickness
of some trials have been subject to allegations of influence
and manipulation. There is a widespread public belief,
buttressed by credible reports, that a number of judges and
prosecutors at the lower court level accept bribes. The
Dominican Bar Association in March and June charged some
judges and prosecutors with corruption and selling sentences.

The slowness of the judicial system has come under criticism
from several sectors. The Attorney General reported that only
18 percent of the inmates in the country's prisons had been
sentenced by the courts, citing cases where prisoners had
spent as long as 10 years awaiting trial.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no reports of arbitrary governmental interference
with the private lives of individuals or families.
Constitutional safeguards against invasion of the home

476

DOMINICAN REPUBLIC

normally are observed. A residence may not be searched except
in the presence of a prosecutor or an assistant prosecutor,
excluding cases of "hot pursuit" or in instances where there
is probable cause to believe that a crime is actually
occurring within the residence. Because of theft within the
postal department, there is little public confidence in the
mail system.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These liberties are guaranteed by law and respected.
Dominican newspapers are privately owned and freely reflect
opposition points of view and criticism of the current
Government. The numerous privately owned radio and television
stations air all political points of view. Moreover, there
are frequent exchanges of views between government officials
and the media.

There is no government censorship on political grounds.
However, for 11 days following the May elections, all
television and radio stations were prohibited from
broadcasting any information about the elections, including
the results. During this period the various stations either
did not broadcast at all, broadcast only music (with no news
of any kind, national or international), or linked up with the
official television and radio chain controlled by the Central
Electoral Board. Newspapers did provide full news coverage of
election events and other news topics.

In December 1985, the media and political opposition
criticized the Government for ordering a commercial television
station, Channel 13, to remain off the air. The station was
owned by a prominent political figure of an opposition party.
The Government stated that the station was ordered not to
broadcast because of technical irregularities. In July a
court ruled that there did not exist any legal or technical
reason to keep Channel 13 off the air. The station began
broadcasting again in September.

While customs authorities from time to time confiscate
Communist literature, books of all political persuasions are
readily available for public sale. University autonomy and
academic freedom are respected by the Government.

b. Freedom of Peaceful Assembly and Association

These freedoms are guaranteed by the Constitution. Outdoor
public marches and meetings require official government
permits, which are granted routinely. Throughout 1986 —
especially during the pre-election campaign period — there were
numerous such gatherings of parties and groups of diverse
political orientations. Indoor gatherings of political
parties, labor unions, and other associations are unrestricted.

Labor unions historically have not played a significant role
in the Dominican Republic, and less than 15 percent of the
labor force is organized.

The trade union movement is fragmented — there are eight
recognized national labor confederations — and, except for the
National Confederation of Dominican Workers (CNTD), highly
politicized. Moreover, the confederations exercise only a
limited degree of control over their affiliates. In 1986, 229

477

DOMINICAN REPUBLIC

new unions were formed and officially recognized. Several of
the confederations are affiliated with regional and
international labor organizations.

A significant portion of Dominican organized labor is
Communist controlled or influenced. The politically
affiliated organizations frequently pursue partisan objectives
rather than workers' economic demands. The Government on
occasion has briefly detained labor union leaders in order to
stop strikes or other labor actions it considered illegal.
Rising unemployment — 28 percent for 1986 — and the
deterioration of the nation's economy have hampered the growth
of organized labor. Unions have the right to negotiate and to
strike, but operate under the handicap of a dated labor code,
written during the Trujillo dictatorship, that gives unions
few rights vis-a-vis management. For example, there is no
effective protection for organizers or union officials.
Proposed legislation to modernize the labor code and
strengthen worker rights remained stalled in Congress in 1986.

Professional organizations of lawyers, doctors, journalists,
and others function freely. Like the unions, these
organizations are free to maintain relations with counterpart
international bodies of diverse political philosophies.

c. Freedom of Religion

Discrimination on racial, religious, or ethnic grounds is
prohibited by the Constitution. There are no religious
requirements to hold public office, no restrictions on the
practice of religious faiths, and no social discrimination
based on religion. However, approximately 9 5 percent of the
population is Roman Catholic, and the Church's preeminent
position is accepted by the populace at large and is
recognized in the Concordat between the Dominican Republic and
the Holy See.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no unusual restrictions on travel within or outside
the country. Many political exiles returned after an amnesty
in 1978, but a legal ban on the return of certain members of
the family of Rafael Trujillo, a former dictator, still exists.

The status and treatment of Haitians living in the Dominican
Republic have been criticized by the press and private groups,
both in the Dominican Republic and abroad. The Haitian
community of approximately 500,000 is composed mainly of
illegal immigrants seeking employment and better living
conditions. This figure also includes approximately 800
individuals, mostly opponents of former Haitian President
Duvalier, who have received "political refugee" status from
the Dominican Government.

Following the fall of the Duvalier regime in February, the
United Nations High Commissioner for Refugees, cooperating
with the Dominican and Haitian Governments, arranged for the
voluntary repatriation of several hundred of these political
refugees to Haiti.

In addition, there were another 1,000 de facto (but
unrecognized) political refugees. Illegal immigrants
routinely are deported under Dominican immigration law, while
those seeking political refuge are not repatriated if the

478

DOMINICAN REPUBLIC

Government determines that they have a legitimate fear of
persecution. There are restrictions against foreigners
engaging in political activity directed against another
country.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Dominican Republic is a functioning multiparty democracy
in which governments are freely elected by the citizenry.
Opposition groups of the left, right, and center operate
openly and participated in the 1986 election campaign. The
May elections, in which the ruling party was defeated, and the
subsequent peaceful transfer of power in August, demonstrate
the established right of the electorate to change its
government freely. Elections are administered by the Central
Electoral Board, an independent government body.

Nearly three-quarters of the registered electorate voted on
May 16, selecting national, provincial and municipal office
holders. The large voter turnout and active participation of
the two principal parties and the pro-Cuban Dominican
Liberation Party in the Dominican Congress underline the
favorable climate for political pluralism.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Dominican Republic participates actively in international
and regional human rights bodies and supports efforts to
promote human rights in international forums. International
human rights organizations have been allowed free access to
the country.

In response to a complaint by the International Confederation
of Free Trade Unions (ICFTU) concerning the infringement of
union rights during the January Catarey sugar refinery strike,
which resulted in the death of a union activist, the
Government acknowledged that a policeman was involved. He
later was dismissed from the police force and is facing court
proceedings. Private organizations which freely report and
comment on alleged human rights violations include the
Dominican Human Rights Committee and the Dominican Union for
the Defense of Human Rights. The major allegation of these
organizations in 1986 was that the Government was forcing
Haitian residents to participate in the cutting of sugar cane
against their will. In addition, a new human rights group
organized in July, the National Committee of Human and Labor
Rights, is closely associated with the National Confederation
of Dominican Workers, an ICFTU affiliate.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Sexual and racial discrimination are prohibited by law and
women's political rights have been recognized in legislation
since 1941. Forty-seven percent of registered voters are
women, and women hold both elective and appointed offices in
the Government. Women remain a minority in government
offices, but President Balaguer designated women governors for
8 of the country's 29 provinces. Divorce is easily obtainable
by either spouse, and women can hold property in their own
names apart from their husbands. Nonetheless, women

479

DOMINICAN REPUBLIC

traditionally have not shared equal social and economic status
or opportunity with men.

There is subtle social discrimination against darker skinned
Dominicans, although this has not prevented their success in a
variety of fields, including elected political office.
Dominicans, for historical reasons and because of sharp
cultural differences, generally are prejudiced against
Haitians. This prejudice carries over to a minority in the
population who are Dominicans of Haitian descent. These
prejudices, social tensions, and historical enmities sometimes
result in violence against the Haitian community in the
country.

CONDITIONS OF LABOR

The Dominican labor code prohibits employment of youths under
14 years of age, and restricts the nighttime employment of
youths ages 14-18. The labor code also provides that
employees under 18 work no more than 8 hours a day, and, in
addition to other limits on youth employment, specifies that
those 18 years and younger will not be employed in dangerous
or unhealthy jobs. In practice, many or the restrictions in
the labor code are ignored. Young people, including minors
less than 14, engage in a wide variety of work which
technically violates the labor regulations. For example, the
labor code's provisions regulating vendors and shoeshine boys
are not enforced.

The labor code establishes that all workers are entitled to 24
hours of rest after 6 days of work; in practice, a typical
work week is Monday through Friday plus half a day on
Saturday. Safety and health conditions at the workplace do
not always meet acceptable standards. The existing social
security system is inadequate, and legislation to expand and
improve it has remained stalled in the Congress.

In 1985 the Government, recognizing the hardships entailed by
the rising cost of living, took steps to raise the basic
minimum monthly salary from 175 to 250 pesos (about US$63 to
US$89 at the current exchange rate) for both public and
private sector employees. Some smaller businesses are exempt
from the new pay scale. At the same time, the minim.um daily
wage for agricultural workers was raised from 5 to 6 pesos.
Action by the executive branch preserved this 250 peso minimum
wage for public sector employees through 1986.

The Government and the State Sugar Board (CEA) did not
contract seasonal sugarcane cutters from Haiti for the 1985-86
harvest. However, charges were leveled by the Catholic Church
and some political parties, labor organizations, and human
rights groups that the Government forced Haitians — generally
illegally resident — to engage in cane cutting. In a written
declaration dated February 23, the Dominican Episcopal
Conference of the Roman Catholic Church declared that Haitians
living in the Dominican Republic, including both legal and
illegal residents, "are being taken against their will to cut
cane." The Government denied the charge, while affirming that
many Haitians, together with Dominicans, voluntarily were
engaged in such activities.

480

U.S.OV.ERScAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJMTRY: DOMINICAN REPUBLIC

1934

1985

1966

I.ECON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) ...

B.FOOO FOR =cACE

LOANS

GRANTS

TITLE I-TOTAL

RSPAY. I^ >-LC4fl5 .. . . .

'AY. IN FOR. CURR

TITLE II-TOTAL

f. RELIEF. EC. DEV J WF^.

i/OL. RELIEF AGENCY

C. OTHER E:0N. ASSIST...

LOANS

GRANTS

pea:e co=;ps

narcotics

OTHER

II. MIL. ASSIST.-TQTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINA;;C; ^J'S. .. .
C.IiUL MIL.ED.TRMG....
D. IRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON,
LOANS

GRANTS. .. ,

'1IL,

98.2

17D.6

7D.0

35.3

54.4

11.2

12.9

116.2

58.8

64.4

1 25.5

67.1

56.8

13.9

11.2

7.6

111.6

55.9

34.0

95.0

40.0

31.3

42.4

0.0

28.5

40.5

0.0

2.8

1.9

0.0

28.5

40.5

0.0

28.5

4D.5

0.0

O.D

3.0

D.O

2.8

1.9

0.0

2.8

1.9

0.0

2.5

2.7

2.9

0.0

2.5

2.7

2.9

2.3

2.5

0.0

0.2

0.4

6.4

8.7

4.5

2.5

3.0

0.0

3.9

5.7

4.5

3.2

5.0

3.8

2.5

3.0

0.0

0.7

0.0

D.O

0.0

104.6

179.3

74.5

37.3

■ 57.4

11.2

16.8

121.9

63.3

OTHf^R US LOflN^...

i>,
0,

.0
.0
.0

0,
0.

.5
,0
.5

0.
0.
0.

EX-IM BANK

LOANS

ALL OTHER.

ASSISTANCE

F'OM I

M T E R
1934

NAT]

[ONAL
1 985

AG!

ENCIES
1986

1946-

■36

TOTAL

119.2

193.3

43.4

1315.9

I3RU
IFC

3.3
D.O

5.3
0.0

35.8
7.6

337.9
33.7

IDA

0.0

3.0

21.0

IDB
A03

113.7

1 37.0

0.0

383.3
0.0

Af 03

D.O

0. D

, 0.0

0.0

LIJOP
OT-"cR-UN

J . 3
1.4

0.^
O.'D

0.0
0.0

'6.4

7.1

ee:

■i.Q

0. 1

: . 0

0.0

481

ECUADOR

Ecuador is a constitutional republic. The President and
members of the unicameral Congress are chosen in free
elections. The Supreme Court, which is selected by Congress,
presides over an independent judiciary. Elections in 1979
ended 7 years of military rule, and since then 2 democratically
elected administrations have governed Ecuador. Seventeen
registered political parties and a free and partisan press
participate in a lively and contentious democratic political
process .

In June, regular midterm elections were held to select new
provincial representatives to Congress as well as many
provincial and municipal council officials. A coalition of
opposition parties dominates the 1986-1988 Congress, which
took office in August.

The President controls the police through the Ministry of
Government. In 1986 local human rights organizations and
opposition members of Congress alleged several cases of police
brutality. Government officials acknowledged isolated
incidents but dsnied any systematic abuses.

The terrorist group Alfaro Vive Carajo (AVC), which has links
to the Colombian M-19 guerrillas, initiated several bloody
confrontations with police which resulted in deaths on both
sides. In May the Montoneras Patria Libre, an offshoot of the
AVC, kidnaped a government official. After negotiations the
kidnapers surrendered, and the official was freed.

The labor movement is broad-based and active within Ecuador's
essentially free enterprise economic system. The Government's
announcement of financial reform measures in August in the
face of sharply reduced export revenues prompted a coalition
of labor unions to organize a 24-hour general strike in
September that was only partially successful. Economic
progress in the last 15 years, based on petroleum exports, has
been concentrated in the industrial and commercial sectors.
Extensive rural poverty persists, especially among highland
Indians .

Despite terrorist violence, extremely poor prison conditions,
and an inefficient and corruptible judicial system, Ecuador
maintained generally good human rights standards.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no substantiated charges of politically motivated
killings by government forces.

Armed clashes between police and the AVC resulted in deaths on
both sides, including several key leaders of the AVC and the
head of the police antiterrorist unit. In August the AVC
murdered three policemen in order to free a hospitalized
terrorist, who was later recaptured. After several police
actions against the AVC, Ecuadorean human rights groups claimed
that excessive police violence had resulted in deaths of
terrorists. The Government denied these charges and published
its versions of the confrontations.

482

ECUADOR

In February the death of a student in clashes with police led
to the arrest of a policeman. A similar case occurred in June.
At the end of 1986, both policemen were still in prison
awaiting trial .

Human rights groups maintain that police too frequently apply
the "ley de fuga" (the law of escaping prisoners), which
allows them to fire upon fleeing prisoners. Escapees are
generally not armed, and the groups argue that they would
normally be willing to surrender if challenged.

Human rights activists periodically charged that provincial
governments remain indifferent to the deaths of rural
inhabitants killed in disputes over land tenure. In some
cases local government officials were accused of complicity.

b. Disappearance

There were no substantiated cases of disappearances in 1986
attributable to the Government.

In May the Montoneras Patria Libre kidnaped a government-
appointed member of the Constitutional Guarantees Tribunal.
Police quickly discovered and surrounded the kidnapers'
hideout. After negotiations they surrendered, and the
official was released unharmed.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited by law. Police are reported occasionally
to beat suspects or to treat them harshly, usually during
initial interrogations. This is not officially condoned by
the Government. Human rights activists and congressional
opponents claim abuses arise from lax supervision of the
police, and hold the Government responsible.

Ecuadorean prisons are overcrowded and unhealthy. Guards use
solitary confinement and beatings for disciplinary purposes,
even though this is contrary to prison regulations. Prisoners
often bribe guards to avoid punishment and to improve their
living conditions.

Detainees under civil control who have been charged with
terrorism or subversion have generally received good treatment
and are allowed frequent family visits. However, the few
detainees under military control are usually held incommunicado
and there have been reports they are mistreated.

d. Arbitrary Arrest, Detention, or Exile

Preventive detention is illegal. The criminal code forbids
isolated confinement for more than 24 hours and detention
without charge for more than 48 hours. Since the outbreak of
terrorist activity in 1985, AVC suspects have frequently been
held beyond these limits.

Mayors and municipal council presidents are constitutionally
empowered to order the release of detainees and do so
liberally, irrespective of the severity of the charges.

The armed forces held an air force general in pre-trial
detention during 1986 on charges of instigating a rebellion in
March which resulted in the death of several soldiers. Both
the Defense Minister and the service chiefs rejected a

483

ECUADOR

congressional resolution of amnesty in the case, as well as a
writ of habeus corpus authorized by the acting mayor of Quito:
they asserted that the military court of justice is not obliged
to recognize either. The opposition-dominated Congress issued
a resolution accusing the President of unconstitutional action
in supporting the military's position in the dispute. The
Supreme Court has agreed to hear a suit by the general against
the head of the military court.

There is no forced or compulsory labor. Forced exile is not
practiced .

Local human rights activists accuse the Government of
continuing widespread illegal detentions of suspected
terrorists and their family members.

e. Denial of Fair Public Trial

There were no political prisoners in Ecuador in 1986.

The Congress elects the Supreme Court and has the power to
impeach judges, to fix the budget of the judicial branch, and
to ratify the Supreme Court's judicial review decisions. From
time to time the Court investigates allegations of judicial
inefficiencies or improprieties and may remove judges.
Judicial corruption is widespread in part because judges are
inexperienced and poorly paid.

Defendants have the right to counsel as soon as arrested, to
call witnesses on their behalf, to cross-examine all witnesses,
to refrain from testifying against themselves, and to appeal
sentences to intermediate or higher courts. Although a public
defender system is mandated in the Constitution, this provision
has not been implemented.

The judicial system is inefficient. Detainees may wait 2 years
or longer for trial, placing additional burdens on the
overcrowded prison system. Time spent awaiting trial is
counted toward completion of the final sentence, but some
long-term detainees have been found innocent. Those unable to
afford legal counsel face the longest periods of pretrial
detention.

As in most civil law systems, there is no trial by jury.
Judges play a central role in investigations as well as in
deciding guilt or innocence. The Attorney General, the
Solicitor General, and provincial prosecutors carry out
investigations and prosecutions. These officials also defend
state interests in criminal and civil cases, receive
complaints against judges, conduct fiscal inspections of lower
courts, and provide legal opinions in all court cases.

The autonomous Constitutional Guarantees Tribunal, made up of
representatives of the Presidency, the Congress, the judiciary,
municipalities, business and labor, is empowered by the
Constitution to investigate charges of constitutional or human
rights violations. The Tribunal has little real power to
enforce its rulings concerning laws passed by Congress or
decrees issued by the President. It has focused public
attention on human rights issues by calling hearings, listening
to complaints by human rights activists, and requiring
government officials, including the Minister of Government, to
answer questions.

484

ECUADOR

Military courts may try only those cases involving infractions
of military regulations or acts against military installations.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government generally respects the sanctity of the home and
privacy of correspondence. Police must have a warrant to enter
a dwelling except in the case of hot pursuit. This requirement
is generally observed in practice, but in their response to the
terrorist threat, government security forces have apparently
been involved in a number of illegal and surreptitious entries.

In August, newspapers published alleged transcripts of
international telephone conversations between various political
opposition figures, including members of Congress, and a
Guayaquil politician who had fled to Panama rather than face
charges of embezzlement and of defaming the armed forces.
Government opponents accused the administration of illegally
taping these conversations and releasing the transcripts for
political purposes. The second charge against the politician
was dropped by a civil judge after a congressional resolution
of amnesty. The same politician has accused the Government of
being responsible for his brief imprisonment by Panamanian
authorities on drug charges.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and expression.
This right is vigorously exercised in the Ecuadorean media,
which are essentially privately owned and free from direct
government control. Twelve daily newspapers, dozens of
weeklies, many magazines, 10 television stations, and more
than 450 radio stations operate in Ecuador and present a
diversity of political opinion.

The Government has been accused by opposition politicians and
local human rights activists of using a variety of indirect
pressures to soften media criticism of its policies. The
Inter-American Press Association has supported some journalists
who complained of official harassment after they criticized
the Government. Despite an adverse court ruling, the
Government continued to find a technical basis for preventing
the opening of a new television station owned by political
adversaries who had obtained a license in the final days of
the previous administration.

Ecuadorean law, like that of other Latin American countries,
prohibits defaming the President. In April 3 opposition
congressional candidates were jailed for 4 days for writing a
letter to local newspapers calling the President a liar.

There is no political censorship of foreign or domestic books,
films, or works of art. There is no government interference
with academic inc[uiry.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right to free assembly and
association and this is observed in practice. Public rallies
require prior approval from local governments, but this is
generally granted. The one notable exception has been the
consistent refusal of the Government to grant permission for

485

ECUADOR

rallies or marches during national strikes. Both in January
and September, marchers were stopped by police during 24-hour
national strikes. Violence and detentions were minimal. The
Government has argued that the labor code does not permit
national strikes because they are not related to a collective
bargaining action.

Labor organizations represent about 15 percent of the country's
economically active population. The labor movement, organized
into four major confederations and many independent unions,
reflects widely different political orientations and has links
to international labor organizations.

All private sector employees ana government blue collar workers
enjoy the right to organize unions, bargain collectively, and
strike. Government white collar workers may not strike and
their labor organizations are not officially recognized by the
Government as having bargaining rights.

The 50-year-old labor code provides for a considerable
government role in the resolution of labor-management disputes,
especially through Conciliation Tribunals of the Ministry of
Labor. Trade union leaders are elected by their membership.
Membership dues of recognized unions are collected by the
Government and given directly to the union leadership. The
Constitution provides for formal labor participation in
government through representation on the executive boards of
several national institutions. Labor leadership meets
regularly with the Minister of Labor and other senior
government officials to discuss current problems.

c. Freedom of Religion

Although overwhelmingly Roman Catholic, Ecuador has no state
religion. Citizens and residents are free to practice the
religion of their choice. Clergymen, by local law, may not
become high-level elected or appointed government officials.

Foreign missionaries of many faiths have operated freely in
Ecuador for many years. Radio HCJB, the "Voice of the Andes,"
has functioned for more than 50 years as an evangelical
fundamentalist Christian shortwave radio service supported
largely by contributions from the United States. It broadcasts
domestically both on AM and FM.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

All Ecuadoreans may travel freely at home or abroad.

Individuals from other Latin American countries have readily
found asylum in Ecuador. No cases of involuntary repatriation
or persons fleeing political persecution were reported in 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Ecuador is a multiparty democracy with 17 registered parties
representing the full political spectrum. Thirteen of these,
including two avowedly Marxist parties, are represented in the
unicameral Congress. Ecuadoreans 18 years of age and older
have the right to vote. Voting is mandatory for literates and
voluntary for illiterates. Political participation and
suffrage are open to all citizens without discrimination on

48&

ECUADOR

the basis of sex, ethnic group, or socioeconomic status. All
citizens have the right to form and join political parties.

Only certified political parties may present candidates for
election. For certification an aspiring party must present a
petition bearing a minimum number of voter signatures. In
June voters rejected a government-sponsored proposal to change
the Constitution so that independents might run for office.

Since the return to democracy in 1979, Ecuadorean politics
have been characterized by strident partisanship and shifting
alliances. Strong political rivalries among individuals and
ideological and regional differences account for much of the
rough and tumble nature of the political process.

The inauguration of the current President in August 1984
marked the first peaceful transfer of power from one
democratically elected administration to another in 24 years.
Despite pressure from Congressional allies for postponement,
the President proceeded with midterm elections mandated by law
in June. An opposition coalition won and took control of the
new Congress in August.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

The Government has a constructive approach to international
human rights issues. An Ecuadorean serves on the Human Rights
Committee of the United Nations Covenant on Civil and Political
Rights and on the UN Committee on the Elimination of All Forms
of Racial Discrimination. Domestic human rights bodies are
free to investigate human rights practices within the country.
Congress formed a Commission on Human Rights in November.
Representatives of the International Labor Organization's
regional office in Lima travel regularly to Ecuador in order
to consult with government officials on labor policies and
programs. The Latin American Human Rights Association is
headquartered in Quito, as is the local office of Amnesty
International. Active local human rights organizations
include the Ecumenical Commission on Human Rights, with ties
to the Catholic Church, and the National Human Rights
Commission. During 1986 individual human rights activists
occasionally met with Ministry of Government officials to
discuss human rights concerns. The Foreign Ministry has an
office responsible for providing detailed replies to queries
from outside Ecuador concerning human rights matters.

Amnesty International in its 1986 Report on Ecuador expressed
concern with what it charged were unacknowledged detention
of political prisoners in secret detention centers,
disappearances, torture, and death in custody as a consequence
of torture or ill-treatment. The Ecuadorean Minister of
Government, appearing in November before the congressional
Human Rights Commission, said Amnesty International had been
"deceived and misled" and that its accusations of systematic
disrespect for human rights on the part of the Ecuadorean
Government were irresponsible. The Minister denied that the
Government uses torture or that clandestine interrogation
centers exist in Ecuador. He also said that while the
Government will improve prison conditions and will reform the
penal code and judicial system, it will also continue to
respond to terrorist actions with force.

487

ECUADOR

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution prohibits any discrimination based on race,
color, sex, language, religion, political or other affiliation,
social origin, or economic position.

The urban poor are predominantly mixed race or black. The
Indian population is primarily rural and poor. There is no
overt or legally sanctioned discrimination practiced against
these groups .

The Constitution establishes complete political equality for
men and women. However, due to the female's traditional role
in Ecuador there are few highly-placed women in the political
structure. Three of the 71 congressional deputies elected in
1984 were women. Only one was elected in the 1986 midterm
election. Several women occupy prominent positions in the
present Government, but none is at the ministerial level.
Women still suffer some discrimination under civil law,
despite considerable progress in recent years. In divorce
matters and in the right of inheritance, the male continues to
enjoy preferential status as head of the household.

CONDITIONS OF LABOR

The labor code prescribes a standard work week of 40 hours
with paid annual vacations. Ecuador enforces a minimum wage
law. Employment of minors under the age of 18 requires
parental permission. This regulation is generally observed in
larger enterprises; however, a large percentage of rural
children are part of the active work force.

The labor code mandates safe and healthy working conditions
and holds employers responsible for maintaining such
conditions. The autonomous Social Security Institute monitors
complaints concerning working conditions and has legal power
to enforce compliance.

488

U.S.0VERSc4i -L?V|7 i ;n :-R4NTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

CUJIURY: E:UiDOf

19Si

19S;

19S6

I. e:on.

LU
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
?AY.
TITLE
E.REL
^OL.R
C.OTHE
LO
GR

ASSIST. -TOTAL . .

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ., .

FOR PEACE

ANS

ANTS .. .

I-TOTAL

. Id S-LOANS

IN FOR. CURR.....

II-TOTAL

lEF. EC.OEV S WFP.

ELIEF AGENCY

R eCON. ASSIST...

AMS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

S. CREDIT FINANCING.,
C.INTL MIL.ED.TRN5. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

2S.9

51.9

53.9

14.0

21.3

10.6

U.9

50.6

43.3

22.6

33.2

49.8

14.0

7.0

10.6

8.6

26.2

39.2

0.0

4.4

20.2

2.7

14.9

0.0

14.3

0.0

2.7

0.6

0.0

14.3

0.0

14.3

0.0

2.7

0.6

0.0

1.5

0.0

1.2

0.6

0.0

3.6

3.S

4.1

0.0

3.6

3.8

4.1

3.4

2.8

0.1

0.4

1.3

0-.1

0.0

6.7

4.5

6.0

4.0

3.8

0.7

2.7

0.7

0.0

2.0

0.0

6.0

4.0

3.8

0.7

0.0

35.6

53.6

53.4

20.0

25.3

14.4

15.6

33.3

44.0

OTHER US LOANS. ..,
EX-IM BANX LOANS.
ALL OTHER

1.5

0.0
1.5

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL ,

117.8

237.8

253.5

2547.1

I3RD

0.0

3.0

253.5

964.1

if:

0.1

0.0

48.2

IDA

3.0

0.0

3 6,. 5

103

117.7

279.0

0.0

1441.4

AD3

0.0

AFD3

3.0

0.0

UNDP

0.0

0.8

0.0

46.5

OTHER-UN

0.0

10.4

EEC

0.0

489

EL SALVADOR

El Salvador is a recently established and developing democracy.
The Constitution of 1983 was written by an elected assembly;
the President, Legislative Assembly, and mayors were chosen in
elections which were pronounced open and fair by observers from
some 40 countries.

The economy is mixed. Banking and marketing of major export
crops are nationalized, and the price of food grains is
subsidized. The agrarian reform program begun in 1980
continues. The national currency was devalued, and an economic
stabilization program was instituted in January 1986 in
response to economic problems caused in great part by guerrilla
war and sabotage. These problems were exacerbated by a major
earthquake on October 10. Mainly affecting the capital area,
it killed over 1,000 people, left 300,000 homeless, and heavily
damaged or destroyed many hospitals, schools, and government
and commercial buildings.

For 7 years. El Salvador has fought a Marxist insurgency
supported by the Soviet Union and Cuba through Nicaragua.
The Farabundo Marti National Liberation Front (FMLN), whose
numbers have been halved to under 6,000 combatants, has
increasingly resorted to indiscriminate use of land mines,
machine-gunning and burning of vehicles on the nation's roads,
and generalized economic sabotage. The conflict is a major
cause of the displacement of approximately 400,000 Salvadorans
from their homes. As the Government has been able to restore
its authority in contested areas, some of the displaced are
returning home.

Despite the internal conflict and the resulting state of
emergency which nominally restricts a number of civil
liberties, the rights of free speech, press, association, and
assembly are respected by the Government. A military court
system separate from civil courts handles cases related to the
insurgency. Due to a large backlog of cases, prolonged
incarceration before trial is common to both civil and
military systems.

The conduct of the military and security forces has improved
steadily. The Government does not condone abuses and is
actively seeking to inculcate respect for human rights at all
levels of the military. The Government's Human Rights
Commission has expanded its role in improving respect for
human rights. Credible accusations of abuses and of
indiscriminate bombing were sharply reduced in 1986.
Investigation of guerrilla claims of indiscriminate bombings
proved them false. The number of politically motivated
killings continued to decline, and the bulk of such killings
appeared to be committed by FMLN guerrillas.

The infamous death squads, which used to advertise their
murders, made no claims of any killings during 1986, and there
was no indication they are still operating. Some unexplained
deaths may still be the work of extreme rightist elements, but
there is no evidence that the Government is linked to or
condones these killings.

To overcome serious weaknesses in the judicial system, the
Government has launched a comprehensive reform to revamp court
procedures, update laws, improve the investigative capacity and
training of judges, and protect witnesses and court personnel
from intimidation. The arrests in 1986 of police and military

490

EL SALVADOR

personnel for crimes and human rights abuses are steps toward
equality before the law for all Salvadoran citizens.

A third round of dialog to end the war was proposed by
President Duarte and scheduled for September, but the
guerrillas failed to attend after unilaterally imposing
conditions the Government felt were unacceptable. The
Government continues to seek productive discussions with the
FMLN. In his October 1986 report, the United Nations Special
Rapporteur for Human Rights stated that dialog "should not be
converted into a means of gaining tactical political
advantages, but should be considered as a means of obtaining
peace, or, at a minimum, humanization of the conflict."

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Most apparent political killings in 1986 were attributable to
guerrilla insurgents. The number of deaths reported in the
Salvadoran press which appeared to be politically motivated
averaged 21 per month through October; this compares with a
monthly average of 28 in 1985, 64 in 1984, and 140 in 1983.

The 206 deaths ascribed to political motives during the first
10 months of 1986, as taken from the local press and other
sources, may be classified as follows: perpetrated by the
guerrillas, 57; possibly by the guerrillas, 70; possibly by
the extreme right, 7; by unknown assailants, 37. An
additional 6 were killed by civil defense members, and 12
others died as a result of abuse of authority. Seventeen
civilians killed in military action by both sides are included
in the 1986 toll. Of the killings attributed to the FMLN,
most victims were rural residents who refused to collaborate
with the guerrillas or were suspected of being government
informers. Other victims were drivers or passengers of
vehicles machine-gunned by the guerrillas during one of the
seven "traffic bans" declared by the FMLN in the course of the
year .

The methodology for collection and classification of
information on political murders necessarily is inexact, and
these numbers can only be interpreted as indicative of trends.
Common criminal deaths, for example, are easily disguised as
political killings by perpetrators wishing to confound
investigators; political motivation in other murders may go
undetected, causing them to be classified as common crimes.

The primary cause of death and maiming outside combat is the
intensified use of pressure-detonated land mines and booby
traps by the guerrillas. Planted around farm roads and paths,
guerrilla-downed electric poles, under railroad tracks, near
water sources, in farmlands, and on coffee plantations to
impede the harvest, these "revolutionary mines" (as the
guerrillas call them on their clandestine radio stations)
killed some 31 civilians in 1984, 55 in 1985, and 53 in the
first 7 months of 1986. From January through July of 1986,
172 civilians, many of them children, lost limbs to guerrilla
mines. Hundreds more were seriously injured. The Catholic
Archbishop of El Salvador has expressed grave concern over the
number of civilians now being killed or wounded by mine
warfare.

491

EL SALVADOR

The Government continued to reduce abuses of authority by the
military and police forces. Human rights form part of police
recruit training and officers' classes; the governmental Human
Rights Commission (CDH), the International Committee of the
Red Cross (ICRC), and Catholic clergy give lectures and courses
on human rights to the police, military, and civil defense
personnel; the entire National Police force attended a 2-day
intensive training course on human rights in late 1986. The
National Guard and Treasury Police are scheduled to take the
same course in early 1987. The Government's Normal Operating
Procedures (PON) require humane treatment of prisoners by the
police and the military; these ground rules are a fundamental
part of training and are enforced: 126 members of the armed
and security forces were expelled from service and handed over
to the civilian courts between September 1985 and June 1986 for
violations of laws and regulations.

Occasional noncombat killings attributed to members of the
armed or security services are a continuing concern. A civil
defense commander and three of his men were arrested for the
January murders of three brothers in the capital, San Salvador.
In the same month, the Arce Battalion was accused of executing
the former mayor of Nueva Esparta; the unit reported that he
rode into a predawn ambush. Common crime is a problem within
the military, and several officers are fugitives with warrants
against them for kidnaping.

A number of anonymous death threats were publicized. The
Archdiocese of San Salvador received a telephoned threat
against several of its employees in June, and a Lutheran
minister received similar threats in May, following public
accusations by guerrilla defectors that churchworkers were
diverting humanitarian aid to the guerrillas. The Government
denounced these reported threats. At midyear, students and
faculty members of the National University of El Salvador
reported anonymous threats; the rector attributed the reports
to infighting among leftist groups on campus. No one claimed
responsibility, and no one attributed the threats to a specific
group. Leaders of the Popular Democratic Unity (UPD) labor
group reported death threats following the announcement of
their withdrawal from the FMLN labor front, the National Union
of Salvadoran Workers (UNTS) .

Death squads which formerly publicized their murders did not
publish threats or claim responsibility for any killing during
1986, and there is no indication they are still operating.
Tutela Legal, the Catholic Church's legal aid and human rights
office, attributed 42 killings to death squads in 1986, as
compared with 136 in 1985. Tutela Legal frequently classifies
as "death squad killings" murders that other observers view as
criminal in nature, rather than political, and occasionally
gives no reason for attributing a murder to death squads.

Congressional hearings in May addressed allegations that the
Salvadoran air force engages in "indiscriminate bombing."
These allegations proved to be unfounded. The charges
themselves appear to be part of the FMLN's strategy to
manipulate human rights issues and organizations for tactical
military and political purposes. In one case, the Catholic
Archbishop reported receiving a letter from the village of San
Jose Las Flores, Chalatenango Department, claiming that a
civilian was killed by aerial bombing on October 10. An
onsite investigation showed that the village had not been
bombed. Elsewhere, on at least two occasions, the air force
acknowledged accidently wounding civilians in an aerial attack.

492

EL SALVADOR

The air force has refrained from attacking guerrilla
concentrations and installations due to the proximity of
civilians .

b. Disappearance

According to press reports, 145 civilians disappeared between
January and October 1986, including nonpolitical disappearances
such as lost or runaway children aged 10 or over. There have
been repeated instances of kidnaping of children, apparently
for sale to adoptive parents abroad. During the same period,
the press reported 98 persons abducted by the guerrillas and
103 abducted by unknown assailants. The assailants were
frequently described as "heavily armed men in civilian
clothing;" on other occasions, especially in the countryside,
the perpetrators were believed to be guerrillas.

Many persons reported missing were found to have been legally
arrested and duly entered in a security force's register of
detained persons. Government policy forbids unacknowledged
detention by security or armed services, and it seldom occurs.
In one case, however, a guerrilla defector was not properly
registered. In this instance. Nelson Guerra, a member of the
People's Revolutionary Army (ERP), was arrested by the Second
Brigade in Santa Ana in January and defected to the Government.
His detention and subsequent defection were not acknowledged
until May, when he appeared on television. Some persons who
desert their families, emigrate, or join guerrilla ranks, are
also reported as missing. There have been occasional credible
reports of persons taken away by men thought to be members of
the army or security forces, although positive proof has not
been available.

In March and April, the National Police arrested three suspects
in a major kidnaping-for-ransom ring and issued arrest orders
for six others. Accused members of the ring had previously
been identified with right-wing death squads, and some of the
accused were implicated in other human rights cases now before
the courts. Other purely criminal kidnapings for ransom
received little public notice because the families and the
victims were directed by the kidnapers not to involve the
police.

The FMLN engages in kidnaping for a variety of motives: for
ransom; as a form of recruitment of new combatants, including
children as young as 10 years of age; to obtain workers to grow
and cook food, obtain supplies, transport smuggled war
material, and perform other tasks. Col. Omar Napoleon Avalos,
the Director of Civil Aviation, was kidnaped by the FMLN in
October 1985 and is still being held. The ICRC has been denied
regular access to Colonel Avalos. The guerrillas have at
different times demanded the release of varying numbers of
detained guerrillas and collaborators held by the Government
in return for his release.

As part of the October 1985 agreement freeing President
Duarte's daughter and 23 mayors who had been kidnaped by the
FMLN, the guerrillas agreed not to kidnap relatives of
government and military officials in return for the
government's pledge not to detain family members of
guerrillas. In February the FMLN repudiated the agreement,
citing government "kidnaping" of several people; some of those
indentified had been arrested and charged with membership in
the FMLN, as was the case of defector Nelson Guerra. The
others were never reported missing to any human rights

493

EL SALVADOR

organization inside the country. The FMLN declared itself
ready to resume kidnaping noncombatants for political purposes,
but has not done so to date.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In accordance with arrest regulations, the Salvadoran security
forces register detainees and have them examined by a doctor
or nurse upon entry into police facilities. They are required
promptly to notify the family of the detainee, Tutela Legal,
the CDH, and the ICRC of the arrest. The notification
procedures, together with the official prohibition on
mistreatment of prisoners, have reduced the claims of torture
by government forces. Detainees suspected of subversive or
terrorist activity are permitted private interviews by the CDH,
ICRC, and Tutela Legal after a maximum of 8 days in custody.
Persons suspected of common crimes must be freed or turned
over to the courts within 3 days.

While the number and severity of reported cases of torture have
declined, allegations of abuse by the arresting forces
continue. Most allegations involve abuses that leave no marks
and so are extremely difficult to prove or disprove:
deprivation of food and sleep, threats against the detainee or
his family, prolonged interrogation while blindfolded, being
forced to stand for long periods of time, forced exercise, and
blows to the ears. Some prisoners claim to have been forced
to sign confessions without being permitted to read them.
Isolated instances of severe beatings, rape, choking, electric
shock, and near-suffocation with a plastic bag over the head
were reported. When a complaint of mistreatment appears valid,
the CDH reports the incident to the commander of the unit
responsible and to the Ministry of Defense. Physical
mistreatment is not systematically practiced nor condoned by
government authorities. The ICRC reports claims of abuse to
the unit commander and the Office of the President.

There were no known complaints of torture occurring in the
penitentiaries in 1986. Punishment cells are reportedly rarely
used. The food budget is inadequate, some institutions have
insufficient water supplies, and some are severely overcrowded.
Prisoners receive family and conjugal visits and have access
to primary education and religious services. Some
opportunities for gainful employment are available. Inmates
charged with terrorist or subversive activities have their own
internal organization, give political classes, place political
advertisements in the local papers, and hold demonstrations
inside the prisons.

The FMLN claims to respect the physical and psychological
integrity of its captives. However, there are eyewitness
reports of soldiers on leave being pulled off buses and
executed by guerrillas, and of persons kidnaped by guerrillas
who have never reappeared. There have also been credible
reports that guerrillas have tortured suspected government
informers before killing them.

The Government reported that 598 guerrilla combatants and
civilian supporters voluntarily turned themselves in between
January 1 and October 27. Those who did so were interrogated,
and most were turned over to their families or the ICRC; some
suspected of surrendering in order to continue their insurgent
activities in the cities were placed under the jurisdiction of
the courts and sent to prison. Captured guerrillas were

494

EL SALVADOR

likewise imprisoned. Wounded guerrillas were cared for, and
some were later released. Seven wounded guerrilla combatants
and two paramedics attending them were discovered in an
underground shelter in northern Chalatenango Department in
March. The guerrillas were immediately turned over to the
ICRC and, after hospital treatment, were permitted to leave
the country. The paramedics were released to their families.

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides for the suspension of some civil
guarantees in times of emergency. State of emergency
legislation has been renewed monthly by the Legislative
Assembly. Special legislation (Legislative Decree 50)
establishes a system of separate judicial handling of crimes
such as terrorism, sabotage, subversion, and participation in
organized groups attempting to overthrow the Government.
Holding political views opposed to the Government is not a
basis for arrest when violent action is not advocated.

Under the state of emergency, the security forces may make
arrests without a warrant and upon the denunciation of a single
accuser, who can be anonymous. Categoric judgments of which
arrests are justified are not possible; persons often are
released or have charges against them dismissed as a result of
ineffective investigation or a desire to reduce the backlog of
cases in an overcrowded court system.

Under Decree 50, the security forces may hold an arrested
person for up to 15 days for investigation. The person must
either be released or turned over to a military investigative
judge, who in turn must decide within 72 hours v;hether to
continue detention. The judge must inform the person of the
charges against him within 15 days of receiving the case.
Once so informed, the person has the right to legal counsel.
The investigative judge must then decide within 60 days of
receiving the case whether it has merit; if his decision is
affirmative, he sends the case to the military First Instance
(trial) judge. The military judge has 15 days to decide
whether to confirm or revoke the person's detention. Once the
judge raises the case to trial, he must hand down a decision
within 30 days. That decision is reviewed by a military court.
An appeal of the legality of the detention at any point during
this process freezes the timetable until the Supreme Court
decides the appeal. The system is cumbersome, but it mandates
more rapid processing of cases than the legislation in effect
prior to February 1984.

As the insurgency has lost ground militarily and moved to a
strategy of political organizing and infiltration, the number
of prisoners held under Decree 50 has been increasing rapidly.
The number of female prisoners in Ilopango prison under Decree
50 increased from 44 to 76 in 1986, and male prisoners
increased from 462 to 971. Because of the increasing number
of arrests under Decree 50, observance of the time limits at
the investigative level slipped further in 1986. A single,
overburdened first instance judge had accumulated a backlog of
approximately 1,000 Decree 50 cases before two new first
instance judges were appointed in August 1986. They had just
started work when the October 10 earthquake badly damaged the
judicial facilities and brought the whole system to a
standstill. It resumed functioning in November.

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EL SALVADOR

In cases of common crime, the police roust free a suspect or
turn him over to the courts within 72 hours of arrest. The
judge theoretically is constrained by legal time limits on his
investigation, but in practice these limitations are not always
followed. The backlog of cases is one major reason for delay.
The processing of common criminal cases in the capital was also
halted in the wake of the earthquake.

There are no provisions in Salvadoran law for exile or for the
revocation of citizenship.

The Government prohibits forced labor. The guerrillas,
however, have kidnaped peasants and forced them to cook, do
laundry, and perform other tasks, as well as to become
combatants .

Clear evidence emerged in 1986 of use by the FMLN of children
under the age of 15 in combat. Following one military
operation, the Government rescued children, one of whom was
14 years old and had been fighting with the FMLN for 4 years.
Other information emerged about the existence of units composed
of children receiving military training for integration into
combat units. Still other credible reports were received of
children being kidnaped for forced recruitment into the FMLN
and of their use as couriers and spotters, practices clearly
contrary to Geneva Convention prohibitions against the
recruiting of children into armed groups or their
participation in hostilities.

e. Denial of Fair Public Trial

Decree 50 offenses are tried by the judge in his office,
without spectators. Common crimes in El Salvador are tried
publicly with a five-person jury. Low response to calls for
jury duty, absences of attorneys, and the general inefficiency
of the judicial system often cause long delays; people are
usually incarcerated for 6 to 18 months between the placing of
charges and coming to trial. Even longer waits are common.
About 9 percent of the people in prison are serving sentences:
the rest are awaiting adjudication of their cases. Bail is
available for some offenses but is little used. When cases do
come to trial, the charges are frequently dismissed, often due
to the poor investigative capacity of the police and judges.
Over the past 10 years, the overall conviction rate has never
exceeded 20 percent.

Aside from the lack of resources to carry out their duties,
both judges and juries are subject to bribery and intimidation.
A Judicial Protection Unit (JPU) to provide security for
witnesses, juries, and court personnel in ?;ensitive cases was
activated briefly for the 1984 trial of the murderers of four
U.S. churchwomen, but the prison guards who formed it returned
to their regular duties after the trial. The concept is being
revised, and there are plans to recreate the unit as a
permanent organization.

The Government has embarked upon a judicial reform program
with four major components: reestablishment of the JPU; the
judicial Revisory Commission; the Commission for
Investigations; and judicial training and administration. The
Revisory Commission is reviewing the penal code in order to
recommend changes to bring it into line with the Constitution.
It is also working over the longer term to overhaul and update
the entire system of laws and procedures in order to produce a
modern and efficient judicial system. The Revisory Commission

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EL SALVADOR

is drafting a package of revisions to the law which it plans
to submit to the legislature early in 1987. The Commission
for Investigations is operational and includes a special unit
which has received forensic investigative training and is
investigating a number of highly publicized cases. Among these
is the Armenia well case, into which the local civil defense
unit is alleged to have thrown the bodies of its victims
between 1980 and 1982. The unit excavated the well in May,
found the remains of four persons, and made arrests in the
case in September .

The judicial administration and training program has already
sent judges and prosecutors to other countries in the region
for conferences and 2- to 4-week courses in criminal
jurisprudence. The program, which includes construction of
physical plant as well as the training of judges, was
seriously disrupted by the October 10 earthquake.

The Salvadoran judiciary is independent of the rest of the
government. Supreme Court justices and the Attorney General
are chosen by the Legislative Assembly after nomination by
political parties. The judicial branch determines its own
budget, which must be approved by the legislature. Judicial
authority historically has not extended to the military.
Although low ranking military and police are discharged and
turned over to the civilian courts for trial of criminal
offenses, in practice the officers of the armed and security
forces are treated differently from other citizens before the
law. Judges are frequently reluctant to bring charges against
them, and colleagues often cannot be relied upon to cooperate
in the prosecution of crimes imputed to a fellow officer.
Also, real or perceived intimidation of judges and juries by
members of the armed forces occasionally will overcome the
prosecutorial efforts of the Attorney General's office.

No military officer has been convicted of human rights
violations in recent years. Nevertheless, in the course of
the investigation of. the kidnaping ring early in 1986, the
police arrested an active duty army major and a former
lieutenant of the National Guard, and issued arrest warrants
for six other men including an army lieutenant colonel and a
lieutenant, who fled the country. The case is before a
military judge. In December 1986, the courts reopened the
case against an army captain suspected of participating in the
1981 murders of the president of the Salvadoran Land Reform
Institute and two American land reform advisers.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government does not arbitrarily interfere in the personal
lives of citizens except in matters it considers related to
the armed conflict. Both the Government and the guerrillas
use networks of informers. The Government runs antiterrorist
advertisements urging the people to report guerrilla activity,
and the police rely on informers in criminal cases and
investigations of subversion. The security forces use forced
entry to carry out arrests and investigations and need no
warrant to do so. The constitutional provision protecting the
inviolability of correspondence is suspended under the state
of emergency. Postal officials have the legal authority to
inspect correspondence, but there is no government policy to
do so, and it is not believed to be a frequent occurrence.

497

EL SALVADOR

Government troops have removed civilians when considered
necessary for their own security or because of the requirements
of a military operation. These civilians were reunited with
their families in nonconf lictive areas; the others were turned
over to the ICRC or the Catholic Church or were sent to
displaced persons camps. During a major military operation
which started in January, the military removed some 500
civilians from the guerrilla stronghold on Guazapa Volcano.
All feasible measures were taken to ensure the shelter,
hygiene, health care, safety, and nutrition of the displaced
population. Similar removals of smaller numbers of civilians
occurred elsewhere in the country during 1986. In August, for
example, 81 civilians moved onto land not belonging to them in
San Vicente Department. They were removed by the army and
later accepted in a church-run displaced persons camp.

The FMLN and others claimed that these displacements
constituted human rights violations. The Government maintained
that they were necessary because of both security and human
rights considerations. The Government maintains that such
displacements have reduced civilian casualties, are a
legitimate means of protecting civilians, and are in conformity
with international law and the Geneva Conventions.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The power to restrict freedom of speech and the press under
state of emergency decrees was ended in May and has not been
reinstated. Prior to that, there was at least one case in
which books being shipped into the country were stopped in
customs. Self-censorship growing out of fear of violent
reprisal from political extremists is the primary constraint
on free expression in El Salvador.

The leading daily newspapers in the capital are conservative,
and they vigorously criticize the Government. Paid advertising
by government agencies in one of the papers was reduced. The
views of the radical left continue to be expressed in a variety
of journals, periodicals, newsletters, bulletins, and paid
advertisements in the daily press.

Radio news covers a wider variety of stories than the printed
media and is more broadly diffused in Salvadoran society than
news from the papers or television. Insurgent leaders are
interviewed on local radio programs and commercial stations
frequently repeat reports broadcast by clandestine guerrilla
radio stations.

The Government owns no newspapers, although the recent change
in ownership of one daily is widely attributed to purchase by
interests of the governing Christian Democratic Party. The
Government owns one radio station and two television stations.
There are four privately owned television stations. The
Salvadoran Army operates one radio station.

A 7-year-old decree forbidding publication of anonymous
communiques remains in effect and is largely observed by the
media. When it has been violated, the Government has taken no
action against the reporting media.

Academic freedom is guaranteed by the Constitution and is
broadly interpreted by university authorities to mean that
local police have no authority on campus. In 1986 there were

498

EL SALVADOR

isolated instances of armed forces entry on university grounds,
but most appeared to be the inadvertent result of hot pursuit
of criminals. Since the reopening of the main campus of the
National University in 1984, the university has sponsored major
antigovernment political conferences and many protest marches
without interference. Students are not arrested because of
academic or free speech issues; a small number, however, were
detained on unrelated charges of subversion.

b. Freedom of Peaceful Assembly and Association

Any association not formed for criminal purposes is legal in
El Salvador. Political, professional, religious, labor, and
social organizations operate openly and freely. Various groups
criticize the Government from both the left and the right,
holding marches and demonstrations without interference from
the Government. The Government was severely criticized from
abroad for the May arrests of 10 members of the nongovernmental
Human Rights Commission (CDHES) and the Committee of Mothers
(Co-Madres). The Government claimed they were arrested on
suspicion of membership in guerrilla groups. Within days of
their arrest, 3 of the 10 confessed to membership in the
National Resistance (RN), the political arm of the Armed Forces
of National Resistance (FARN), one of the 5 constituent groups
of the FMLN. They publicly detailed the manner in which the
CDHES and the Co-Madres were infiltrated and manipulated by
the FMLN. The other arrested members of the two groups were
charged with membership in various guerrilla organizations and
were incarcerated. One of them, Maria Teresa Tula de Canales,
was released by President Duarte in September as a goodwill
gesture.

The Constitution guarantees the right of private sector and
autonomous public institution employees to organize unions,
bargain collectively, and strike. Government employees of
nonautonomous public institutions are prohibited by the
Constitution from forming unions and striking, but most of
these employees are represented by associations which, in
fact, act as unions by bargaining collectively and calling
work stoppages. Salvadoran unions draw up their own statutes
and elect their own officers. The Government has not acted
upon a proposal which would extend collective bargaining
rights to peasant organizations.

The labor code requires that labor disputes go through stages
of direct bargaining, conciliation, and arbitration before a
strike or lockout can be declared. The law states that strikes
may be called only to demand the implementation or review of
the collective bargaining agreement, or in the defense of the
common interests of the workers. Fifty-one percent of the
workers must agree before a strike is called. Unions often
ignore these requirements, and many strikes are declared
illegal. The Labor Ministry oversees the implementation of
collective bargaining agreements and serves as conciliator in
labor disputes in the private sector and in autonomous
institutions. The Ministry reported that between June 1985
and May 1986, it participated directly in 553 labor -management
conflicts, including 54 strikes.

Unions may join national and international federations. Some
unions are affiliated with the World Federation of Labor;
others are affiliated with the Communist-dominated World
Federation of Trade Unions.

499

EL SALVADOR

Labor unions participated in numerous marches and
demonstrations, both for and against the Government throughout
1986, often in cooperation with other nongovernmental
organizations .

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and is
respected in practice. Although the country is predominantly
Roman Catholic, an estimated 20 percent of the population
subscribe to other faiths, mainly Protestant. Foreign and
Salvadoran missionaries operate freely and without harassment.
Church members and employees, both Catholic and Protestant,
have on occasion been arrested, but these arrests were
unrelated to the individual's religious beliefs or activities.

The Catholic Church continues to be one of the most influential
institutions in the country. The Archbishop's Sunday homily is
broadcast live from the Metropolitan Cathedral on one of the
Government's television stations and on radio. Church
publications disseminate the Church's position on human rights
and the war. Church statements have become increasingly
critical of the leftist insurgency, but the Church has not
hesitated to criticize the Government.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Although the state of emergency decree formally suspends the
constitutional right to free movement, this suspension is not
strictly enforced. Local military commanders have denied
entry for short periods of time to areas where military
operations are under way, and require that foreign visitors
receive permission from the Armed Forces Chief of Staff's
office before entering combat zones. The Government has
deported some foreigners who failed or refused to seek
permission before entering areas of frec[uent military clashes.

An estimated 400,000 people (down from a previous level of
500,000) are displaced within El Salvador by the conflict,
primarily from the northern and eastern zones. As the level
of violence falls, an increasing number of refugees are
returning from abroad. More than 4,000 have returned from
other Central American countries during the past 4 years,
according to the U.N. High Commissioner for Refugees. Even
larger numbers of internally displaced persons appear to be
moving back to their homes with government assistance.
Eastern departmental commanders reported that former residents
who had gone to live in the capital returned to their homes in
the countryside by the hundreds after the October 10 earthquake
destroyed squatter communities in San Salvador. The
Intergovernmental Committee for Migration (ICM) reports no
government harassment of individuals returning to El Salvador
from abroad, either from the United States or elsewhere. The
Government imposes no control on emigration and cooperates
with international organizations that arrange Salvadorans'
emigration to other countries.

Land transportation has been limited by traffic stoppages
declared by the guerrillas and enforced with roadblocks, land
mines, and attacks on vehicles moving during the stoppages.
The guerrillas declared seven such stoppages in the course of
the year. The last occurred from December 8 to 14, when
guerrillas machine-gunned a passenger bus, killing 2 civilians
and wounding II; machine-gunned another smaller bus, killing

500

EL SALVADOR

1 civiiian and wounding 2; and wounded 6 civilians in a
similar attack on another bus. The total for the week was 4
civilians killed and 34 wounded, one of the highest tolls in a
traffic stoppage in 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

El Salvador is a representative democracy. The President's
Christian Democratic Party (PDC) enjoys a 33-seat majority in
the 60-member Legislative Assembly elected March 31, 1985, but
there is vigorous debate among the 5 parties represented in
the Assembly; opposition members are represented on all
committees. Legislators are elected for 3-year terms.

In preparation for the 1988 legislative/municipal elections
and the 1989 presidential election, the Central Elections
Council (CCE) is creating a new voter registry with safeguards
against fraud. The CCE, composed of one representative of each
of the three major parties — the PDC, the National Republican
Alliance (ARENA), and the National Conciliation Party (PCN) —
is also drafting a streamlined electoral law to present to the
Assembly.

The Constitution allows the participation in the electoral
process of all political parties that do not advocate armed
opposition to the Government, and the right to membership in
any legally recognized party is guaranteed. Although the
National Revolutionary Movement (MNR) is a member of the
insurgent Democratic Revolutionary Front (FDR) allied with the
FMLN, the MNR remains a legally recognized party. The Popular
Social Christian Movement, though never inscribed as a legal
party, has resumed political activity inside El Salvador.

In 1986 the Social Democrats sought inscription as a party but
did not present the required 3,000 signatures on its
inscription petitions. The conservative Patria Libre party,
representing elements formerly incorporated in the ARENA
party, presented more than the required number of signatures,
but two of the three CCE commissioners blocked a vote on the
party's inscription for months. After a change in the law to
require a rapid decision on applications for inscription, the
CCE advised Patria Libre (since renamed Partido Liberacion) in
December that it would be inscribed.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government continues to be receptive to visiting groups
interested in human rights. High-ranking governnient officials
and military officers have briefed and been interviewed by
U.S. congressmen, church and labor groups, and others. The
Inter-American Human Rights Commission of the Organization of
American States sent an investigative group in August which met
with government representatives, including President Duarte.
Americas Watch maintains an office and a part-time
representative in San Salvador. The ICRC and local and foreign
human rights groups regularly visit prison inmates.

The U.N. Special Rapporteur on Human Rights in El Salvador
made his sixth annual visit to the country from September 21
to 27. He met with government representatives, including
President Duarte and the military high command; visited prison
inmates; made an onsite investigation of the condition of a

501

EL SALVADOR

group of displaced persons in Zacatelocula; spoke with
representatives of the Catholic Church and official and
nonofficial human rights organizations; and personally
interviewed 22 persons put forward by the Catholic Church and
the guerrilla-affiliated human rights groups.

Domestic human rights organizations active in El Salvador
include the governmental Human Rights Commission (CDH), an
agency which investigates complaints of human rights abuse by
the Government and the FMLN, and Tutela Legal, of the Catholic
Archdiocese of San Salvador. The nongovernmental Human Rights
Commission of El Salvador (CDHES) was exposed in 1986 as a
political front of the FMLN. It continues to operate freely,
although individual members charged with guerrilla membership
are imprisoned awaiting trial.

The Government's Human Rights Commission (CDH) receives
testimony from individuals about human rights violations,
conducts investigations, visits arrested persons, and reports
to the local commanding officer and the Ministry of Defense
when it discovers a case of abuse. Its doctors examine
detainees to determine the validity of complaints. The CDH
keeps a register of persons injured by land mine explosions
and acts as liaison for groups wishing to assist amputees with
prosthetic devices. To enhance its accessibility to the
public, the CDH opened two additional field offices in the
departmental capitals of Morazan and Usulutan in August and
September .

Tutela Legal 's staff visits persons detained by the security
forces, carries out some onsite investigations, receives
testimony from individuals about human rights violations, and
uses the press as a major source for its monthly reports. In
his report on the human rights situation in El Salvador, the
U.N. Special Rapporteur questioned Tutela Legal 's methodology,
saying that, where convenient, Tutela Legal counts victims as
civilians even when they may be guerrillas. He said he was
"obliged to point out that part of these (figures) are
combatants and the indication that the majority (of victims)
belong to the civilian population constitutes a presumption,
which the source (Tutela Legal) clearly acknowledges." The
Rapporteur concluded that Tutela Legal 's methodology is based
on presumptions, not facts.

For their reports, the other groups rely on newspapers,
announcements by guerrilla groups, and personal testimony.
According to the statements of former members of the CDHES and
the Co-Madres, these groups fabricate stories of human rights
abuses and attribute the abuses to the Government. A
voluminous CDHES presentation to the U.N. Special Rapporteur,
including statements made to a U.S. lawyer collaborating with
the group, has been circulated in the United States. This
report was dismissed by the Special Rapporteur as lacking
credibility.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Under the Constitution, women enjoy the same legal rights as
men. Women are represented in all three branches of
government, in business, and in the professions. In the armed
forces, women serve as nurses and in administration and
intelligence; the security services have a limited number of
policewomen. In January, as part of a larger economic package,
the Legislative Assembly passed a law requiring equal pay for

502

EL SALVADOR

female and male agricultural workers. A high proportion of
women in the lower economic strata are heads of single parent
households, often providing for large families.

CONDITIONS OF LABOR

The Constitution permits employment of children under 14 years
of age only when their employment is necessary to provide for
their own or their families' subsistence. Children under
age 18 are prohibited from working at night or in dangerous
occupations. In reality, however, teenage and even younger
children work long hours.

The minimum wage applies to persons working at least 5 hours a
day and is equivalent to about US$3 per day. In practice, most
of these workers are paid more than the minimum wage. The law
entitles them to 15 days of annual paid vacation and extra pay
for working at night or for more than 44 hours a week. Persons
working less than 5 hours per day receive a proportion of the
minimum daily wage equivalent to the hours worked. The law
also requires that those paid by piecework or commission
receive a salary at least equivalent to the minimum wage.

The m.inimum wage for farm workers is equivalent to about
US$1.60 per day plus food. Most farm workers receive only the
minimum, but piece rates paid at harvest time net workers
triple or quadruple the minimum wage.

The Government requires that work sites be safe, and that
drinking water, toilets, and adequate ventilation be provided
workers. Industrial enterprises generally meet these
requirements. The Labor Ministry made 28,041 work site
inspections in 1985-86 and issued fines equivalent to US$12,270
to employers who did not meet the law's safety requirements.

503

U.S. OVERSEAS

■LOANS ANO GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: EL SALVADOR

1934

1985

1986

l.ECON
L
G

A. AID

(SE

B. FOO

TITLE

REPA

PAY.

TITLE

c.RE

VOL.

C.OTH

. ASSIST.
OANS. . . . .
RANTS. . ..

■TOTAL..

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

op. ASSIST.) ..,
R PEACE

OTAL

M $-LOANS....,
FOR. CURR. . . . ,

TOTAL

.EC.OEV 5 WFP.
EF AGENCY.. .. ,
CON. ASSIST...

CE CORPS,
COTICS. . .
ER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS ,

A.1AP GRANTS ,

3. CREDIT FINANCI^IG.,
C.INTL MIL.ED.TRNG. ,
0.TRAN-EXCE5S STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

215.9

433.9

263.2

£1.2

70.0

8.0

134.7

363.9

260.2

161 .4

376.1

268.2

32.2

21.0

8.0

129.2

355.1

260.2

120.2

235.0

181.9

54.5

57.8

0.0

49.0

0.0

5.5

3.8

0.0

49.0

0.0

49.0

0.0

0.3

0.0

5.5

3.8

0.0

3.7

7.2

0.0

1.6

0.0

040

3.0

0.0

196.6

136.3

121.8

18.5

10.0

0.0

178.1

126.3

121.8

176.8

124.8

120.4

18.5

13.0

0.0

1.3

1.5

1.4

0.0

3.0

0.0

412.5

570.2

390.0

99.7

80.0

8.0

31 2.3

490.2

382.0

OTHER US LOANS. .. ,
EX-IM SANK LOANS,
ALL OTHER

0.0
0.0
0.3

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

113.2

23.1

0,0

906.9

IBRD

0.0

215.1

IFC

0.0

1.0

lOA

3.0

0.0

25,6

103

114.0

21.0

0.0

634.2

A03

3.0

0.3

0.0

AFD3

0.0

, 0.0

0.0

UNOP

3.9

1.2

0.0

23.8

OTHER-UN

0.3

0.9'

0.0

7.2

EEC

3.0

0.0

66-986 0-87-17

504

GRENADA

Grenada is governed under the parliamentary system inherited
from the British, which was suspended in 1979 by the Marxist
People's Revolutionary Government (PRG) and subsequently
restored after the October 1983 landing by forces of the
United States and the Eastern Caribbean nations. The New
National Party (NNP), which won 14 of 15 parliamentary seats
in the December 1984 election, continues in power. Defections
from the NNP in 1986 led to the formation of a new opposition
party, the Grenada Democratic Labour Congress (GDLC). In
1985, Parliament restored the 1974 Constitution adopted at
independence, and legitimized the court system inherited from
the PRG, which had ruled by decree.

Political and civil rights are fully guaranteed by the
Constitution. The spectrum of political parties ranges from
the moderate NNP, the new GDLC, and the Grenada Democratic
Labour Party, to the Marxist Maurice Bishop Patriotic
Movement, organized by pro-Bishop survivors of the October
1983 coup against Bishop, and the Grenada United Labour Party
of former Prime Minister Sir Eric Gairy.

Since the 1983 fall of the PRG, there has been a healthy
increase in economic growth and a decline in inflation. The
Government continues to follow a policy of providing
individuals greater freedom to pursue economic goals by
eliminating or reducing controls on wages, prices, and foreign
exchange, and encouraging private investment.

Security in Grenada is maintained by the Royal Grenada Police
Force, which includes a 100-man paramilitary Special Service
Unit (SSU) and a 30-man Coast Guard. The United States Army
and Coast Guard provide periodic training for the SSU and the
Coast Guard, respectively.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

b. Disapppearance

There were no reports of politically motivated disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reported incidents of torture in 1986, although
the defendants in the Maurice Bishop murder trial continued to
allege in court that they were tortured during the early days
of their detention. Isolated incidents involving the possible
use of excessive force by the police have occurred. In
January 1986, a young man died while in police custody, and
the question of excessive force never was adequately
explained. Another incident involved the roughing-up in
public of one of the Maurice Bishop murder trial defendants by
police after he reportedly spat in the face of a police
officer. The media reported allegations of police brutality
during a raid on a waterfront ghetto on the eve of President

505

GRENADA

Reagan's February 20 visit. Such problems appear not to be
the result of a deliberate policy or procedure, but rather
reflect inadequate police training or discipline. There were
no other reported incidents in 1986.

d. Arbitrary Arrest, Detention, or Exile

There were no reports of arbitrary arrests. By law, Grenadian
police have the authority to arrest individuals "on suspicion"
without a warrant, but arrests must be accompanied by formal
charges. No one was detained for political reasons.

Those arrested are brought before an independent judiciary and
are allowed access to an attorney of their choice. In capital
cases, the courts appoint counsel when an accused cannot pay
for his or her defense. There is a functioning system of
bail, although those charged with capital offenses are not
eligible.

Grenadian law provides for a judicial determination of the
legality of detention within 15 days after arrest on a
criminal charge. Formal arraignment or release of the
individual arrested must be determined within 60 days. These
time limits were respected during 1986. Persons charged with
offenses can be held on remand only for a specified time while
awaiting trial. This time limit is not always strictly
followed, owing to a limited number of judges and other
judicial officials to process the caseload expeditiously. No
Grenadian citizen was exiled. There were no reports of forced
or compulsory labor.

e. Denial of Fair Public Trial

Grenadians have the legal right to public trials, and the law
is respected in practice. The examination of witnesses in the
Maurice Bishop murder trial began in April 1986, after a
series of delays caused mainly by the defense exercising its
right to file motions and appeals. The defendants' dismissal
of their lawyers soon after the start of the examinations
complicated the proceedings by permitting the defendants to
declare themselves unrepresented by counsel. Nevertheless,
the defendants were given almost unrestricted freedom in the
content and length of their own defense statements, which
lasted from July until October. In December 1986, a jury
convicted 14 of the 18 defendants of murder; they were
sentenced to death by hanging. Three others were convicted of
manslaughter and given 45-year prison sentences, and one was
acquitted. Both the press and the public had free access to
the proceedings.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Neither the Government nor any political organization
interferes arbitrarily in the private lives of citizens. No
forced membership in any organization occurs, and there is no
arbitrary monitoring of communications.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Grenadians enjoy full freedom of speech and press. There are
five weekly newspapers, a fortnightly, and a newsletter
published periodically by a local journalist. Four of the

506

GRENADA

newspapers are affiliated with political parties. Fliers are
occasionally distributed by remnants of the PRG and the New
Jewel Movement. Newspapers freely criticize the Government.

The country's single radio station is government-operated; a
nascent television broadcasting system organized by a
U.S. -based private foundation has brought limited television
service to the nation. The system was developed with the
cooperation of the Government, but its growth has been
hampered by technical and financial constraints. The future
of the television facility remains under discussion between
the foundation and the Government.

b. Freedom of Peaceful Assembly and Association

Grenadians enjoy the right to assemble for any purpose,
including the public protest of policies or actions of the
Government. Supporters of political parties, including those
in power prior to October 1983, meet frequently and hold
public rallies. There are no controls on private or public
meetings .

Workers are free to organize independent labor unions and to
bargain collectively, and union leaders play a significant
role in Grenadian political life. Public sector workers are
permitted to strike legally upon advance notification. In
1986 all unions were free of government control, and none
received government support. Individual trade unionists must
separate their political involvement from their union
activities. Grenada's Trade Union Congress is a member of the
Caribbean Congress of Labour, affiliated with the
International Confederation of Free Trade Unions.

c. Freedom of Religion

Roman Catholicism and Anglicanism predominate, but there are
many Presbyterians, Methodists and other Protestants. In
addition, a small Baha ' i community exists in Grenada, and an
Islamic Center serves the Muslim community. Grenadians enjoy
complete religious freedom, which extends to non- Christians
such as Rastaf arians , who were harassed under the PRG regime.
Clergy and missionaries travel and preach freely. Adherence
to a particular religious denomination appears to confer no
special advantages or disadvantages in Grenada, although
Christian prayers and hymns form part of many governmental and
political meetings.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Grenadians may move freely within Grenada and, in principle,
the right to enter and leave the country is guaranteed to all
Grenadian citizens. Nevertheless, an "Act to Restrict
the Freedom of Movement of Certain Persons" became law in
March 1986. The Act allows the minister responsible for
national security to restrict the travel out of Grenada of
"any person whose aims, tendencies, or objectives include the
overthrow of the democratic and parliamentary system of
government." The law was enacted after the Grenadian Appeals
Court sustained a government action witholding the passport of
a former member of the PRG who sought to leave the country in
1985. The legislation allows persons affected to appeal after
3 months Xo a three-man tribunal. There were no reports of
this law being applied to restrict travel in 1986. No
"repatriates" were returned forcibly to Grenada in 1986, ntir
were any cases reported of refugees seeking safehaven in

507

GRENADA

Grenada. (The Baha ' i community includes Iranians who left
their homeland to escape persecution.) The Government has
allowed students and others to return from Cuba and other
Communist bloc countries.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Constitution guarantees free and fair elections at least
every 5 years. The majority party in Grenada's current
Parliament is the NNP led by Prime Minister Herbert Blaize.
Formed by three parties in 1984, the NNP won overwhelmingly in
an election in which 85 percent of the voters cast ballots.
In 1986 the NNP ' s parliamentary majority was reduced to 12 of
the 15 seats after 2 members resigned over differences within
the party. Local government elections promised by the NNP
during the 1984 campaign remain a topic of public debate but
have yet to be conducted. Other political parties actively
assert their views in public and seek support from the
Grenadian electorate.

The political system is not dominated by any particular ethnic
group, nor are there any restrictions which limit
participation to any part of Grenada's population.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has welcomed visits by several human rights
organizations in the past, although there were no such visits
in 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination is officially prohibited and there is none in
health care or education. There have been isolated
complaints, however, of unofficial job discrimination against
Guyanese resident in Grenada.

Women frequently earn less than men performing the same work
and tend to occupy jobs which pay less. Wage differences are
less prevalent for more highly paid jobs, but there are fewer
women in such positions. A notable exception is the Civil
Service, where women hold a number of positions of
responsibility.

CONDITIONS OF LABOR

Grenada lacks legislation effectively regulating work hours,
wages, and occupational safety and health standards. Normal
work hours, however, rarely exceed 40 hours per week. Minors
often work in family-run shops and farms, but employment of
children under 16 in Grenada's relatively small industrial
sector is prohibited by law.

508

U.S. OVERSEAS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRr: GRENADA

1934

1935

1986

I.ECON. ASSIST. -TOTAL. . ,

LOANS ,

GRANTS ,

A. AID ,

LOANS ,

GRANTS ,

(SEC. SU?P. ASSIST.) ...

3. FOOD FOR PEACE. ,

LOANS

GRANTS

TITLE I-TOTAL ,

REPAY. IN $-LOANS....,

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV ? WFP,

VOL. RELIEF AGENCY

C.OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

I1.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS. .......

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG. ,
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS......

III. TOTAL ECON. 8 MIL,

LOANS ,

GRANTS

48.4

11.3

0.0

3.0

0.0

48.4

11 .3

0.0

48.4

11.3

0.0

0,0

0.0

43.4

11.3

0.0

47.0

11.1

0.0

0.1

0.0

0.1

0.0

0.3

0.0

0.1

0.0

48.5

11.4

0.0

■ 0.0

0.0

43.5

11.4

0.0

OTHER us LOAN';..

1,
0,
1,

.0
.0
.0

0.
0,
0,

.0
.0
.0

0.
0.
0.

EX-IM BANK
ALL OTHER.

LOANS

,0
,0

ASSISTANCE

FROM

INTERNATIONAL
1984 1935

AGENCIES
1936

1946-

-86

TOTAL

3.0

5.1

6.0

11.1

I3RD

0.0

IFC

0.0

6.0

IDA

3.0

5.0

0.0

5.0

103

0.0

AOB

0.0

AFOa

0.0

. 0.0

0.0

UNDP

3.0

0.1

0.0

0.1

OTHER-UN

0.0

EEC

0.0

509

GUATEMALA

In 1986 Guatemala completed an orderly and open transition
from a military regime to a democratically elected, civilian
government. On January 14, the President, 100 deputies, and
330 mayors chosen in the 1985 general and presidential runoff
elections took office, the first civilian government to assume
power in Guatemala since 1966.

The new government, headed by President Marco Vinicio Cerezo
Arevalo, inherited a deeply divided country which for more
than 20 years has suffered a Marxist-led guerrilla insurgency
as well as political violence carried out by rightist death
squads and government security forces. This situation is
complicated by ethnic differences separating the Ladino and
indigenous populations. The 23 different Indian dialect
groups, which make up 50 percent of Guatemala's population,
have historically lived on the margins of national life.
Successfully organized by insurgents in the late 1970 's,
Indian participation in the insurgency gave the guerrillas the
armed force and strategic position necessary to challenge the
Guatemalan military. The resulting insurgency in the
highlands was notable for its ferocity. Although both sides
contributed to the carnage, reports of brutality and massacres
committed by government security forces resulted in Guatemala
being condemned and isolated by the international community.

The Cerezo Government also inherited an economy struggling to
recover from the ravages of a severe recession. Primarily an
agricultural country, Guatemala is characterized by a badly
skewed distribution of land and capital. The social tensions
generated by such economic inequalities have been exacerbated
by inflation and lack of employment. Although the Government
embarked on a small public works program in 1986, its ability
to respond adequately to social needs is curbed by limited
resources .

Upon coming to power, the new Government announced that ending
political violence and establishing the rule of law would be
its top priorities. To that end. President Cerezo undertook a
reorganization of the security forces and disbanded the
Department of Technical Investigations, the plainclothes arm
of the national police widely acknowledged to have engaged in
extortion, robbery, and political kidnapings and
assassinations. A new Supreme Court also embarked on a series
of reforms designed to end corruption and improve the
efficiency of the legal system. New laws are designed to give
citizens legal recourse when they believe their rights
threatened by the authorities. The Congress, in accordance
with the Constitution, has established a Human Rights
Committee. It recently approved legislation covering the
duties of a human rights ombudsman.

In 1986 political killings and kidnapings dropped to the
lowest level in this decade. Human rights groups blame the
security forces for the abuses that remain, but they have not
produced evidence linking the new Government to these crimes.
In 1986 the United Nations rescinded the mandate of its
Special Rapporteur for Guatemala, noting the return to
civilian government and the Government's commitment to end
political violence.

The decline in political violence has helped focus attention
on the issue of accounting for past human rights abuses.
Amnesty, available to insurgents since 1982, was expanded by
decree by the outgoing military government to include anyone

510

GUATEMALA

guilty of common crimes committed with political motivation.
This applies to members of the security forces guilty of
kidnaping and assassination. The Mutual Support Group (GAM),
an organization of relatives of disappeared persons, has
called on the Government to rescind the decree and set up a
special presidential commission to investigate past abuses.
President Cerezo told GAM members that only the judiciary is
constitutionally competent to conduct such an investigation.
He has urged GAM to bring charges in the courts against
alleged violators of human rights, something which GAM so far
has refused to do. This impasse has bred ill will between the
Government and GAM and has contributed to the politicization
of human rights issues in Guatemala.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Although criminal violence continued to be a serious problem
in 1986, the number of murder cases in which a political
motive cannot be ruled out declined significantly. Killings
of civilian noncombatants with possible political implications
declined for the fourth year in a row, dropping to 131 in
1986, the lowest figure in this decade; the 1986 total
compares with 280 such killings in 1985. Of these 131, 72
were attributable to guerrilla forces, 3 to right-wing groups,
and 56 to unknown assailants. Although GAM and some foreign
groups claim that government security services continue
summarily to execute insurgents and insurgent sympathizers,
there is scant evidence linking officials to such acts. In
only a few of the 131 cases did a family member or associate
attribute the death to government forces.

The decline in political killings can be attributed to the
Cerezo Government's commitment to ending political violence,
its reorganization of the security forces, and its stated
determination to punish anyone using violence to undermine the
democratic process. These actions signal the withdrawal of
official protection and tolerance which previously allowed
political violence to corrupt the political system.

There was a dramatic increase in 1986 in killings for other
than political reasons. High levels of unemployment and
insufficient numbers of trained police appear to be primarily
responsible for the upsurge in criminal violence. During
1986, 1,832 people were murdered in Guatemala, compared to
1,539 the year before. Assaults with intent to kill jumped
from 2,813 in 1985 to 5,088, and armed robberies rose from
1,727 to 2,570. Some observers point to this criminal
violence as proof that political killings continue unimpeded.
However, in few instances has a link been established between
the killings and any political activity by the victims.
President Cerezo told a foreign newspaper in September that
outside observers have confused common crime with political
violence. Among the victims of such violence were members of
the Armed Forces and the ruling Christian Democratic Party
(DCG) .. At least four Army officers and several Army
specialists attached to the General Staff were killed in
Guatemala City in 1986. Other victims of criminal violence
were local DCG officials in San Martin Jilotepeque, Department
of Chimaltenango, and Villa Nueva and Villa Canales,
Department of Guatemala.

511

GUATEMALA

Among those killed in 1986 were Justo Rufino Reyes, Secretary
General of the Municipal Workers Union (SCTM), and Emilio
Guzman, head of the Street Vendors Union. Following Reyes'
stabbing death, other unionists denounced the killing as an
attempt to intimidate the trade union movement. However, at
no time was it alleged that the killing was the work of the
Government. Shortly after the murder, police arrested one
suspect and announced the name of another . The second suspect
was later found dead, and police tentatively labelled the
crime an act of common violence. At the time of his murder,
Reyes was trying to break the SCTM away from a leftist trade
union confederation and align it with the AFL-CIO supported
Guatemalan Confederation of Labor Unity (CUSG) . Reyes had
also fought and lost a bitterly contested race for Secretary
General of SCTM with a leftist rival, an election which was
later declared null by the Ministry of Labor after it uncovered
evidence that Reyes' competitor had engaged in vote fraud.
The Ministry called for a second election, for which Reyes was
campaigning at the time of his murder.

Guzman was reportedly knifed by two youths attempting to rob
him. Police arrested the two shortly after the killing. Juan
Francisco Alfaro, Secretary General of the CUSG, expressed
concern at the killing of a second moderate union leader, and
called on the Government to investigate the case.

The four Marxist guerrilla organizations which have been
waging the insurgency rejected the opportunity to participate
in the elections and have continued their armed struggle
against the civilian Government. Although armed encounters
declined by approximately 50 percent from the 1985 level, 81
guerrillas, 50 Guatemalan soldiers, and 19 civilians were
reported killed in combat. Guerrilla forces also executed
five military commissioners, civilian representatives of the
Army in rural areas, and continued their campaign against
members of the civil defense patrols, killing 10 in combat and
executing 6 others. Their program of physical intimidation
extended to other sectors of Guatemalan society. In March,
guerrillas killed the auxiliary mayor of Santa Barbara,
Suchitepequez . In El Peten, the mayor of La Libertad fled
after receiving death threats from the Rebel Armed Forces
(FAR) . The FAR shot to death several farm administrators and
farmworkers in Escuintla, and booby traps left by the
Revolutionary Organization of People in Arms (ORPA) killed two
farm workers in Suchitepequez. FAR gunmen shot and killed a
Salvadoran businessman in the Peten area as he attempted to
land his airplane on a FAR-controlled airstrip in the course
of a holiday trip.

b. Disappearance

The Guatemalan police report 203 persons were kidnaped in
1986. While most of the incidents appear to be criminally
inspired, in 79 of the cases political motives cannot be ruled
out. This total compares with 198 disappearances with a
possible political motive recorded in 1985 and 425 in 1984.

Historically, it has been difficult to assign responsibility
for or motive to most disappearances and kidnapings. In
Guatemala, personal vengeance or ransom can be as powerful a
motive to kidnap as political differences, and abduction is a
tactic used by individuals and groups for a variety of
reasons. Nevertheless, prior to 1986, kidnaping and
subsequent killing of victims were methods frequently used by
security forces to capture, interrogate, and eliminate

512

GUATEMALA

insurgents, their sympathizers, and others believed to pose a
threat to the State. The distinctive modus operandi employed
by the security forces and the ties of their more prominent
victims to student, labor, or political groups, readily
identified the Government as the probable author of such
extrajudicial activities.

In 1986, the "trademarks" of the government security services
were largely absent from the cases of abduction that had
possible political implications. For instance, two members of
the National Congress, including Rudolf o Maldonado, the DCG
head of the Foreign Relations Committee, were kidnaped in
separate incidents and held for several hours. The same
occurred to members of labor organizations such as SCTM and
CUSG. However, in none of these incidents was the victim
harmed or the Government implicated. In August, the mayor of
Chiquimula, Jose Maria Garcia Portillo, a member of the
rightist National Liberation Movement, was kidnaped. Still
missing, his disappearance is believed to be the result of
local intraparty rivalry. On May 12, Maria Elena Rodas
Orellana, a University of San Carlos engineering student,
disappeared in Guatemala City on her way to the university
from her home in Chimaltenango . A police investigation
indicates that Miss Rodas, who apparently was not involved in
political activities at the university, was the victim of
criminal foul play.

Critics continue to charge military security forces with
abducting people in and around conflictive zones (i.e., areas
where guerrilla forces are active), in order to question them
about subversive activities. For instance, the April
kidnaping of 7 farmworkers near Rio Bravo, Suchitepequez , and
the abduction of 2 young men from a house run by the Bishop of
Coban have been blamed on security forces. Following a surge
of guerrilla and criminal activity around San Luis, El Peten,
soldiers at the military detachment in San Luis reportedly
arrested Salome de Jesus Cano Rodriguez. Several weeks later,
soldiers reportedly arrested Vicente Carrillo, Everado Solares
Mejia, and Mateo Moterrose Revolorio in the nearby village of
La Puente. None of these individuals has been seen since.

Insurgent groups continue to use kidnaping to commandeer labor
and to punish government collaborators. On August 1, members
of the FAR kidnaped four families from El Canaan, La Libertad,
El Peten. In January, 3 of 4 men kidnaped from Malacatan, San
Marcos, were found dead in a river near the Mexican border.
One of the dead men wore a sign which read, "executed by ORPA
for desertion." The Guerrilla Army of the Poor (EGP)
continued to hold people in a small area in northern El Quiche
to use as suppliers of food and labor. During 1986 several
hundred people managed to escape from guerrilla-controlled
areas .

The decline in current cases of politically motivated
disappearances and killings also has helped focus attention on
the issue of accounting for past human rights abuses and
highlighted the dispute between the Government and GAM. In
May GAM submitted writs of habeas corpus on behalf of over
1300 disappeared persons. The Supreme Court designated a
judge to administer the entire writ process, reportedly the
first time this has been done in Guatemalan judicial history.
In October, the judge completed the preliminary phase of his
investigation and announced that he had found 33 of the total,
29 of whom were in jail, and 4 dead. He did not find any

513

GUATEMALA

secret detention centers during his investigation, which he
said will continue until all the remaining cases are clarified.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The civil and criminal codes expressly prohibit physical and
mental torture. Nevertheless, the practice continues. In the
past, torture was allegedly one of the means used by the
government security forces to extract information from
suspected insurgents and insurgent sympathizers. However,
since very few of the people picked up by the security forces
lived to tell their stories, the only evidence of such
practices were the broken bodies found by the sides of the
roads in Guatemala. With the decline in political violence,
there has also been an apparent decrease in the incidence of
torture. Guatemalan press reports occasionally refer to
"signs of torture" being found on the bodies of some murder
victims. However, according to the head of Guatemalan Medical
Forensic Science, the unit of the judicial branch which is
required to conduct autopsies in cases of violent or
suspicious death, the incidence of torture has dropped
dramatically within the last year. He has stated that he
claims to know of only two such cases in 1986.

Occasionally, individual police officers are accused of
committing acts of brutality, sometimes to obtain confessions
and sometimes to punish criminal suspects. In an effort to
control this type of abuse, the Government has initiated a
series of reforms designed to professionalize the police
force. Besides emphasizing the importance of respect for the
constitutional rights of those detained, the importance of
collecting and evaluating physical evidence from the scene of
a crime is being stressed. Recently, the judicial branch of
government sponsored seminars in which it taught over 3,000
police officers the basic methods of legal arrest. The police
force also has adopted a new hiring system designed to improve
its educational level and to end cronyism. The Governments of
Spain, France, the Federal Republic of Germany, and Venezuela,
recognizing the importance of an effective civilian police
force to the success of the civilian Government, have pledged
material and technical assistance.

Due to limited budgetary resources, Guatemala's prisons are
characterized by overcrowding, rudimentary facilities and a
lack of medical services. A new director has tried to better
conditions at the central Pabon prison by involving the
inmates in prison-improvement programs. There has been no
repetition of the rioting which occurred in 1985, and, in
comparison with previous years, there were no allegations of
brutality by prison personnel. There is no policy of physical
punishment for inmates at Pabon and other penal institutions.

d. Arbitrary Arrest, Detention, or Exile

Persons may not be held for more than 6 hours without being
brought before a judge and charged with a crime. Previously,
the police had 48 hours to bring a person before a
magistrate. This change, mandated by the new Constitution,
has been criticized by the police as providing insufficient
time to arrest, process, and bring suspected criminals before
a judge, especially in the countryside where suspects must
often be transported long distances. The police have been
known to use this as a pretext to mete out frontier justice.
For instance, following a robbery and shooting at a bar in

514

GUATEMALA

Coatepeque, Department of Quetzaltenango, in which a police
officer was wounded, police captured and summarily executed a
suspect, tossing his body into a well. The Government
responded quickly to this official abuse of power, arresting
the police chief of Coatepeque and the officers who
participated in the capture and execution.

Some human rights groups have charged that the civil defense
patrols, a local militia organized by the Army as part of its
counter insurgency program, are a form of uncompensated,
obligatory service. Approximately 721,700 men participate in
the civil defense patrols, about 13 percent of the entire
population. According to the Constitution, service in the
civil patrols is voluntary. Upon taking office. President
Cerezo announced that each locality would be able to decide
whether to keep or disband its patrol.

Despite the decision of some villages to disband their
patrols, there exists evidence that in conflictive zones of
the country, service is required. Occasionally the military,
through local military commissioners, applies pressure on the
people to participate. Exemptions may be obtained, but
usually only for medical reasons or by paying another man to
perform the service. The Catholic Church, through a variety
of spokesmen, has voiced opposition to what it calls the
"obligatory service" of the patrols. Several Guatemalan
congressman have also criticized the patrols. The Government
maintains the civil defense patrols play an important role in
the counter insurgency program, and it is doubtful that they
will be disbanded anytime in the near future.

The Government does not use involuntary exile as a form of
punishment, nor are critics arrested and convicted on
unsubstantiated charges. Compulsory labor is prohibited by
law and is not known to be practiced.

e. Denial of Fair Public Trial

The Guatemalan legal system has been characterized by
inefficiency and corruption. Although there has been little
overt interference in the operation of the courts by the
military or the executive branch, in the past many judicial
officers reacted positively to indications of special interest
in particular cases by high government or military officials.
The practical effect of such influence was that the judicial
system did not respond adequately in cases involving human
rights violations committed by the authorities.

In 1986 members of the new Supreme Court were chosen by the
National Congress. The 9 magistrates of the court, who will
serve a 6-year term, control the staffing and administration
of the judicial branch of government. They have embarked on
an ambitious program to improve the efficiency of the court
system and to reduce corruption. The magistrates have also
set out to assert the judicial branch's independence from the
executive. Among the first reforms is the creation of a
special group of judges to supervise and direct police
investigations and to evaluate and guard evidence. This
measure, together with the creation of an investigative unit
of young lawyers, is designed to improve the courts' ability
to deal with criminal cases. According to the Minister of
Int-erior, of the 30,000 persons arrested during 1986, 29,000
were released for lack of evidence.

515

GUATEMALA

Persons arrested in Guatemala are guaranteed the right to
legal counsel at all hearings, and lawyers are provided by the
State if the defendants cannot afford them. However, the
lawyers provided are usually law students. Also, the majority
of the nation's lawyers live in or near Guatemala City, and it
is difficult to retain legal counsel in the countryside.

Defendants may be released at the discretion of the magistrate
after posting bail. However, the judicial machinery is
cumbersome and slow, and it is not unusual for defendants to
spend several months in prison before the courts render a
decision on their guilt or innocence.

New laws protecting individual rights, including the right to
a judicial determination of the legality of detentions, went
into effect upon the installation of the civilian Government
in January.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution guarantees the inviolability of the home and
of personal correspondence and private papers.

Charges that private correspondence is tampered with continue
to be made. Postal authorities acknowledge this sometimes
happens and blame dishonest employees. Letters bearing checks
from relatives of Guatemalans living in the United States are
a particular target of mail theft. There have also been
allegations of mail tampering and telephone tapping by
security forces.

Although the security forces have an intelligence network,
there is no organized system of government informers or
neighborhood watch committees in urban areas. However, civil
defense patrols have served as a means of reasserting
government control over the countryside. The involvement of
part of the rural population, especially in conflictive areas,
obviously contributes to the Government's ability to monitor
the movement of its citizens, an important function of the
civil defense patrol in countering the insurgency. Guerrilla
organizations have accused military commissioners as well as
other rural government employees of being "informers."
Insurgents have assassinated a number of such persons.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees these rights, and the Government
affirms them in practice. In 1986, there were no indications
of any attempt to prevent the media from freely airing diverse
viewpoints and actively covering the spectrum of political
opinion and debate. In fact, one of the major daily
newspapers is owned by a former presidential candidate, and
has emerged as the leading antigovernment newspaper.

Present press freedom contrasts sharply with that of recent
years when newspaper reporters and broadcast journalists were
frequent targets of political violence. Lingering fears still
serve to limit somewhat the exercise of press freedoms. While
opposition views and criticism of the Government are aired
freely and frequently, journalistic self-restraint results in
only perfunctory coverage of topics dealing with the military,
national security, official corruption, and police

516

GUATEMALA

investigations. Journalists are not prevented from entering
or covering events in conflictive zones, but they rarely do
so. Guerrilla organizations and civil rights groups, GAM and
many of GAM's foreign solidarity and support groups, all have
access to the media through paid advertisements, communiques,
and manifestos. The communist Guatemalan Workers Party (PGT),
and the guerrilla-linked Guatemalan Human Rights Commission
and Committee of Farmworker Unity (CUC) have also published
messages in the press.

Radio is Guatemala's most pervasive medium, with over 100
privately owned stations operating throughout the country.
There are five privately owned television stations. The
Government owns and operates six radio stations and one
television station which broadcast a variety of news,
educational, and entertainment programs. Four major
independent daily newspapers are published in the capital.
The Government publishes one daily with official
announcements, decrees, and selected news items.

There is no censorship of either local or foreign books about
Guatemala or other subjects. A few local writers and artists
continue to live and work outside of Guatemala; however, their
exile is voluntary.

The main campus of the University of San Carlos (USAC) has
been a center of violence, both political and criminal, in
recent years. Although several USAC students and workers were
killed or kidnaped in 1986, there is no evidence linking such
violence to the political activities of the victims or to the
Government. On the contrary, political activity on campus has
increased since the advent of civilian government. During the
campaign leading up to the June elections for rector, student
organizations linked to the underground PGT participated on
behalf of one of the candidates. Student organizations also
took part in protest marches and published manifestos critical
of the Government in the press. During a labor dispute in
May, the USAC workers union took the acting Rector and
Superior Council of the University hostage in an effort to
force USAC to meet its salary demands. The hostages were
freed without force, and no arrests were made or reprisals
taken.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the rights of assembly and
political association. These rights were exercised throughout
the process of democratization that began with the July 1984
Constituent Assembly elections and culminated with the
election and installation of the civilian Government in
January 1986. Since then, there has been a further increase
in public political gatherings and demonstrations. GAM holds
weekly demonstrations in front of the National Palace, and has
twice staged sit-ins at the palace and forced its way into the
Independence Day parade. Labor unions, organizations of
housewives, and neighborhood groups have also gathered in the
central plaza to protest the high cost of living and other
issues. On May 2, the day after the first May Day
demonstration since 1980, thousands of farmworkers who had
marched from the south coast gathered in the central plaza to
ask the Government to help them find land. The demonstrations
took place without incident.

Under the Constitution, workers have a right to organize,
strike, and bargain collectively. Public workers also enjoy

517

GUATEMALA

this right, although its exercise must "in no case affect
state public service activities." However, the Congress is
required to pass implementing legislation and to modify the
labor code to bring it into compliance with the Constitution.
Delays in this process have frustrated public sector workers,
who have pushed ahead with organizing plans. Of the 29 work
stoppages which have occurred since the inauguration of the
civilian Governnient , 19 were carried out by government
employees. Although the Government threatened legal action
against the striking public employees, it never made good the
threat .

There are approximately 300 active labor unions in the country
organized into three national trade union confederations. The
largest and most significant is the Confederation of Labor
Unity (CUSG), a democratic group associated with the AFL-CIO
that espouses the principles of the free trade union movement
and emphasizes economic unionism. In 1986, CUSG, an affiliate
of the International Confederation of Free Trade Unions,
consisted of 20 federations and approximately 135,000
workers. The second largest labor organization is the
Christian Democratic-oriented Coordinating Committee of
Guatemalan Workers (CTG), claiming 12,000 members. The third
is the leftist Guatemalan Workers Union ( UNS I TRAGUA ) , which
has 10,000 members. CTG and UNSITRAGUA have not yet gained
legal status.

In the past, Guatemala was cited by the International Labor
Organization's (ILO) Committee on Freedom of Association
because of abductions of trade union leaders and legal
advisors. No such complaints were filed in 1986. The ILO
also has cited Guatemala for noncompliance with Conventions 87
and 98, which affirm public workers' right to strike and the
right of unions to engage in partisan political activities.
Guatemala received no such criticism in 1986.

Aside from labor unions, there are numerous professional and
trade associations in Guatemala. These groups operate
autonomously, without government interference, and often
exercise considerable political influence.

c. Freedom of Religion

The rights of freedom of conscience and to free exercise of
religion are recognized and respected in practice. Legal
recognition is granted to all denominations.

More than 70 percent of the population practices Roman
Catholicism. Many Indians, however, combine Catholic tenets
with elements of their traditional beliefs. Evangelical
churches have grown rapidly, especially among Indians, and
their followers now number about one-quarter of the
population. There is also a small Jewish community.

Foreign Catholic clergy and religious workers actively
proselytize in Guatemala. Foreign Protestant evangelical
clergy have been joined in their efforts by local
representatives of Guatemala's growing evangelical movement.
One result of this religious mixture has been some tension
between Catholics and Protestants. Authorities deny any
deliberate policy of discrimination. However, evangelicals
have cited some cases of intimidation by the police and
government officials.

518

GUATEMALA

Catholics and evangelicals are free to preach and develop
congregations. However, both Catholics and Protestants have
suffered the effects of political violence. During the height
of the counter insurgency campaign in the highlands in the late
1970 's and early 1980 's, 14 Catholic clergy and hundreds of
catechists lost their lives. The radicalization of some
clergy led to the creation of the Guatemalan Church in Exile,
a small Mexico-based religious front for the insurgents.
Although several priests working on the south coast and in the
highlands have received death threats in 1986, no incidents of
political violence involving Catholic clergy were reported.
The evangelical community has not fared as well. During the
first part of 1986, four evangelical pastors were killed in
separate acts of violence in Guatemala City. This led the
head of the Guatemalan Evangelical Alliance to charge that the
killings were part of an attempt to intimidate evangelicals.
However, no suspects were arrested, there were no further
incidents, and the charge was not repeated.

With the advent of a Christian Democratic government, the
Catholic Church found itself in the unaccustomed position of
working alongside a government which shared its social
teachings. Nevertheless, the Church asserted its
responsibility to speak for "those who have no voice" and
reserved the right to criticize government actions. During
1986 the Church continued to voice opposition to the civil
defense patrols and the model village program. It also
opposed the Government's family planning programs. The
involvement of some clergy in a farm workers movement prompted
the Archbishop to renew his call for a more just distribution
of land.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government does not limit the freedom of movement of its
citizens within the national territory. However, the
Government continued in 1986 to set up roadblocks in the
interior to check documents and search vehicles for security
purposes. The Treasury Police also used roadblocks to search
for contraband and to interdict smuggling across Guatemala's
four borders. There are no restrictions on foreign travel or
on the right to reenter the country. All citizens are free to
migrate to other countries.

The United Nations High Commissioner for Refugees (UNHCR)
estimated that approximately 38,677 Guatemalans, mostly
Indians from areas afflicted by insurgent activities, continue
to live as refugees in Mexico. Half live in camps in the
border areas of the Mexican state of Chiapas; the rest have
been moved to camps near the Bay of Campeche. Since 1982 the
Government has followed a policy of encouraging "voluntary and
orderly" repatriation of all displaced persons and assisting
their reintegration into the country. The Cerezo Government
has continued this policy. In several public statements, the
President has encouraged refugees to return to Guatemala,
guaranteeing that they will face no official persecution.
Recently, the Governments of Guatemala and Mexico agreed to
set up a special commission to study the situation and work
out a modus operandi to foster the voluntary return of
Guatemalan citizens. The biggest problem facing the
Guatemalan Government is not the security of returning
citizens but lack of economic assistance. Although the
Government has offered to use model villages temporarily to
shelter refugees, it does not have the resources necessary to

519

GUATEMALA

handle a sudden large influx. International organizations
such as the International Committee of the Red Cross (ICRC)
and the Inter-Governmental Committee on Migration (ICM) are
not established in Guatemala, and therefore Guatemala can
count on little international assistance at this time to
resettle returnees. However, the Guatemalan Government has
held talks with ICRC and UNHRC representatives and recently
joined ICM.

Following a general decline in guerrilla activity and a
decision by Mexico to relocate Guatemalan refugees in the
Mexican states of Campeche and Quintana Roo, away from the
border, some individuals began to return to Guatemala. The
number is difficult to estimate, since most came in small
groups and entered Guatemala the way they left, avoiding
government immigration stations along the border.
Nevertheless, it is believed that since 1981 approximately
7,000 refugees have returned. So far this year, UNHCR and the
Mexican Committee for Aid to Refugees have repatriated 260
persons. The Guatemalan Government claims that 500 have
returned.

Some human rights groups contend that it is not safe for many
of these people to return. They assert that returnees will be
improperly identified as guerrillas and killed by security
forces. The Government denies this. Not only are many of the
villages along the border largely populated with people who
returned safely from Mexican camps, but some very well-known
voluntary political exiles have returned to Guatemala without
suffering persecution. It must be noted, however, that the
animosities created by the civil war in the highlands die
hard, and villagers along the border have said that former
insurgents could expect to be treated in the same manner as
they had once treated their fellow villagers. There are no
known cases of returnees being singled out for persecution by
government security forces.

The political umbrella group for the insurgent organizations,
the Guatemalan National Revolutionary Union (URNG), and
several human rights groups, have called on the Cerezo
Government to dismantle the model village program, alleging
that it violates the right of freedom of movement by herding
people into "concentration camps." This characterization is
rejected by inhabitants of the model villages and most
observers who have visited them. At present, less than 50,000
people, or 1 1/2 percent of the highland population, live in
model villages. Most of these villages were built on the
sites of villages destroyed in fighting between government
security forces and insurgents and are populated by
inhabitants of the area. Some villages, especially in the
Playa Grande Development Pole, one of the resettlement centers
for displaced persons, are populated by people who cannot
return to their land, either because it is still in a
conflictive area, or because they are former guerrillas who
fear vengeance at the hands of their former neighbors.
Although the Government originally had planned to build 49
model villages, at present it has completed approximately 14
and is constructing another 10. Lack of funds and uncertainty
over the future of the model village program have halted
construction. Existing model villages are fully populated,
and some, such as those of Acul and Chacaj , have been invaded
by squatters. The services and security offered in the model
villages attract many who have been living in conflictive
zones in the highlands.

520

GUATEMALA

In addition to those who sought haven in Mexico, a major
byproduct of the insurgency was the internal displacement of
as many as 400,000 persons since 1981. Both government and
private agencies working with displaced persons agree that the
number of such persons has decreased substantially. A survey
conducted by the Government in 1985 estimated the nvimber of
then-displaced persons at approximately 8,000. As one
measure, the processing centers for displaced persons in El
Quiche, one of the most conflictive of departments, contain
approximately 4,000 people. These centers are designed to
provide emergency health care for persons who have recently
come out of the mountains, and to provide temporary shelter
until they can be helped to relocate either to their own land
or to one of the model villages. However, with the model
villages full and no place else to go, many individuals have
no choice but to stay on as semi-permanent residents of the
processing centers.

Insurgent groups continued to set up roadblocks during 1986,
extracting war taxes and haranguing the people they stopped.
In El Peten, they burned trucks, helicopters, and drilling
equipment of oil exploration companies, forcing these
companies to suspend operations.

Following a pattern that began under the Rios Montt Government
in 1982, Guatemalans living abroad in voluntary exile
continued to return to the country in 1986. For instance, in
August, President Cerezo announced the return of Mario
Monteforte Toledo, one of the co-authors of Decree Law 900,
the 1950 's Agrarian Reform Law of the Jacobo Arbenz Government.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

On January 14, 1986, a democratically elected, civilian
government took office in Guatemala, the first since the
Mendez Montenegro regime in 1966. The return to civilian
government dates from the March 1982 coup which deposed the
Lucas Garcia regime and installed a military junta led by
General Efrain Rios Montt. The Rios Montt Government was
itself overthrown in an internal military coup in August 1983,
partly because younger military officers perceived it was
reneging on its pledge to return the country to civilian
rule. The Constituent Assembly elections the Rios Montt
regime had tentatively scheduled for July 1984 were held on
time. Following the Assembly's completion of a new
Constitution and electoral laws in the spring of 1985, the
government of General Oscar Humberto Mejia Victores called
general elections. Fourteen political parties, supporting
eight presidential candidates, participated in the November 3
election. The top two presidential contenders met in a
run-off election on December 8. These two elections,
characterized as efficiently run and free of fraud by
international observers, attracted more voters than any
election in Guatemalan history.

The Constitution written by the Constituent Assembly also went
into effect on January 14. It guarantees individual rights
and provides for a legislative Human Rights Committee, to
consist of a deputy from each party represented in Congress.
The Constitution also requires the Congress to select a Human
Rights Ombudsman to be chosen from a list of nominees
submitted by the Human Rights Committee. The Congress
recently passed legislation defining the powers and functions
of the Ombudsman. The legislation gives the Ombudsman the

521

GUATEMALA

immunities and prerogatives of a member of congress^ and the
powers to investigate and publicize alleged human rights
abuses. With a separate budget and his own staff, plus
representatives in each of the departments, the Ombudsman and
his deputies will be able to visit government facilities
without notice or a warrant, and will have access to all
government files, with the exception of those dealing with
current military operations and national diplomacy. Once
selected, this official will provide the citizenry with access
to an independent institution to which they can have recourse
to denounce and publicize human rights abuses. The
Constituent Assembly also drafted new laws protecting
individual rights. These measures are designed to end official
tolerance of human rights abuses and political violence in
Guatemala .

The Christian Democratic Party (DCG) dominates the new
Government. It controls the presidency and, for most of the
year until the defection of several deputies, held a majority
of seats in the legislature. Through the appointive powers of
the legislature, the DCG also played an important role in the
selection of the Supreme Court justices. Of 330 mayors in
Guatemala, 184 are members of the DCG. However, there are
nine political parties represented in the Congress, and
several national labor organizations and GAM have also emerged
as opposition forces. Municipal elections are scheduled for
1988, and general elections for a new President and Congress
are scheduled for 1990.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The new Government extended an open invitation to human rights
groups and other international organizations to visit
Guatemala in 1986. Such visitors included the former UNHRC ' s
Special Rapporteur for Guatemala, Americas Watch, the
Inter-American Human Rights Commission, the Faculty for Human
Rights in El Salvador and Central America, and numerous
religious groups.

The most vocal opposition to the Cerezo Government came from
GAM, which claimed that major human rights violations
continued under civilian administration. GAM leader Nineth de
Garcia alleged but has not substantiated that 6 political
assassinations per day took place in Guatemala, and that 200
people disappeared during the first several months of the new
government. When GAM submitted its writs of habeas corpus to
the Supreme Court, it did not include any cases from 1986.

Section 5 Discrimination Based on Race, Sex, Language,
Religion, or Social Status

Guatemala is a society in which most women play traditional
roles. While not a matter of law, discrimination against
women is rooted in centuries of cultural practice. Although
figures show that over one-half of the female population has
not been educated and that 94 percent of women residing in
rural areas had less than 3 years of schooling in 1978, it is
estimated that 30 percent of the students presently enrolled
in Guatemalan universities are women. The number of women
occupying professional and managerial positions is small but
increasing.

522

GUATEMALA

Several women have been named to high government positions.
Ana Catalina Soberanis Reyes was named Minister of Labor by
President Cerezo; she also plays an important role within the
Christian Democratic Party. President Cerezo has also named
women to head the government tourist and social welfare
agencies. There are seven women deputies in the National
Congress, including one Indian from the Department of
Chimaltenango .

CONDITIONS OF LABOR

Guatemalan workers are protected by a variety of laws which
establish minimum wages, minimum working age, and maximum
working hours, and attempt to establish minimum safety
standards at the workplace. However, regulations are
frec[uently ignored by employers, and the Government has been
unable fully to enforce these laws.

523

U.i.OVf RSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRy: GUATEMALA

193A 1985 1966

I. SCON. ASSIST.-TOTAL... 20.3 106.9 92.7

LOANS 6.7 59.7 29.8

GRANTS 13.6 47.2 62.9

A. AID 4.5 75.7 59.8

LOANS 0.0 39.7 29.8

GRANTS 4.5 36.0 60.0

(SeC.SUPP. ASSIST.) .. . 0.0 12.5 52.8

B.FOOD FOR PEACE 13.2 28.2 0.0

LOANS 6.7 20.0 0.0

GRANTS 6.5 3.2 0.0

TITLE 1-TDTAL 6.7 20.0 0.0

REPAY. I^ 'S-LOANS 6.7 20.0 0.0

PAY. IN FOR. CURR 0.0 0.0 0.0

TITLE II-TOTAL 6.5 3.2 0.0

5. RELIEF. EC. OEV S WFP. 1.9 3.8 0.0

/3L. RELIEF AGENCY 4.6 4.4 0.0

C. OTHER ECON. ASSIST... 2.6 3.0 2.9

LOANS 0.0 0.0 0.0

GRANTS 2.6 3.0 2.9

PEA:£ CORPS 2.6 3.0 2.9

NARCOTICS 0.0 0.0 0.0

OTHER ff.O 0.0 0.0

II.J1IL. ASSIST.-TOTAL... O.D 0.5 5.4

LOANS 0.0 0.0 3.0

GRANTS 0.0 0.5 5.4

A. MAP GRANTS 0.0 0.0 5.0

a. CREDIT FINANCING.... 0.0 0.0 0.0

C.INTL MIL.ED.TRNG. ... 0.0 0.5 0.4

D.TRAN-EXCeSS STOCK... 0.0 0.0 0.0

= . OTHER GRANTS 0.0 0.0 0.0

III. TOTAL eCON. 8 MIL... 20.3 107.4 93.1

LOANS 6.7 59.7 29.8

GRANTS 13.6 47.7 68.3

OTHER US LOANS 0.0 0.2 0.0

cX-IM BANK LOANS O.D 0.0 0.0

ALL OTHER 0.0 0.2 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES

1984 1985 1986 1946-86

TOTAL 135.8 237.4 81.0 1451.5

I6R0 5D.0 44.6 31.0 471.6

IfC 0.0 0.0 0.0 13.2

IDS 0.0 0.0 0.0 0.0

103 34.5 191.0 0.0 925.1

A03 0,0 O.D 0.0 0.0

~ftF»9 D.O 0.0 0.0 0,0

UN3P 1.3 1.3 0.0 25.3

oher-un d.o 0.0 0.0 11.3

ee: 0.0 0.0 0.0 0.0

524

GUYANA

Guyana is a small, multiracial, developing nation. It is the
only English-speaking country in South America and is
considered, culturally and politically, to be a part of the
Caribbean. The Co-operative Republic of Guyana has an
Executive President, Hugh Desmond Hoyte, who was elected in
December 1985, as well as a unicameral parliament and an
independent judiciary. A variety of political parties compete
for power, the major ones being the ruling Peoples National
Congress (PNC), the Peoples Progressive Party (PPP), the
United Force (UF) , and the Working Peoples Alliance (WPA) .

Under the 1980 Constitution, presidential, parliamentary, and
regional elections are to be held every 5 years Municipal
elections were scheduled for December 1986, the first time
since 1970; however, the opposition boycotted the elections,
alleging that they would not be fair since the ruling party
controlled the electoral machinery. The unopposed candidates,
including some political independents nominated by the ruling
party, were declared elected, but no voting actually took
place.

Since 1964, the PNC has dominated political life in Guyana
through questionable electoral practices. Opposition parties
and some civic organizations regularly charge fraud. The
December 1985 elections were no exception, although it is
widely believed that the PNC, with its well-established
organization, entrenched incumbency, and divided opposition
would have been victorious if other parties had made a
contest. Two international monitoring organizations published
findings which supported allegations of fraud. No
international observers were allowed to monitor the 1985
elections, although the international press covered them.

Although Guyanese society and political life are influenced by
strong differences between the Afro-Guyanese and
Indo-Guyanese, peaceful racial coexistence prevailed in 1986.
The ruling PNC draws its membership primarily from urban
Afro-Guyanese. Nevertheless, the Government and the public
sector include a significant proportion of Indo-Guyanese,
Muslims, Hindus, and Christians. The police, the Guyana
Defence Force (GDF), and other security forces are
predominantly staffed by Afro-Guyanese, while Indo-Guyanese
continue to dominate the agricultural and business sectors.

In 1986 Guyana's human rights climate continued to show
improvement. Persons are free to pursue private interests,
and rights to private property are generally respected.
Social services, while limited in quality, are open to all
citizens on a racially nondiscriminatory basis. The
Government recognized the right of opposition newspapers to
import newsprint and printing presses, and an independent,
privately owned weekly began publication in December.
Allegations of police killings and beatings were more
frequently investigated, although with mixed results. The
House of Israel, alleged to have been responsible for some
past political violence, was effectively silenced.

The Government showed a surprising degree of intolerance of
political criticism by expelling a Catholic priest and by
attacking an Anglican bishop in the state-owned media for
criticizing the conduct of the 1985 general elections. The
Catholic Church has received some mixed signals: restrictions
and delays were imposed on its foreign missionaries desiring
to renew their resident visas, while permission was granted

525

GUYANA

for a new group. Sisters of the Missionaries of Charity, to
enter the country.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known politically motivated killings in Guyana.
In October, David Hill, known as Rabbi Washington and leader
of a sect called the House of Israel, together with three of
his followers, were arrested for murder, convicted of
manslaughter, and sentenced to 15 years in prison. In recent
years, it has been widely alleged that the PNC utilized House
of Israel members to commit acts of physical intimidation and
even murder against government opponents.

b. Disappearance

There were no reports of politically motivated disappearances,
clandestine detentions, or abductions.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited by the Constitution, but there were
allegations of torture by police. The 1985-86 Guyana Human
Rights Association (GHRA) Report alleged six specific
incidents of excessive use of force by police resulting in the
death of individuals. GHRA also alleged that six prisoners
were severely beaten by law enforcement authorities. In
contrast to previous years, both the police and the courts
investigated these allegations. GHRA, however, said the
investigations, both by internal police boards of inquiry and
before the courts, were inadequate. GHRA also charged that
when inquests were held and a verdict of criminal
responsibility made, no further action was taken. The police
rejected the GHRA allegations but made no specific comments on
the cases in question. In May the press reported the brutal
torture of an Amerindian. Internal police investigations
concluded that the three policemen involved had exceeded their
authority and used unnecessarily excessive force. No decision
has yet been made whether to bring charges against them. This
particular case has been debated in the National Assembly. A
jury acquitted a police corporal in a 1984 shooting death of a
prisoner .

Prison conditions in Guyana are spartan. Prisoners' diets are
considered inadequate, and overcrowding is a problem. In
August the Government announced the allocation of the
equivalent of US$325,580 for renovation of the Central
Georgetown prison. So far, no work has begun.

d. Arbitrary Arrest, Detention, or Exile

Under the Constitution, no person may be deprived of personal
liberty except as authorized by law. Individuals are not
arrested, detained, or exiled for their political views. To
date, no one has been officially detained under the National
Security Act, which provides that persons suspected of crimes
may be held up to 3 months without charge. In the past,
government officials have sought to use the legal system for

526

GUYANA

political purposes through libel suits against their
opponents .

Forced labor is not employed in Guyana. However, the law does
permit the use of prisoners convicted of criminal acts in work
crews under appropriate supervision. President Hoyte has
terminated the policy of voluntary labor by civil servants for
Hope Estate, a state-owned coconut plantation of the late
President Forbes Burnham.

e. Denial of Fair Public Trial

Guyana maintains the British common law system and legal
procedures. Half the lawyers and almost all members of the
Guyanese judiciary were trained in the United Kingdom. The
Constitution protects the right of anyone charged with a
criminal offense to a hearing by a court of law, a right that
is respected. Guyana has a functioning bail system and
defendants are accorded fair public trials; they are
represented by counsel, who are court appointed when
necessary. Timely charges are presented, and appeals can be
made to higher courts. There are no political prisoners or
special courts for political security cases.

Some opposition lawyers complain that the judiciary is prone
to grant an excessive number of lengthy postponements in
trials affecting government or law enforcement officials;
however, postponements are routinely granted to both the
defense and prosecution. Delays in judicial proceedings
reportedly are more often caused by shortages of trained
personnel and materials.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government generally respects the right to privacy of
citizens. There have been allegations of government
surveillance of some political opponents.

It is widely believed that correspondence from overseas is
opened. This occurs primarily for the theft of money
forwarded by overseas Guyanese to relatives and does not
appear to be the result of government policy. GHRA reported
that body searches of incoming passengers at Timehri Airport
have diminished, but the practice does continue. A prominent
labor leader was recently subjected to a body search prior to
leaving Guyana.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and press.
However, the Government has direct and indirect control over
the media through ownership of the country's only daily
newspaper and only radio station and through import licensing
of newsprint and printing presses used by other publications.
Despite their small size, opposition weeklies engage in
uninhibited criticism of the Government. Government opponents
allege that the limited quantity of newsprint and the small
size of these publications is tantamount to censorship. GHRA,
among others, reports considerable improvement in this area,
with the approval of import licenses for printing presses for
the weekly Catholic Standard, the Mirror of the PPP, and the
WPA's news sheets. President Hoyte has recognized the right

527

GUYANA

of the opposition press to receive gifts of newsprint from
overseas and to establish a new weekly newspaper. A new
independent weekly appeared in December; it is published in
Trinidad and flown to Guyana.

Guayanese can receive printed materials from abroad without
restrictions, but scarce foreign exchange generally is not
made available by the Government for subscriptions to foreign
publications. The Caribbean Contact, a monthly regional
newspaper published in Barbados that is consistently critical
of the Guyanese Government, is freely available and sold
locally for Guyanese currency. Newsweek is the only
international news magazine still sold for local currency.
While Guyana does not have an official public television
station, satellite television transmission from the United
States is rebroadcast by two local businessmen. They also
carry regular broadcasts of Cable Network News. Foreign and
regional radio stations can be heard on mediumwave and
shortwave .

The country's only radio station, Guyana Broadcasting
Corporation (GBC) , is highly selective in reporting the views
and activities of opposition parties, although it reported on
them more frequently in 1986 than in the past. Some of GBC ' s
radio interview and commentary programs allow public criticism
of the Government, but in general they faithfully reflect
government policies. The Government still carefully controls
information on its activities and operations.

The Government's record on academic freedom is good. Several
opposition activists in the WPA and GHRA teach at the
University of Guyana. Opposition parties have organized
student groups there.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees this freedom, and in general it is
observed. However, under the Public Order Act, police permits
are required for open political meetings. At his discretion,
the police commissioner can refuse permission for a meeting
without explanation. In the past, opposition political
parties have complained of delays in receiving permission from
the police. GHRA cited five incidents where permits were
denied or delayed.

Workers in Guyana are free to join unions and to strike.
Every year the government-owned sugar industry is hit by a
number of wildcat strikes; 1986 was no exception. The
Government has the authority to declare any strike "political
or illegal" but has not done so since the late 1970 's.

The Guyana Trade Union Congress (TUC) is the sole national
labor union federation; its 70,000 members and 24 affiliates
constitute the entire unionized work force. TUC is
responsible for centralized collective bargaining as the
result of the controversial 1984 Labor Amendment Act, which
gave the TUC, rather than individual labor unions, the right
to bargain on behalf of workers. In March a court ruling on
the constitutionality of the 1984 Labor Act struck down two
provisions which designated the TUC as the sole bargaining
agent for public sector workers and authorized the President
to freeze and to set public sector wages. The Government won
a stay of the decision pending appeal. TUC presents
grievances to the Government and also referees interunion
representation disputes. TUC also operates a labor college

528

GUYANA

and participates in international labor forums through its
affiliation with the Caribbean Congress of Labour and the
International Confederation of Free Trade Unions. Over half
the TUC unions are either linked to or support the ruling
PNC. Seven unions, including the two largest, are associated
with the PPP, the WPA, or are politically independent.

Until September 1984, progovernment unions, which continue to
have disproportionate voting power in electing the TUC
executive board, dominated the TUC. At the 19 84 annual TUC
conference, dissident unions narrowly won control of the
executive board, but the PNC regained strong representation in
the September 1986 TUC election. Legal actions brought
against unions which are in opposition to the Government
appear designed to frustrate union activity.

Like the unions, trade associations, private organizations,
and other professional bodies freely maintain relations with
recognized international groups in their fields.

c. Freedom of Religion

The Constitution guarantees freedom of thought and religion,
and there is complete religious tolerance in Guyana.
Christians, Hindus, Muslims, and Baha'is are free to practice
their religions without restriction. There is no favored or
official state religion. In the past, foreign missionaries
were permitted to enter the country to proselytize. In
January 1986, Guyana expelled a British Jesuit priest, a
long-time resident, apparently as part of a crackdown on
foreign religious leaders and clergy who question the political
system in Guyana. A Barbadian bishop who sought to incestigate
the priest's expulsion was denied entry into the country.
Other foreign Catholic priests seeking to renew their resident
visas encountered bureaucratic delays and were only able to
obtain limited extensions. Following the 1985 elections, the
government-owned newspaper published personal attacks on Roman
Catholic and Anglican bishops for accusing the PNC of election
fraud and interference with the right of citizens to vote.
The homes of Anglican and other Christian church leaders who
had questioned the fairness of the elections were searched.
Newspapers in the Caribbean, North America, and Europe
published articles alleging repression of churches in Guyana.
According to the GHRA, the commissioner of police subsequently
wrote letters of apology, stating that the searches were
unauthorized.

Despite the allegations of harassment of churches and clergy,
in September the Sisters of the Missionaries of Charity,
founded by Mother Teresa of Calcutta, were received by Prime
Minister Hamilton Green and given permission to work in
Guyana. In November President Hoyte attended the Triennial
Anglican Synod held in Georgetown and hosted a reception in
the bishops' honor.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within Guyana is guaranteed by the
Consti-tution and is permitted. However, since colonial times,
travel to certain Amerindian areas requires government
permission. Guyanese are free to travel abroad, to emigrate,
and to return to Guyana. Occasionally, opposition politicians
have been stopped and searched at the international airport,
but GHRA reported that in 1986 the number of these searches

529

GUYANA

diminished. According to the United Nations definition of
"refugee," Guyana is neither a refugee receiving nor
generating coxintry. There are no displaced persons, and
citizenship is not denied on political grounds.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Guayanese freely express their political views and are free to
join or support a variety of political parties. While these
parties are able to voice their views through the publication
of party newspapers, they do not have significant access to
the government-owned media. In 1986 opposition parties
complained that they continue to experience difficulties in
obtaining police permission to hold political rallies. For
over 20 years, former President Burnham, with the assistance
of the PNC party machine, completely dominated Guyana's
political, economic, and social life. On August 6, 1985, he
died and was succeeded by then Prime Minister Hoyte. In
December 1985, running as the PNC candidate. Prime Minister
Hoyte was elected President in his own right.

After the 1985 elections, opposition leaders including the
Communist PPP leader Cheddi Jagan joined forces to form the
Patriotic Coalition for Democracy (PCD) . The PCD together
with the GHRA claimed the election was marred by ballot box
stuffing and harassment of opposition poll watchers. GHRA
charged in its 1986 report that the counting of votes was
generally in the hands of the ruling PNC party. In contrast
to the 1980 elections, all opposition members accepted their
seats in the unicameral National Assembly.

Under President Hoyte, there have been several indications
that a movement toward political reform and representation is
in progress. The President has banned overseas proxy and
postal voting, and preliminary voters' lists were provided to
all political parties. In October he announced that municipal
elections would be held in December. Subsequently the
opposition decided to boycott the elections. All 91 of the
PNC-nominated candidates, among whom were some political
independents, were declared elected by default.

Constitutionally, all citizens 18 years of age or older are
eligible to participate in the political process and to vote.
Women have equal legal status. Opposition parties vigorously
criticize the Government.

President Hoyte has appointed a number of Indo-Guyanese to
ministerial and other government positions. Nevertheless race
is still a factor in political life in Guyana, and parties are
still basically organized along racial and ethnic lines, a
situation that predates independence. Although President Hoyte
is opening up the ruling PNC to other national groups, the
party remains predominantly Afro-Guyanese. The largest
opposition party, the PPP, is almost exclusively
Indo-Guyanese. The WPA, which won its first parliamentary
seat in 1985, has a multiracial collegial leadership.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government regards outside criticism of its human rights
practices as interference in internal affairs. In 1986 the
government-owned media continued to pay increased attention to

530

GUYANA

human rights matters, reporting more frequently on cases of
police abuses and subsequent investigations.

GHRA is a nongovernmental organization formed in 1979 with
support from trade unions, professional organizations, and
churches. GHRA issues periodic press releases and publishes
an annual report on human rights in Guyana. It gathers
information from members, victims of abuse, trade unionists,
churchmen, other interested parties, official documents, and
newspapers. The association seeks to pressure the government
to recognize human rights concerns and implement adequate
structural reforms. It has been hampered in its campaign by
not being able to document and detail its findings.

The Government strongly denounced GHRA's 1985-86 report which
contained accusations of police brutality, excessive use of
force, and discrimination against Amerindians. The
Government ' s response to GHRA took the form of vehement
denunciations of unspecified religious leaders. Anglican
Bishop Randolph George, a copresident of GHRA, was subjected
to repeated personal criticisms in the government -owned Guyana
Chronicle. While denying GHRA's charges, however, the
Government made no specific response to any of its allegations
of wrongdoing.

Although the Government rejects outside criticism of its human
rights practices, it has frequently criticized violations in
South Africa and Namibia.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution prohibits racial discrimination and
discrimination against women. Although women are found in
limited numbers in all positions of employment, they continue
to occupy traditional roles as homemakers.

There is no pattern of discrimination in housing, employment,
education, or other social services. Education and medical
care in the Georgetown hospital are free, although the quality
of the services is poor. Guyana has a minority population of
ethnic Amerindians, composed of nine tribal groups, living in
scattered reservations throughout the interior of the
country. Relative to most Guyanese, their standard of living
is low.

The GHRA claims that Amerindian human rights are constrained
through government control of their leaders, land titles, and
access to their reservations by priests and other outsiders.
However, due to the general poverty of the nation, the
Amerindians seem to suffer more from neglect than any policy
of active discrimination.

CONDITIONS OF LABOR

The legislative basis for regulation of conditions of labor is
the Factories Act of 1947, enacted when Guyana was a British
colony. By government policy but not by legislation, no one
under 13 years of age can be employed outside the family.
According to the Factories Act, no one under 14 can be
employed in any factory (except for a family-owned operation
that employs only family members) and no one from 14 to 17 can
be employed to work between the hours of 6 p.m. and 6 a.m.
The Ministry of Manpower has in practice so extended the law's
original definition of "factory" that nearly all workplaces.

531

GUYANA

except for offices and rental shops, are now considered to be
"factories." The Factories Act also provides the basis for
government regulation of occupational safety and health
standards. The 8-hour day is the norm. Office workers have a
40-hour workweek; factory and field workers have a 44-hour
workweek. Workers are paid either by time or by task.

The Ministry of Manpower's enforcement of standards — whether
legislative or government policy — in the workplace is severely
limited by shortage of funds and shortage of qualified and
appropriately experienced personnel at all but the senior
levels .

532

U.S.OVERScftS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: GUYANA

1984

1985

1936

I. ECON.
LO
GR
A. AID
LO
GR
(S£C
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.)...

FOR PEACE

ANS .. .

ANTS

I-TOTAL

. IN $-LOANS

IN FOR. CURR

II-TOTAL ■

lEF.EC.OEV S WFP.
ELIEF AGENCY.. ...
R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS ,

NARCOTICS ,

OTHER

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
O.D
0.0
0.0

o.o

0.1
0.0

0.1

0.0
0.0
0.0
0.0
0.1
0.0
0.1
0.0
0.0
0.0
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.E0.TRN3. ,
D. IRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS

0.3
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1
0.0
0.1

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0

OTHER us LOANS. ..,
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1936

1946-36

TOTAL

40.8

55.1

0.0

349.4

IBRD

0.0

d.o

79.4

if:

0.0

1.7

0.0

3.7

IDA

3.0

8.B

0.0

47.3

ID3

43.7

44.1

0.0

196.8

AD3

3.0

0.0

AFD3

0.0

UNDP

3.1

0.5

' 0.0

20.3

OTHER-UN

3.0

0.3

0.0

1.9

EEC

3.0

0.0

533

HAITI

After months of mounting unrest, President-f or-Life Jean-Claude
Duvalier fled Haiti on February 7, 1986. This ended the
hereditary dictatorship begun by his father, Francois Duvalier,
in 1957. The National Governing Council (CNG) replaced
Duvalier and is presently composed of three members:
Lieutenant General Henri Namphy, President, Colonel Williams
Regala, and Jacques Francois. On assuming office, the CNG
suspended Duvalier 's 1983 constitution and currently rules by
decree. It has largely retained the inherited government
structure while replacing most senior officials. The CNG at
its inception stated that its primary goal was to oversee a
transition to a freely elected government. To this end, it
announced on June 7 a comprehensive program for building
democratic institutions, to culminate in the inauguration of an
elected president and legislature on February 7, 1988.

The CNG committed itself to the protection of human rights and
the end of the systemic repression of the Duvalier regime. In
one of its first acts, it freed all political prisoners. It
also dissolved the Volunteers for National Security (VSN) or
"Tontons Macoute," Duvalier 's secret police. All defense and
police functions are now performed by the Haitian armed forces,
an integrated organization composed of army, navy, air force,
and police elements.

The CNG has instituted basic freedoms of expression and
association. The press now functions without restraint.
Dozens of political parties have emerged, and Haitian
politicians are attempting to build electoral support. The CNG
has issued two decrees governing the press and political
parties, respectively. Both decrees have been criticized as
unduly restrictive, but in practice, press and political
activity have flourished without hindrance by the Government.

Extreme poverty, a weak economy, and a deteriorating
environment remain Haiti's most urgent problems. Haiti is the
poorest country in the Western Hemisphere. Few social services
are available to the average Haitian; a CNG goal is to improve
living standards Economic reforms have reduced prices of
certain staples such as gasoline and cooking oil.

Virtually all Haitians welcomed Duvalier 's ouster and the new
opportunities it provided. However, the CNG has moved only
gradually to make changes many Haitians and other observers
expected. Haitians have manifested their impatience in several
periods of unrest since Duvalier s departure. Often stimulated
by agitators, they have marched and demonstrated during these
periods. There have been about a dozen deaths at government
hands, generally during confrontations with police and military
forces; approximately three soldiers and police also have
died. While the Government has implemented positive human
rights measures, incidents contrary to CNG policy demonstrate
that further progress remains to be made, especially in the
prof essionalization of the security forces.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

Since February 7, there is no evidence that the Government has
singled out individuals and killed them for political motives.

534

HAITI

However, there have been several instances where people have
been killed during confrontations with government forces;
government personnel acting in a private capacity also have
exceeded their authority and killed people. The Government
has investigated several such cases and has prosecuted in at
least one of these.

The most serious incident occurred April 26 at Fort Dimanche, a
military base and, under the Duvaliers, a political prison.
Early that day, a commemorative mass took place to honor
victims of a 1963 massacre by the regime of Francois Duvalier.
Thousands of mourners then marched peaceably to Fort Dimanche
where a confrontation developed between the few police officers
present and a separate group of agitators. The police opened
fire after rocks and other debris were allegedly thrown. Three
persons were killed; four others died when an electrical line
fell. The Government announced that it would investigate the
tragedy. However, no report has been issued nor has
anyone — police or agitator — been arrested. Another incident
occurred February 26, when security forces shot and killed one
person at the home of a former Duvalier regime official in
Port-au-Prince during a curfew imposed because of unrest. The
victim and about a dozen others were in the house when security
forces arrived and, apparently with no explanation, began
beating some of those present. On March 19, in a violent
encounter in Port-au-Prince, gunfire from soldiers resulted in
one to five deaths (the number is unknown). The Government
issued a report on this incident late in 1986; this report did
not find the Government at fault. On June 6, government
security forces shot and killed a man in Port-au-Prince during
a confrontation between protestors and government forces.

Army Adjutant Robesse Metellus was charged with killing a
public transport driver in October. He was subsequently tried,
convicted, and sentenced to prison.

Government security personnel have also been the victims of
violence. One police sergeant was shot and wounded May 30 by
demonstrators in Port-au-Prince. On June 4, an unknown
assailant shot and killed a police sergeant. Neither case has
been solved. A police station in the Cite Soleil slum was
attacked September 19 and two police officers were killed. On
October 1 and 2, the Armed Forces announced that three men had
been arrested in connection with the attack and two others were
being sought.

The Government has prosecuted several Duvalier regime security
officials accused of murder and other crimes, and has charged,
or said it would prosecute, about 20 others. On April 4, a
court-martial sentenced a warrant officer co 1 year in prison
at hard labor for having ordered the fatal beating of a
Gonaives schoolmaster in 1985. An 18-day court-martial
convicted Lt . Col. Samuel Jeremie of homicide May 30 and
sentenced him to 15 years' imprisonment. Jeremie was found
guilty of a 1984 murder and of mass killings in Leogane in
January 1986. After a 15-hour trial in July, a 12-member jury
convicted former secret police chief Luc Desyr of the murder of
a man and his wife in 19 55. Desyr was sentenced to death. He
remains in custody.

On July 22, a court convicted Edouard Paul of the disappearance
and death of Pierre Denis in 1969. Paul, the former director
of the Government's literacy office and of the Duvalier
political movement CONAJEC, was sentenced to 3 years'

535

HAITI

iitiprisonnient and fined US$180,000. The trial lasted 15
uninterrupted hours.

On September 11, two former secret police officials were
convicted in absentia and sentenced to death as accomplices in
two murders. The court a3so awarded the victims' estates
US$400,000 damages. The Government has an extradition request
before a Brazilian court for former police chief Albert Pierre
so he can stand trial for multiple crimes.

b. Disappearance

In a widely publicized case. Chariot Jacquelin, a Catholic
church literacy worker disappeared September 19. Witnesses
said several civilians and one man in military fatigues took
Jacquelin from his home to a police station, where they were
met by eight men in blue police uniforms who took Jacquelin
away. He has not been seen since. Jacquelin's disappearance
sparked controversy and some unrest. Both civil and military
officials denied any knowledge of Jacquelin's whereabouts.

The Government released 28 political prisoners on February 7.
The whereabouts of several political prisoners from the
Duval ier era, however, remain unknown. The Government
maintains that all political prisoners found in prison were
freed on February 7, and that any persons still missing must be
presumed to have died in custody. Family members and
associates of the missing continue to seek definitive reports
from the authorities in each case. No such reports were issued
in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Several persons complained they were physically abused by
police when arrested at demonstrations. However, there is no
credible evidence of torture or cruel, inhuman, or degrading
treatment or punishment under the CNG . Prison conditions in
Haiti are poor.

d. Arbitrary Arrest, Detention, or Exile

The CNG ended the arbitrary arrest and detention of political
opponents. Under Haitian law, a person may be arrested or
detained if apprehended during the commission of a crime or
pursuant to a judicial warrant based on evidence justifying the
arrest. In all cases not involving the actual commission of a
crime or issuance of a warrant, the person arrested must be
brought before a judge within 48 hours to determine if a legal
basis exists for the arrest. If the judge so determines, the
person may be detained for further legal process. Otherwise,
he is released.

In addition to the laws governing arrests, Haitian law requires
that a suspect be formally charged at least 2 weeks before
trial. The law permits the accused to meet with an attorney
immediately before trial, although defendants are often able to
meet informally with counsel shortly after arrest. There is no
public defender or bail system in Haiti; judges may, however,
grant "provisional liberty" to a prisoner. A case may be
brought before a jury or, in the case of military personnel, a
court-martial. Defendants may appeal judgments within 3 days
of conviction.

66-986 0-87-18

536

HAITI

The entire Haitian legal system is recovering from abuse and
neglect during the Duvalier era, when it had little
independence. In cases of arrest of political activists since
February, the system appears to have operated generally in
accordance with legal requirements. In October army units
arrested three anti-CNG activists, apparently for disturbing
the peace; all were released 3 days later on court orders. On
October 6, military forces in Les Cayes arrested a prominent
anti-Duvalierist on charges of being a public nuisance. He was
later released, and no legal action against him is pending.
Cap-Haitien police arrested a Catholic literacy worker in
October. They notified Church officials promptly.

Except for those associated with Jean-Claude Duvalier who fled
Haiti on or after February 7, there are no Haitian political
exiles. Those exiled under the Duvalier regime have been
invited by the CNG to return to Haiti; many have.

Forced or compulsory labor, other than prison labor, is not
employed in Haiti

e. Denial of Fair Public Trial

Trials in the Jeremie, Desyr , and Paul cases were public and
received full media coverage. Juries and courts-martial were
properly constituted. The defendants were represented by
attorneys, who themselves faced public criticism for taking the
cases. In each trial, the accused confronted witnesses and was
allowed to cross-examine them, through counsel, and to make
statements on his own behalf.

The difficulties of conducting fair trials for Duvalier
officials charged with murder and other crimes were
demonstrated in April in the case of Adherbal Lherisson.
Prosecutors could not begin his trial in Cap-Haitien because
witnesses were unwilling to testify, and there was a problem of
obtaining evidence in a case 2 decades old. Rioters then
burned down the prosecutor's house and ran the defense lawyer
out of town. The trial is still scheduled, perhaps with a
change of venue.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There is no interference with individual privacy or the
sanctity of the family, home, or correspondence.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The CNG has promoted free speech and press freedom. Public
debate is robust. Criticism of the Government and its
officials is prominent in all media, including the state-owned
daily newspaper Haiti Liberee, Radio Nationale, and Television
Nationale d'Haiti.

No journalists have made credible allegations of official
censorship or intimidation. Twice, journalists at the
state-owned media have implied or complained of CNG
interference with editorial content. In neither case were the
allegations substantiated.

There are several privately owned daily and weekly newspapers
and radio stations and one television station. All have

537

HAITI

criticized the CNG with no apparent interference from the
Government. Church-owned radio stations are prominent in
Haiti. The Catholic and Protestant churches operate Radio
Soleil and Radio Lumiere, respectively. Both served as
important sources of news and commentary during the last months
of the Duval ier regime. Both continue to provide news, and
their commentaries often are critical of the CNG. There is no
indication that the Government has interfered with their
operations .

Foreign publications are freely sold and distributed in Haiti.
Several weeklies produced by Haitians in the United States and
other once-prohibited foreign publications have become freely
available in Haiti since the CNG assumed power. At least one
U.S. -based publication has opened a local office.

On July 31 the CNG issued a comprehensive press decree which
has been the target of intermittent public criticism. It does
not appear, however, to have inhibited the press in any way.

b. Freedom of Peaceful Assembly and Association

The CNG permits freedom of assembly and association. Many
political parties, human rights groups, and other associations
have formed and become active. People have assembled publicly
with little government interference since Duvalier's departure
and have expressed many opinions, some highly critical of the
CNG. The Government has, however, reacted with force when
marches and demonstrations were believed to threaten public
order or safety.

The Ministry of the Interior and National Defense issued
regulations in May requiring groups planning marches to obtain
permits from local police at least 72 hours in advance. Groups
were required to designate marshals and coordinate marchers'
security with the police. These regulations had little
practical effect until early October, when police began
enforcing them and put a stop to several unauthorized
protests. Although the Government has generally allowed groups
to demonstrate, it took forceful action in cases where marches
threatened public order, increasingly so toward the end of
1986. In several instances there were deaths and injuries on
both sides. According to the Government, excessive police and
army use of force generally results from inexperience,
overreaction, provocation, or lack of service discipline. The
Government states that excessive use of force does not reflect
its policy.

Dozens of political groups and parties have emerged since
February 7. A few existed in Haiti under Duvalier but operated
cautiously. Others were formed abroad by exiles and now
function in Haiti. New parties range from paper organizations
to a few which claim large and well-organized memberships.

On July 30, the CNG issued a political parties law guaranteeing
the right of citizens to form political parties, and containing
provisions governing the organization, registration, and
functioning of parties. Reaction to the law has been diverse.
Some politicians said they would comply with the law; others
attacked one or another provision, or rejected it. In spite of
this, the law does not appear to have inhibited political
activity and in fact has served as an additional point for
public debate.

538

HAITI

Many human rights, political, and other civic organizations
have been active in Haiti since February 7. As with the
political parties, they range from the ephemeral to relatively
well-organized and sophisticated associations. Some groups
have sponsored public conferences and seminars concerning human
rights and democracy. The League of Former Political Prisoners
organized two conferences in August and September on
constitutionalism and human rights. In October, the
International Institute of Haiti for Research and Development
organized a seminar on the electoral process that featured
election experts from several countries. These conferences and
seminars have been conducted with no government interference.

Trade unionism is in its infancy in Haiti, even though the
Duvalier labor code guaranteed the right of workers to organize
unions and seek international affiliation. Today the leading
union federation in terms of membership in affiliated unions is
the Federation of Union Workers (FOS). By October 1986, 16
legally-registered and 6 unregistered unions were associated
with FOS, which claimed an aggregate membership of 2,800. FOS
is apolitical, concerned with traditional labor-management
issues. It has worked with the International Confederation of
Free Trade Unions (ICFTU). Two other trade union organizations
operated in Haiti in 1986. One is the Autonomous Central of
Haitian Workers (CATH/CLAT) , affiliated with the World
Confederation of Labor. Its membership is estimated at several
hundred. The other organization is an offshoot of CATH/CLAT.
Employer organizations joined to promote their interests with
labor and government in the Alliance of the Private Sector for
Development. Besides retaining the pre-existing labor code,
the CNG issued two decrees bearing directly on labor issues.
One created a mixed commission to establish wages when there is
a labor-management conflict over pay scales. The second
defines the circumstances under which a strike or lockout is
legal .

Although the labor code and these decrees provide a framework
for relations between labor, management, and government,
organized labor's success in negotiations with management has
been limited. In the period immediately after Duvalier 's
departure, there were many wildcat strikes. These strikes
diminished as workers realized their expectations were
sometimes unrealistic; retaliation by employers increased, and
some ceased operations in Haiti. Some labor-management
disputes were resolved or averted through intervention by labor
union officials. Although strikes and walkouts decreased,
disputes continued periodically. Several workers were fired
illegally for legal union activity. In response, FOS in
October appealed for help to ICFTU and the Inter-American
Commission on Human and Trade Union Rights. Other labor
organizations complained to labor and human rights groups
outside Haiti. One typical case involved a worker who attended
a labor training course in Washington sponsored by the American
Institute for Free Labor Development, and was fired for that
reason.

The Haitian Government's real commitment to fostering trade
unionism remains to be demonstrated. Although legal mechanisms
guarantee unions and workers various rights and privileges,
employers wield much influence because unemployment remains
high (estimated in the 50 percent range), resources are few,
and investment is crucial to economic development. The
Government has failed generally to enforce labor laws, often to
the detriment of management as well as workers. For example,
workers at one U.S. -owned plant went on strike following the

539

HAITI

firing of a union leader. The government took no legal action
against the workers or the company.

c. Freedom of Religion

Roman Catholicism is the official religion of Haiti and is
embraced to varying degrees by about 75 percent of the
population. Voodoo, a religion combining Christian and African
animist elements, is also practiced by a majority of Haitians.
All other religions are freely practiced by their adherents.
The Government does not interfere with proselytizing,
missionary activities, sects that affiliate with overseas
coreligionists, or religious instruction and publishing.

After Duvalier's departure, elements of the rural population
attacked many voodoo priests, reportedly because of their
"pagan" beliefs and supposed VSN or Duval ier ties. Many were
reported murdered. The Government was not involved in this
activity and in several cases offered protection to those
threatened.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government does not normally restrict domestic travel of
citizens or foreigners. A sparse network of military
checkpoints operates irregularly across Haiti, and foreigners
and interurban transports are sometimes required to register
before entering some towns. Police enforce this requirement
much less rigorously than during the Duvalier era. There are
no restrictions on persons changing their residences or places
of employment.

Haitians are legally required to obtain passports and exit
visas of limited validity before leaving the country. Reentry
visas, obtained from Haitian consulates abroad, are
theoretically required of those who have been out of Haiti for
a long period; the requirement is not normally enforced.
Travel documents are neither issued nor denied on the basis of
political considerations. Expatriates are free to return to
Haiti, and many regularly do so. The Government encourages
skilled Haitian emigrants to return. Many have done so.
Immigration officials at Port-au-Prince maintain and use a list
of persons to be prevented from leaving or entering the country
for criminal, security or other reasons.

Large numbers of Haitians continue to attempt to leave Haiti
for economic reasons. Their primary destination is the United
States. Pursuant to a 1981 U.S. -Haitian agreement on the
interdiction of undocumented migrants, about 3,000 illegal
migrants were repatriated to Haiti by the U.S. Coast Guard in
1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The CNG's stated purpose is to provide a transition to a
democratic government. On June 7 it announced a calendar for
political reform that will culminate in 1988. Intermediate
steps include election of rural councils, an advisory
"consultative council," and a constituent assembly to draft and
present a new constitution for approval in a referendum;
enactment of press and political parties laws; and municipal,
local, legislative, and presidential elections, the last two in
November 1987. The CNG completed all steps on schedule, with

540

HAITI

no evident fraud or deception. Elections for rural councils
took place in September. The Consultative Council assumed
office on September 29 after elections earlier in the month.
On October 19, a national election for members of the
Constituent Assembly took place. The Assembly consists of 41
elected members, 1 from each voting district, and 20 members
appointed by the CNG . Prior to the election, the CNG appointed
9 constitutional experts to write a draft constitution as a
point of departure for the assembly. They began work in
mid-October .

These elections did not arouse a great deal of public interest
or participation. Observers attributed this to Haitians'
inexperience with free elections, mass illiteracy, uncertainty
about procedures, distrust of the CNG, and a lack of civic
responsibility and participation by political parties and
pressure groups. The Government did not provide clear
instructions well enough in advance to give voters a good idea
of the significance of and procedures involved in each
election. Rudimentary voting procedures were employed. For
the constituent assembly election, voting assistants helped
illiterate voters indicate their choices, and marked their
hands with indelible ink to prevent multiple voting. Observers
estimate that only 5 to 10 percent of eligible voters actually
cast ballots. Nevertheless, the Government, operating with
little experience, few technical resources, and a cramped
timetable, met its electoral commitments. That it did so in
the face of multiple handicaps impressed many observers.

Politicians did little to encourage voter participation.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In December President Namphy met with the United Nations Human
Rights Commission's Special Rapporteur on Haiti to discuss
human rights developments. In addition, members of the CNG and
other government officials met with representatives of Americas
Watch and the Center for Electoral Promotion and Assistance,
which is affiliated with the Inter-American Institute of Human
Rights. The CNG has agreed to meet with the Organization of
American States' Inter-American Human Rights Commission (lAHRC)
in January 1987 to explore ways the lAHRC can support Haiti's
democratic transition.

The Government has not interfered with Haitian human rights
groups that have formed international connections. For
example, the League of Former Political Prisoners sponsored a
seminar in August with the participation of Amnesty
International and the Academy of Human Rights of Mexico.

In October cabinet ministers participated in a workshop for the
Formation of Promoters of Human Rights. This conference was
sponsored by the Latin American Association for Human Rights
and the National Haitian Commission for Cooperation with
UNESCO, and featured participants from several countries.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The role of women in Haitian society is limited by tradition.
Since 1982, there has been no legal discrimination between the
sexes: women enjoy full rights in education, property, voting,
and such social prerogatives as divorce. Particularly among

541

HAITI

peasants, however, women are still confined to the traditional
occupations of marketing, sewing, and housekeeping.
Middle-class women comprise a large proportion of the work
force and dominate secretarial, teaching, and nursing
positions. In recent years, there has been progress in
senior-level employment of women in the private sector.
Greater opportunities are generally available to women in the
government bureaucracy. There have been a few women occupying
second level positions in the ministries in the last several
years, even under the Duval ier regime. Women are well
represented at the mid- and upper-level managerial ranks. A
woman served as the mayor of Port-au-Prince in 1986, and the
CNG has appointed women to several advisory bodies. Women may
serve in the armed forces, however, only as nurses.

CONDITIONS OF LABOR

The labor code mandated a daily minimum wage that in 1986 was
US$3.00 per day in Port-au-Prince and US$2.60 per day in the
rest of Haiti. The minimum age for even limited employment was
12. Fierce adult competition for factory jobs ensures that
child labor is not a factor in the industrial sector. Many
children, however, especially young teenagers, work long hours
in cottage industries for less than the minimum wage.

542

U.S.OVERScAS

-LOANS AND GRANTS- OaLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: HAITI

1934

1985

1936

I. SCON.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
5.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS ,

ANTS

I-TOTAL

. I^J $-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.DEV ?, WFP,

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS ,

B. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. .
D.TRAN-EXCESS STOCK,
£. OTHER GRANTS ,

III. TOTAL ECON. 8 MIL,

LOANS

GRANTS ,

46.5

55.6

48.5

11.0

15.0

0.0

35.5

40.6

48.5

25.7

30.7

46.9

0.0

25.7

30.7

46.9

5.1

5.0

21.3

19.8

23.2

0.0

11.0

15.0

0.0

8.3

8.2

0.0

11.0

15.0

0.0

11.0

15.0

0.0

8.8

8.2

0.0

0.1

0.6

0.0

8.7

7.6

0.0

1.0

1.7

1.6

0.0

1.0

1.7

1.6

0.4

1.0

0.9

0.0

3.0

0.0

0.6

0.7

1.0

0.7

1.9

0.0

1.0

0.7

1.9

0.3

1.7

0.0

0.7

0.4

0.2

0.0

47.5

56.3

50.4

11.0

15.0

0.0

36.5

41.3

50.4

OTHER US LOANS. .. ,
EX-IM BAN< LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.4
0.0
0.4

0.0
0.0

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

38.1

45.7

0.0

536.3

IBRD

0.0

2.6

if:

0.0

3.2

IDA

19.1

32.1

0.0

256.4

ID3

17.4

11.9

0.0

220.4

AD3

0.0

AFD8

0.0

, 0.0

0.0

UNDP

1.6

1.7

0.0

40.0

OTHER-UN

0.0

o:o

0.0

13.7

Es:

3.0

0.0

543

HONDURAS

Honduras' return in 1982 to democratic, constitutional rule
was consolidated in November 1985 by national elections,
marked by over 80 percent voter participation. A new
President, three vice presidents, 134 members of the
unicameral National Congress, and several hundred municipal
officials were elected for 4-year terms.

Honduras is among the economically least developed nations in
Latin America. Although 1985 and 1986 saw inflation largely
under control and positive economic growth, per capita income
declined, and economic problems remain severe. Combined
unemployment and underemployment exceed 50 percent of the work
force. Honduras has a mixed economic system in which private
sector economic production receives significant government and
international support. A number of government-owned,
autonomous agencies provide both goods and services; the
public sector is the single largest employer.

In 1986 Honduras continued to feel the effects of civil strife
in neighboring countries, including external efforts to
promote subversion in Honduras. Honduran media reports cited
figures of more than 150,000 refugees and undocumented aliens
in the country, but informed estimates place the number closer
to 80,000.

The Armed Forces are traditionally responsible for Honduran
internal and external security. Closely linked to rural
Honduras and to the economic middle class, they have generally
supported the democratic process and broadly based social and
economic development. Under the 1982 Constitution, the
military services have substantial responsibility for
decisions related to national security, although they remain
under the authority of the elected government. The Public
Security Force (FUSEP) , a branch of the Armed Forces, serves
as a national police force. Commanded by an army officer, it
also has limited military capabilities.

Since taking office at the beginning of 1986, President
Azcona, as well as the current military leadership, have
publicly stressed the importance of observing and respecting
human rights in Honduras. The nation enjoys a vocal political
opposition, a free press, and a generally good human rights
record. Although the Constitution stipulates various judicial
rights, the administration of justice remains slow, uneven,
and subject to improper political and other influences. A
national program to improve the judiciary is being implemented
with the assistance of the United States, and the judicial
budget has been substantially increased for 1987. Problems
remain, however, including the mistreatment of detainees and
the incommunicado detention of accused persons for more than
the 24 hours allowed by law.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There have been no substantiated accusations of politically
motivated deaths since early 1984. The May 1986 shooting
death of labor leader Cristobal Perez initially prompted
charges of political assassination; subsequent evidence
suggests his death resulted from a factional dispute within

544

HONDURAS

the Honduran radical left. The discovery in July of several
corpses in Tegucigalpa was accompanied by charges of death
squad activity. Three men, reported to have been death squad
victims in this incident, were later discovered alive when
they were apprehended in the act of burying the bodies of
three other alleged death squad victims. Police believe that
the death squad allegations were designed to cover criminal
activity. An alleged subversive died in October while in
custody of the police. A subsequent police investigation
corroborated reports that he was shot as he tried to overpower
one of his guards.

b. Disappearance

There was no evidence to substantiate occasional public
allegations of politically motivated disappearances. Human
rights organizations continued to demand an accounting in 118
cases of alleged disappearance between 1974 and 1984. A 1985
Armed Forces investigative report stated that there was no
information to substantiate the alleged disappearances. Three
cases of alleged disappearance in 1981-82 are pending before
the Inter-American Human Rights Court.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited under the law; however, physical and
psychological mistreatment of prisoners does occur. Known
abuses include beatings, humiliation, and at times more severe
punishment. Prisons are crowded, and medical attention for
prisoners is poor. Prisoners are allowed visitors during
regular hours, and many depend on these visits for food and
personal supplies. Due to the inefficiency of the court
system, as many as one-third of those in prison at any given
time have not been tried and convicted of any crime.

Extrajudicial confession is the most common basis for holding
a prisoner. Judges may dismiss a case if it is determined the
confession was forced. Police claim that this procedure
encourages false allegations of torture. Nevertheless, the
Government has acted to prevent such abuses. It fired the
director of the Danli penal farm in July for physical abuse of
prisoners, and suspended more than 20 FUSEP officers in San
Pedro Sula over the course of 1986 for offenses that included
mistreatment of detainees.

d. Arbitrary Arrest, Detention, or Exile

The judicial system remains cumbersome and often inequitable.
Honduran law requires that a person be presented to a judge
within 24 hours of arrest and that the judge decide within 6
days whether sufficient evidence exists to try the accused.
In practice, these rules are not always followed. Persons
accused of subversive or terrorist activities frequently are
held incommunicado for several days or, at times, even weeks.
The number of such abuses is believed to be small. In 1986 a
continuing U.S. Government-supported Administration of Justice
program trained Honduran police and judicial officials in an
effort to address the many deficiencies and inadequacies
present in the judicial system.

A writ of habeas corpus can be filed with the Supreme Court to
locate a person believed to be detained. The courts and the
FUSEP have been increasingly responsive to these writs.

545

HONDURAS

Sentenced prisoners generally receive such privileges as
conjugal visits, permission to produce merchandise for private
sale, and liberal furloughs.

Forced or compulsory labor is not practiced.

e. Denial of Fair Public Trial

Honduran law provides for fair trial, although social and
economic status are factors in the dispensation of justice.
Detainees are. allowed to contact lawyers, and bail rules are
liberal. Public defenders are available in theory, but the
system is not effective in practice. Although a new penal
code went into effect in 1985, judicial guidance in
implementing it has been minimal, and few substantive changes
have resulted; a revised code of procedures, which also took
legal effect in 1985, has yet to be published.

No secret tribunals exist, and the Government does not hold
political prisoners as that term is used in these reports. In
March the new Congress granted amnesty to 31 persons described
locally as "political" prisoners. The Honduran penal code
considers a broad range of criminal acts, when committed with
political motives, to be crimes against the State. Persons
convicted of such crimes are commonly referred to as
"political" prisoners.

Supreme Court justices are appointed by the Congress for
4-year terms. The Supreme Court administers the court system
and appoints all other judges, including justices of the
peace. The Constitution provides for judicial independence,
although the courts are subject to partisan political
influences. In 1986 a political pact apportioned Supreme
Court positions between the governing Liberal Party and the
opposition National Party.

A positive development is the increased involvement of the
Honduran Bar Association in the administration of justice.
The Association was instrumental in explaining to the public
the new penal code of 1985 and has sponsored regular seminars
and forums on judicial issues.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government normally does not interfere with the private
lives of its citizens. Citizens are free to affiliate, move,
and live as they choose. Telephonic and written
correspondence is generally free from monitoring, although
wiretaps occur for criminal investigations and for national
security purposes. Some officials and private persons have
claimed that security forces monitor their movements but have
not presented convincing evidence to support the allegations.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech, and the
Honduran press prints all viewpoints. Local radio stations —
there are over 100 — broadcast numerous programs which allow
free expression of opinion. The four television stations,
which broadcast on nine frequencies throughout the country,
are privately owned. Freedom of the press is widely

546

HONDURAS

respected; both the newspapers and radio stations openly
criticize the Government, the courts, and the Armed Forces
without fear of reprisal. In August a bomb damaged the car of
an outspoken radio commentator and led to charges of
intimidation; responsibility has not been established to
date. The offices of the conservative daily. La Prensa,
sustained damage in a bomb explosion in late December;
responsibility for that incident also has not been
determined. Academic freedom is respected and student groups
play a major role in the formation of university policy.

b. Freedom of Peaceful Assembly and Association

The Government recognizes the freedom to organize and
demonstrate. Labor unions, political parties, professional
organizations, students, and human rights groups regularly
exercise this right. Labor unions enjoy a 35-year history and
are independent, strong, and varied in political orientation.
Most industries have unionized labor forces and workers are
free to organize, bargain collectively, and to strike.

Honduras' trade union movement maintains close ties with
international trade union organizations. The largest union
group, the Confederation of Honduran Workers, is an affiliate
of the International Confederation of Free Trade Unions.
Second is the General Workers Central, affiliated with the
Christian-Democratic World Confederation of Labor. The
Unitarian Federation of Honduran Workers is a Marxist affiliate
of the World Federation of Trade Unions. The 3 labor
organizations claim to represent about 20 percent of all
Honduran workers, including a substantial number of peasants
and rural laborers.

Honduran labor and peasant organizations play an integral role
in the political process. They routinely are consulted by the
Government on issues affecting their interests and play a
watchdog role in relation to the President, his Cabinet, and
the Congress. Labor unions were actively involved in ensuring
the honesty and fairness of the 1985 general elections. Union
leaders regularly travel to international meetings, and
several are members of the national Congress.

c. Freedom of Religion

Although predominantly Roman Catholic, Honduras has no state
religion. All religions are welcomed, and missionaries
operate in many parts of the country. Members of the clergy
occasionally have been detained, but for alleged secular
offenses only.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Hondurans freely travel within and outside Honduras. There
are no permanent travel restrictions for Hondurans or resident
foreigners, although national security concerns have led to
increased police checks for personal identification, which by
law must be carried at all times.

Exit visas are required to leave Honduras and constitute a
form of control over international travel. They are nearly
always granted without dispute unless the applicant is wanted
in connection with a crime.

547

HONDURAS

The Government announced in March that Hondurans returning
from Communist or Arab nations could expect to be questioned
at length about their travels, and that any Honduran found to
be involved with terrorist groups abroad would be prosecuted.
The Government also announced that, for security reasons,
citizens of all Communist and most Arab nations would need
special permission to enter Honduras.

Attempts are under way to identify and to register the
thousands of refugees — largely Nicaraguans and Salvadorans — in
Honduras. According to media reports, Honduras hosts
approximately 150,000 such persons. More informed estimates,
however, place the number at 80,000. Some 49,000 persons,
including 28,000 Nicaraguans and 21,000 Salvadorans, are
registered as refugees and supported by the United Nations
High Commissioner for Refugees. The Government allows these
refugees to remain in Honduras without threat of involuntary
repatriation. The Constitution guarantees the right to
asylum, and Honduras maintains a tradition of granting
political asylum in nearly any case in which it is requested.

Refugee experts generally consider the level of refugee
assistance and protection to be good. The presence of
Salvadoran guerrillas in Salvadoran refugee camps on Honduras'
southwestern border, however, has been a source of
intimidation and pressure, including efforts to recruit,
divert relief supplies, and impede voluntary repatriation of
refugees .

In 1986 tensions along the border with Nicaragua and military
actions arising from the conflict between members of the
Nicaraguan democratic resistance and elements of the
Sandinista army prompted approximately 7,000 Hondurans to
leave the border area. Some of these people were relatively
recent settlers in this area and returned to their native
regions in Honduras; others simply relocated away from the
border. Reliable estimates placed the number of displaced
families still within the immediate border area at 250 in
October .

The Government — in cooperation with international aid
donors — has made efforts to protect Honduran citizens in
border regions and to assist them to relocate if necessary.
The Government, however, has frequently indicated its
inability to secure fully its border with Nicaragua.

Various media accounts during 1986 reported Honduran residents
in the border area complaining that they had been victimized
by troops allegedly belonging to the Nicaraguan democratic
resistance. Complaints included allegations of property
seizure, threats and intimidation, physical assault, and
murder. There have also been charges of harassment and
sporadic recruitment efforts directed at Nicaraguan refugees
by elements of the democratic resistance. Leaders of the
United Nicaraguan Opposition (UNO) have acknowledged that
abuses have been committed within Honduras by members of their
units, but they have declared themselves committed to
prosecuting and punishing any member found to have engaged in
abusive behavior. The recently constituted independent
Nicaraguan Association for Human Rights also has declared its
intention to investigate any charges of abuse made against
resistance fighters or officials. As a result of inquiries
from the Inter-American Human Rights Commission and other
international agencies, the Honduran Government has recognized
the need to respond to and investigate allegations of abuses

548

HONDURAS

in its territory reportedly committed by both sides in the
Nicaraguan conflict.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

In November 1985, following an active and sometimes stormy
political campaign, nearly 1.6 million Hondurans went to the
polls to choose their next government in elections marked by
popular enthusiasm for the exercise of democracy. Voting is
mandatory and by secret ballot. The Constitution guarantees
all Honduran-born citizens the right to hold office if they
meet minimum age requirements; only members of the clergy and
the Armed Forces are barred. The elections of 1985 were held
under a temporary system patterned on that of Uruguay, in
which the primary and general elections were combined. Under
this system, the candidate with the most votes within the
party that received the most votes was certified the winner.
Most participants, including the victorious President Azcona,
agreed that while the elections were free and fair,- a more
straightforward system was needed. Accordingly, Congress
passed a reformed electoral law in October 1986 to provide for
party primaries on the U.S. model before the next general
elections, due to be held in 1989.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government cooperates with local and international human
rights organizations, and the President frequently meets with
visiting delegations of human rights activists from abroad.
In response to allegations of attacks on the offices of The
Honduran Human Rights Committee (CODEH) in August, President
Azcona ordered a full-fledged investigation, which to date has
been unable to determine the identity of those responsible or
the reason for the attack. Honduran judicial officials
frequently are hampered by poor recordkeeping when answering
requests for information about specific cases, but refusal to
assist international or nongovernmental inquiries is rare.
Local human rights leaders and visiting members of
international human rights organizations are quoted prominently
and freely in the media.

CODEH operates freely and legally throughout Honduras. It is
the country's largest and most active human rights
organization. While claiming to monitor the Government's
respect for human rights, it has at the same time engaged in
partisan political attacks which are unrelated to human rights
issues and which reflect CODEH ' s antidemocratic leftist
orientation .

In publications distributed by CODEH in Honduras and the
United States, and in interviews given by CODEH leader Dr.
Ramon Custodio during his late 1986 visit to the United
States, it was alleged that death squads operating in Honduras
had murdered innocent citizens in July. CODEH also charged
that a list of names circulated in Honduras during the summer
was a "hit list" of Hondurans whose lives were in danger
because they opposed Honduran and U.S. policies in the
region. The Government stressed that both allegations were
completely unsubstantiated and appeared to be willful
exaggerations or misinterpretations for partisan political
purposes.

549

HONDURAS

In addition to CODEH and the Committee of Families of
Disappeared Persons, the Honduran Bar Association and the
national Congress have active committees monitoring the
observance of human and civil rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution bans discrimination against citizens for
reasons of race or sex, but cultural practices reduce the
number of women occupying key positions in government and
business. Education is freely available to women. Seven
women are members of the National Congress. Legal
discrimination against wives in domestic disputes exists.
Attempts to remedy this are under way. Ethnic minorities —
mostly blacks and small numbers of Indians concentrated on the
north coast — enjoy legal equality, but some social
discrimination continues to exist.

CONDITIONS OF LABOR

The Constitution and the labor code require that all labor be
fairly paid and limit the hiring of children under 16 years of
age. Although minimum wages, working hours, vacations, and
occupational safety are regulated by law, such regulations are
frequently ignored in practice. The daily minimum wage varies
by occupation, ranging from $2.30 to $3.55 per day. There is
no widespread pattern of wage discrimination against women in
the work force, although some work commonly performed by
women, such as domestic and secretarial jobs, is compensated
at a generally lower rate than some manual labor performed by
male workers. The standard work period is 8 hours per day and
44 hours per week. The labor code provides for a paid vacation
of 10 workdays after 1 year and 20 workdays after 4 years.
Despite violations of these laws by individual employers,
workers' rights are generally respected, and strong labor
unions exist to defend them. There is no evidence that the
Government or any employers' association has attempted
systematically to deny workers their legal rights.

550

U. S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S.PISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: HONDURAS

1984

1985

1986

I.ECON. ASSIST. -TOTAL..,

LOANS ,

GRANTS

A. AID

LOANS

GRANTS

(see. SUPP. ASSIST.) ..,

a. FOOD FOR PEACE ,

LOANS

GRANTS ,

TITLE I-TOTAL

REPAY. IN S-LOANS....,

PAY. IN FOR. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV 5 WFP,

VOL. RELIEF AGENCY....,

C.OTHER eCON. ASSIST..,

LOANS

GRANTS

PEACE COR°S ,

NARCOTICS

OTHER

II. MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS....

MIL,

95.0

229.0

117.0

33.3

34.3

15.6

56.7

194.2

101.4

71.0

204.6

111.8

23.3

19.8

15.6

47.7

184.8

96.2

40.0

150.2

66.5

20.2

19.4

0.0

15.0

0.0

5.2

4.4

0.0

15.0

0.0

15.0

0.0

5.2

4.4

0.0

0.9

0.8

0.0

4.3

3.6

0.0

3.3

5.0

5.2

0.0

3.8

5.0

5.2

3.3

5.0

5.2

O.D

0.0

o-.o

0.0

77.4

67.4

61.1

0.0

77.4

67.4

61.1

76.5

56.3

60.1

0.0

0.9

1.1

1.0

0.0

172.4

296.4

178.1

33.3

34.8

15.6

134.1

261 .6

162.5

OTHER US LOANS. .. ,
EX-IM BANK LOANS,
ALL OTHER

0.2
0.0
0.2

2.0

0.0

2.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

154.3

16.5

3 8.0

1326.0

IBRD

19.6

6.9

37.4

547.6

IFC

0.0

0.6

11.0

IDA

o.o

0.0

82.6

103

134.1

8.4

0.0

648.8

A03

0.0

AF03

0.0

. 0.0

0.0

UNDP

0.0

1 .2

0.0

29.7

OTHER-UN

D.6

0.0

5.3

EEC

0.0

551

JAMAICA

Jamaica is a constitutional parliamentary democracy with a
mixed economy emphasizing the private sector. It is a member
of the British Commonwealth. A Governor General, appointed by
the Crown on the advice of the Prime Minister, represents the
Queen, while the elected Prime Minister, the leader of the
majority party in Parliament, is the country's chief
executive. The Parliament is comprised of the elected House
of Representatives (currently 60 members) and the appointed
Senate of 21.

Two major political parties have alternated in power since the
first elections were held in 1944. The Jamaica Labour Party's
(JLP) leader, Edward Seaga, has been Prime Minister since
November 1980. The Constitution requires that general
elections be called at least once every 5 years; the last
general election was held in December 1983. The People's
National Party (PNP) boycotted that election and the JLP won
all 60 seats in the House of Representatives. The next
parliamentary elections must be held before March 15, 1989.

The PNP boycott created an unprecedented situation for
democratic Jamaica. The JLP has attempted to compensate for
the absence of an elected parliamentary opposition by
appointing independent senators to the upper chamber and by
enhancing opportunities for citizens to appear and address the
House. Jamaica's nationwide elections for local parish
council seats held in July 1986, in which the opposition PNP
won a majority, were an affirmation that Jamaican democracy
continues to function despite the anomalous situation created
by the 1983 national parliamentary election.

The small, apolitical security apparatus comes under the
Ministry of National Security and consists of the Jamaica
Constabulary Force (JCF - police), the Jamaica Special
Constabulary Force (JSCF), and the Jamaica Defence Force
(JDF) . The JDF includes an air wing and a coast guard and has
regular and reserve elements. Since 1974, the JDF has been
authorized to conduct joint operations with the JCF in order
to maintain the peace under the Suppression of Crime Act.

In 1986 human rights generally were respected in Jamaica.
Violent crime remains a major social problem, especially in
the Kingston area. The use of excessive violence by the
police in dealing with suspected criminals has been criticized
in newspaper editorials, by Jamaican and U.S. human rights
advocates, and by the Parliamentary Ombudsman and the Police
Commissioner. Problems associated with the poorly trained,
underpaid and overburdened police force continue to generate
the country's most persistent human rights concerns.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Officially sanctioned murder of political opponents does not
occur in Jamaica. At the same time, Jamaica suffers from a
high level of violent crime, some of which has political
overtones. Both major parties, as well as the Workers Party
of Jamaica, which is Communist, have supporters who
occasionally resort to violence in order to advance their

552

JAMAICA

political agenda or to punish those believed to have harmed
their party's interests. The legal system has not been
effective in dealing with these cases because of a code of
silence adhered to by suspects, victims, and witnesses alike,
and because of the reluctance of the police to get involved in
political disputes. Cooperation between the major parties to
minimize violence made the island-wide 1986 local elections
the most peaceful in many years.

b. Disappearance

There was no evidence of abduction, hostage-taking, or
disappearances perpetrated by security forces. In most
incidents where people disappear and are later discovered
dead, the victims were involved in criminal activities or were
suspected of being police informers.

c. Torture and Cruel, Inhuman or Degrading Treatment or
Punishment .

The Government does not sanction or condone the use of
torture. However, criminal suspects are often beaten or
mistreated by police while being held in local police
stations. Some individuals have brought suit successfully
against the police for unlawful actions and the Government has
had to pay damages .

Violence associated with the police, particularly the
excessive use of lethal force in dealing with suspected
criminals, continues to spark impromptu demonstrations in
various communities. The problem of police violence receives
frequent coverage and comment in the media. Both the
Parliamentary Ombudsman and the National Police Commissioner
have commented publicly on the need for qualitative
improvement in police performance. More selective recruitment
and better training are being stressed. The overall pace of
reform, however, has been slow.

Lynching of criminal suspects by local inhabitants occurs with
some frequency, especially in rural Jamaica. Such incidents
are often reported in the media, but comprehensive nationwide
statistics are not available. Victims of lynching are
typically caught stealing crops or cattle or are suspected of
housebreaking or rape. Prosecutions of vigilantes are rare.

Prison conditions in Jamaica are substandard. The
Parliamentary Ombudsman reported that conditions have
deteriorated further since 1984, when he released a study
detailing the deplorable state of facilities and degrading
conditions in the nation's jails. Overcrowding, unsanitary
conditions, inadequate food and limited medical care for
inmates are the primary problems in the island's two maximum
security prisons and its many police stations. The Ombudsman
said that conditions in police stations are worse generally
than those in the prisons.

d. Arbitrary Arrest, Detention, or Exile

Under the Suppression of Crime Act, which has been extended
for 6-month intervals since its adoption in 1974, security
forces do not need a warrant to detain persons "reasonably"
suspected of having committed a crime. Although the Act is
conceived of as an extraordinary measure, security forces rely
on it extensively. Detention of suspects without a warrant
occurs regularly, particularly in poor neighborhoods. Almost
all detainees eventually are released without being charged.

553

JAMAICA

Police must record the fact of a detention and are responsible
for seeing that detainees appear before a justice of the peace
within 24 hours. However, some detainees are held for 2 weeks
or longer without being brought before a judicial officer as
reqiaired by law. Many detainees are unaware of their right to
a timely judicial review of the grounds for detention. The
Jamaica Council for Human Rights reports that 90 percent of
its daily caseload involves assisting people attempting to
locate and gain the release of detained family members. The
Council reports that in both 1985 and 1986, under the
administration of the new Police Commissioner, supervisory
officers have been more cooperative than in the past in
providing information about detained persons.

For suspects charged with a crime, a functioning system of
bail is available. Bail is set by the local police supervisor
in minor cases, but a judicial officer sets bail for those
suspected of more serious crimes. Individuals unable to make
bail while waiting for a judicial hearing often are detained
for lengthy periods. Outsiders are permitted access to the
accused.

There are no political prisoners in Jamaica.

The Constitution does not specifically address the matter of
forced or compulsory labor. However, Jamaica is a party to
the International Labor Organization Convention prohibiting
compulsory labor. There have been no allegations of this
practice in Jamaica.

e. Denial of Fair Public Trial

The judiciary is independent. Persons who have been charged
with a criminal offense have access to legal representation,
and legal counsel is provided to indigents in criminal cases.
The Court of Appeal and the Parliament may refer cases to the
Judicial Committee of the Privy Council in the United
Kingdom. The legal system is overburdened, and many cases
take years to come to trial. In addition to the regular
courts, the Gun Court was established in 1974 as an
extraordinary means of dealing with violent crime. The Gun
Court considers cases involving the illegal use or possession
of firearms and ammunition. There are restrictions on public
attendance and less stringent rules of evidence are used. In
capital cases, hearings before the Gun Court serve as
preliminary hearings to jury trials under the jurisdiction of
the Supreme Court. The 1983 Gun Court Amendment Act
eliminated several of the special exceptions to normal
judicial rules and procedures which had applied to the Gun
Court. A committee of senior judges continues to review and
revise the sentences of persons given life terms prior to the
adoption of the Gun Court Amendment Act.

Intimidation of witnesses in criminal cases is a chronic
problem hampering criminal prosecutions in Jamaica. Jurors
also have reported receiving threats from associates of
criminal defendants. Some convictions have been obtained for
such attempts to subvert the judicial system, and the police
will provide assistance to any witness who requests protection.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution prohibits arbitrary intrusion by the State
into the private life of the individual. Individual rights

554

JAMAICA

are protected. Under the Suppression of Crime Act, search
warrants are not required to enter homes or businesses when a
crime is "reasonably" suspected of having been committed by an
individual in such a location. This authority is sometimes
abused by the police, especially in poor neighborhoods.
Regulations approved by Parliament in 1980 require that every
effort be made by security forces to have the owner or
occupant of the premises present during any search.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are guaranteed in the Constitution
and are observed in practice within the broad lim.its of libel
laws and the State Secrets Act. There is no censorship or
interference in academic studies. Jamaica's principal
privately owned newspaper. The Daily Gleaner, has been
critical of Jamaican governments through the years." Several
small newspapers and magazines are also published. Foreign
publications are widely available. The government-owned and
operated Jamaica Broadcasting Company (JBC) includes two radio
stations and the island's only television channel. The
officially owned television and radio networks often have been
accused of bias in favor of the Government by whichever party
is in opposition.

The only other broadcasting company is privately owned Radio
Jamaica (RJR) . Although the Government owns stock in RJR, the
company is independent and its networks are often critical of
government policies. A new media policy, announced in 1985 by
the Government, will provide for one privately leased
television channel and one channel for public programing.
Under this policy, the Government also promised to lease out
some of the JBC radio broadcasting facilities.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly and association are guaranteed in the
Constitution. A large variety of professional groups and
private associations function freely. Public demonstrations
and rallies are staged by all political parties; such events
require a police permit, which is usually granted. The
nationwide local elections held in July were preceded by many
large public rallies held by both major parties.

Freedom of association includes the right to join a trade
union. The Labor Relations and Industrial Disputes Act
(IRIDA) of 1975 sets forth workers' rights regarding union
membership and collective bargaining. No worker is compelled
to join a union as a prerequisite for employment, and union
membership is not compulsory when employment is found. Unions
are free to elect their own representatives, draw up their
constitutions, and determine their action programs. Jamaica's
major unions are affiliated with the democratic International
Confederation of Free Trade Unions and the Caribbean Congress
of Labour. The small Independent Trade Union Action Council
and several industrial federations are affiliated with the
Communist World Federation of Trade Unions.

New amendments to the IRIDA were passed in 1986. One allows
the Minister of Labour unilaterally to refer a dispute to the
Industrial Disputes Tribunal if he detetmines that the dispute
is causing harm to the national interest. Unions charge that
the legislation works against free collective bargaining.

555

JAMAICA

Jamaica has several strong trade unions which are among the
most active organizations in the country. The two major
unions, the Bustamante Industrial Trade Union (BITU) and the
National Workers Union (NWU), are affiliated with the ruling
JLP and the opposition PNP respectively, although the BITU and
the NWU can and do act independently of the parties. There
are approximately 100 registered trade unions but only about
20 are active.

There is no right to strike in either common or statutory
law. In practice, however, the freedom to strike exists, and
Jamaican workers have consistently exercised it over the
years. There have been differing legal rulings on the "right
to strike." Workers may exercise their "freedom" to strike
and be immune from criminal liability. There is no parallel
guarantee that striking workers will retain their jobs.

Jamaican labor laws are applicable to both domestic industry
and export free trade zones. There have been continuing
complaints from workers at the Kingston Export Free Zone about
forced overtime, inadequate eating facilities, and dismissal
without notice. Ministry of Labour officials indicate that
legal reqiiirements for working conditions are adhered to in
the Free Zone, while conceding the need for more employee
facilities. Only 2 of the 17 companies operating in the
Kingston Export Free Zone have union representation.

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and is
well established in Jamaica. A great variety of religious
groups and cults operate freely. More than 80 percent of the
population belongs to one of several Christian denominations
represented on the island. Evangelical Christian movements
have gained increasing followings in recent years, and foreign
evangelists visit Jamaica freely and regularly to preach.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees Jamaican citizens freedom of
movement, the right to reside wherever they choose, and
immunity from expulsion from the country. There are no
restrictions on foreign travel or emigration. Citizenship is
not revoked for political reasons.

Jamaica does not have a declared general policy on refugees,
but rather deals with them on a case-by-case basis. The
country does not often accept asylum seekers, primarily for
domestic economic reasons. Jamaica is a party to the 1951
United Nations Convention and Protocol Relating to the Status
of Refugees .

Section 3 Respect for Political Rights: The Right of Citizens
to Change their Government

The Prime Minister and his Cabinet of Ministers exercise
executive power. The executive usually takes the initiative
in legislative matters and is responsible to the House of
Representatives. The Constitution requires that an election
be held not later than 5 years after the first sitting of
Parliament; the Prime Minister can call national elections
anytime within that period.

556

JAMAICA

Beginning in August 1983, a periodic reenumeration of all
individuals of voting age commenced. In December, prior to
completion of the reenumeration, Prime Minister Seaga called a
snap election. The PNP boycotted the election, complaining
that the JLP previously had agreed not to call new national
elections until voter lists had been updated. As a result of
PNP nonparticipation and the failure of any of the 7
third-party candidates to win election, the JLP took all 60
seats in the House of Representatives. Jamaica conseqxiently
has a one-party House but is not a one-party state. The 1983
election was constitutional and conformed to all relevant
laws, but the PNP has continued to question its legitimacy.
The Government has thus far resisted calls for new elections
before the expiration of its term in 1988.

Parliament postponed nationwide local elections, held to fill
seats in parish councils, until July 1986. These elections
were to have been held in July 1984, but disputes over a
reduction in the number of council seats and a redrawing of
local constituency boundaries caused the delay. Despite the
fact that parish councillors have little real authority and no
control over public funds, the elections were bitterly
contested by both major parties. The campaign focused on
national, not local issues, and both parties expended
considerable money, effort, and prestige during its course.
The leaders of the PNP and the JLP, Michael Manley and Edward
Seaga respectively, campaigned vigorously. The PNP received
57 percent of the vote; the JLP, 43 percent.

The July local elections amply demonstrated that despite the
unprecedented situation caused by the one-party Parliament,
the democratic tradition remains strong in Jamaica. All
parties operated freely and had opportunities to state their
positions at rallies and in the print and electronic media.
The elections were also noteworthy for the absence of
widespread violence that marred previous elections. However,
notwithstanding a joint appeal by party leaders Seaga and
Manley to their followers to refrain from violence, three
persons were killed.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In September 1986, Americas Watch visited Jamaica to
investigate alleged systematic human rights violations by the
Jamaican police. It commended the Government's cooperation
and openness during the investigation.

While the Commissioner of the JCF and the Minister of National
Security criticized the resulting report for being biased, the
Government recognized and is acting on the need for signficant
improvement in the professionalism and discipline of the JCF.
Subsequent to the Americas Watch report, a senior JCF
commissioner was assigned to try to ensure better respect for
human rights by the police.

There are no restrictions on human rights organizations in
Jamaica. The Jamaica Council for Human Rights (JCHR), the
only independent human rights organization, has been vigorous
in citing police abuses and calling for police reforms. The
JCHR is active on a number of international human rights
issues, especially the treatment of blacks in South Africa.
The Government is a strong advocate of human rights in
international forums. Jamaican leaders including Prime

557

JAMAICA

Minister Seaga and Foreign Minister Shearer have spoken before
regional and international bodies in opposition to apartheid.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Jamaican women are accorded full equality under the
Constitution, and the 1975 Employment Act guarantees them
equal pay for equal work. The legal status of women is
reflected in the number of influential positions they hold in
the civil service and the Government. Nevertheless, because
of cultural and social values, women often suffer economic
discrimination. This discrimination frequently evidences
itself in hiring practices. Access to higher paying jobs and
positions outside traditional "female" areas is limited. The
higher-paying senior positions in business and commercial
areas are still predominantly held by men. The 1975 Act has
helped to narrow the gap between men's and women's salaries,
but disparities remain.

The Government has a number of programs to help women and has
created a National Advisory Committee for Women's Affairs.
Family law reforms based on a report from the Family Law
Committee set up in 1975, however, have not been acted upon by
Parliament .

CONDITIONS OF LABOR

The Government's wage policy is based on freely negotiated
settlements. New minimum wages were introduced in January
1985.

A Juvenile Act provides that no child under age 12 shall be
employed except by parents or guardians. Such employment can
only be in domestic, agricultural, or horticultural work.
Children under age 12 cannot be employed at night or at any
industrial site. Despite the laws on child labor, children
under 12 are often seen peddling goods and services on the
streets .

Under the Factories Act, all plants must be registered and
approved by the Ministry of Labour before they can begin
operations. The Ministry's industrial safety division is
required to make yearly inspections of all facilities. In
practice, because of budget constraints, these site
inspections often are not performed. The Ministry has no
authority to oversee private sector work sites and other
places of employment which do not meet the statutory
definition of a factory. Other acts of Parliament establish
minimum standards for working conditions.

558

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: JAMAICA

1984

1985

1986

I. ECON

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE.. ....

S.c

OTAL

N $-L0AM3....,
FOR. CURR....,

TOTAL ,

.EC.DEV "» WFP,
EF AGENCY. . ..,
CON. ASSIST..,

CE CORPS,
COTICS...
ER ,

II.MIL. ASSIST. -TOTAL. . .

LOANS

GRANTS

A.f'.AP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.EO.TRNG....
D.TRAN-EXCESS STDCK...
E. OTHER GRANTS

III. TOTAL ECON. 5 MIL...

LOANS

GRANTS

110.0

153.2

39.0

96.4

114.4

8.0

13.6

43.8

81.0

87.6

115.2

84.6

76.4

74.4

8.0

11.2

40.8

76.6

55.0

81.0

58.6

20.5

40.4

0.0

20.0

40.0

0.0

0.5

0.4

0.0

20.0

40.0

0.0

20.0

40.0

0.0

0.3

0.0

0.5

0.4

0.0

0.1

0.3

0.0

0.4

0.1

0.0

1.9

2.6

4.4

0.3

0.0

1.9

2.6

4.4

1.8

2.4

2.6

0.0

3.0

1.5

0.1

0.2

0.3

4.2

7.7

8.0

0.0

3.0

0.0

4.2

7.7

3.0

4.0

7.4

7.7

0.0

0.2

0.3

0.0

114.2

165.9

97.0

96.4

114.4

8.0

17.8

51.5

39.0

OTHER US LDAN^. .

1,
0,
1.

.9
.0
.9

0,
0.
3,

,0
.6

0.
0.

EX-IM BANK
ALL OTHER.

LOAN

,0
,0

ASSISTANCE

FROM

INTERNATIONAL
1984 1935

AGENCIES
1986

1946-

•86

TOTAL

151.2

88.6

■4.7

1133.9

IBRD

44.6

64.0

0.0

693.4

if:

0.0

10. B

4.7

32.3

IDA

3.3

0.0

IDB

35.8

8.5

0.0

382.5

AD3

0.0

AF03

3.0

0.0

. 0.0

0.0

UNDP

3.7

1.3

0.0

24.9

OTHER-UN

3.1

0.0

1.8

EEC

0.0

4.0

0.0

4.0

559

MEXICO

Mexico is a Federal Republic which has been dominated by the
Institutional Revolutionary Party (PRI) since 1929. Periodic
political reform has expanded the opposition's role and stake
in the political system. PRI has, nevertheless , continued its
preponderant political control throughout the Republic through
a combination of voting strength, organizational power and,
some opposition parties and observers allege, by electoral
fraud.

Mexico has a "mixed economy," which combines elements of
domestic market capitalism with state ownership of major
industries. Through a program of divestiture of some
parastatals, the Government may be increasing the role of the
private sector in the economy.

The 1917 Constitution stipulates that powers be divided among a
bicameral legislature, a judiciary, and an executive. The
President's powers, however, far outweigh those of the other
branches in Mexico's highly centralized system. Despite the
tendency toward centralization of authority, municipal, state
and federal police exercise authority only in their respective
areas of jurisdiction.

A high degree of individual freedom, regardless of race, creed,
color or sex, is both guaranteed by Mexico's 1917 Constitution
and honored in practice. Freedom of association is
demonstrated by the existence of numerous political parties as
well as civic associations. Freedom to pursue private
interests and hold private property is virtually unrestricted
for Mexicans .

Mexico is currently experiencing human rights difficulties
principally but not exclusively in those areas of law
enforcement involved with drug trafficking. Human rights
violations have occurred in some instances, including torture,
to which U.S. Drug Enforcement Administration Special Agent
Victor Cortez was subjected in August in Guadalajara. In
addition, the perennial rural conflicts over title to land
continue to result in the deaths of peasants who confront
local landowners and their employees. While serious human
rights abuses continue in a number of areas, the Government
has taken steps to improve the human rights situation.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

In Mexico's rural states, especially Oaxaca, Chiapas, Veracruz,
Hidalgo, and Guerrero, disputes over land take place and
violence sometimes occurs. The Federal Government is
continuing its efforts to curb such violence. Attorneys
General from the various states meet frequently with national
law enforcement and Secretariat of the Interior officials to
pursue this goal. Local municipal leaders, especially those
beholden to influential private landowners, allegedly place a
low priority on the protection of human rights.

During 1986 peasant organizations charged that at least 42
peasants were killed in confrontations in the above states.
Such charges have come not only from independent peasant
organizations, but also from the PRI-af filiated National

560

MEXICO

Confederation of Peasants (CNC) . The independent groups
attribute the killings to persons employed by local landed
political bosses (caciques), as well as to members of the CNC
and to local police. For its part, the CNC blames fatalities
in its ranks to independent unions, encouraged, it says, by
leftist political activists. Others, however, suggest that
most CNC casualties stem from internal CNC power struggles.

Amnesty International detailed various alleged instances of
political killings in Oaxaca and Chiapas in its May 1986
publication, "Mexico: Human Rights in Rural Areas." In its
official response to Amnesty's charges, the Mexican Government
was critical of what it said was false reporting. The
Government asserted its willingness to investigate fully those
allegations which are substantiated with details. As an
example of government efforts to curb rural violence, on
January 3, 1987 the private Committee for the Defense of Human
Rights in Jalapa announced that a powerful landowner in the
northern mountainous area of Veracruz, Luis Mendoza Rivera,
had been placed in prison and was to be held answerable for
incidents of rural violence which allegedly took place in
December .

b. Disappearance

In 1986 Federal Deputy Rosario Ibarra continued to focus
attention on Mexico's disappeared, especially those from the
administrations of former Presidents Echeverria (1970-76) and
Lopez Portillo (1976-82). She claimed that of the 59 persons
who had apparently disappeared for various periods during the
current administration, 11 remain unaccounted for.

The Committee in Defense of Prisoners, the Persecuted,
Disappeared Persons and Political Exiles of Mexico, a local
human rights organization, stated at the end of 1986 that,
since the beginning of the administration of President Miguel
de la Madrid, there have been 21 disappearances of persons
whose whereabouts remain unknown. For each year they are as
follows: 1982, 7; 1983, 6; 1984, 5; 1985, 2; and 1986, 1. Of
the 21 alleged disappearances, 11 involved residents of the
Federal District, 4 of the state of Mexico, 1 of Morelos, 3 of
Puebla, 1 of Tamaulipas and 1 of Veracruz. The single
disappearance in 1986 counted by the Committee was that of
Gerardo Lopez Chavaria, a 28-year-old teacher who allegedly
disappeared in the Federal District in January 1986. The
Committee states he was taken from his home by agents of the
Federal Security Directorate. The Federal Government has
responded to the committee's allegation, stating that it
believes Lopez was kidnapped by narcotics traffickers.
Lopez's father discounts the government's allegation.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Although torture is prohibited by the Constitution, human
rights organizations continue to charge that law enforcement
officials employ psychological and physical abuse, most often
in the period immediately following arrest and especially
during interrogation.

The Attorney General of Mexico has stated that the use of
torture to extract confessions is an illegal and unacceptable
substitute for investigative work. Accordingly, the
Administration has recruited new personnel into the various
police forces and emphasized education and training in

561

MEXICO

legitimate investigative skills. In addition, the Attorney
General's Office has contracted with human rights organizations
to provide courses designed to sensitize law enforcement
personnel to the need to respect human rights.

In June Mexico stiffened the penalties against officials who
have used torture. Under the new law, jail sentences of up to
10 years and fines of up to 18 months' salary per offense can
be imposed. As there were no known cases of the new law being
applied to a specific case as of the end of 1986, its efficacy
cannot yet be determined.

On August 13, U.S. Drug Enforcement Administration Special
Agent Victor Cortez was arrested by Jalisco State Judicial
Police, interrogated and tortured over a period of several
hours. He was blindfolded, severely beaten, and subjected to
electric shocks. In responding to a U.S. Government protest
note, the Mexican Government justified the arrest of Cortez,
while not directly addressing the issue of torture.
Subsequently, 11 members of the Jalisco police were charged in
conjunction with the torturing of Cortez. In response to a
formal request from the Mexican Government, the U. S.
Government has identified a U.S. Court before which Cortez is
ready to give a statement and answer questions concerning his
mistreatment. Cortez has taken certain legal steps as agreed
to by Mexican authorities for the purpose of filing the
complaint so that the Government of Mexico can proceed with
the case.

In 1986 the U.S. Embassy in Mexico City lodged formal
diplomatic protests with the Mexican Government concerning the
cases of 11 American citizens, including Cortez, who stated
that they had been physically mistreated while in the custody
of Mexican Law Enforcement Officials. In an additional
77 cases, Americans reported mistreatment but requested the
Embassy not file formal protests on their behalf. The
allegations of mistreatment made by the Americans included
denial of food and water, being forced to kneel on rocky
ground, being blindfolded, and being beaten and tortured with
electric cattle prods. Mexican officials have been responsive
to official protests and inquiries in many cases, but in some
instances have failed to respond to inquiries, and abuses have
continued. Furthermore, on several occasions local police
authorities have neglected to inform Embassy officials of
arrests of American citizens on several occasions.

Prisons are overcrowded, and there are complaints about lack
of trained personnel, a high turnover rate of both prison staff
and administrative personnel, and corruption among prison
officials. Since the current administration took office,
reforms have been carried out in the prisons of the Federal
District, and new prison construction has taken place.

d. Arbitrary Arrest, Detention, or Exile

Mexican citizens are guaranteed the right of Amparo, a
constitutional protection provided against "coercive and
abusive acts of authority." Incidents of arbitrary arrest and
imprisonment occur most frequently in criminal cases. The
Mexican Senate has recently approved reforms to the amparo
system, establishing categories of persons who would
automatically be granted amparo petitions.

In the state of Guerrero, several peasant groups have charged
that the Governor is utilizing the Army to conduct "sweep

562

MEXICO

checks" of villages and to arrest any opposition figures or
activists they locate. The Government has responded that, due
to criminal activity in the mountains of Guerrero and
neighboring states, such measures are required to protect the
public. Groups of farmers briefly occupied the Danish, Greek,
Portuguese, and Swedish Embassies in Mexico City in April to
protest the alleged illegal detention of peasant activists and
to call attention to their complaints against the Government.

Human Rights activists allege that there are currently 130
"political prisoners" in the country, the majority arrested in
disputes over land, some of whom have been held for extended
periods. The Government has consistently denied that it holds
political prisoners. For example, officials point out that in
the state of Chiapas seven persons listed among these
political prisoners are charged with terrorism, criminal
association, and damage to property, all violations of the
state penal code. The Government maintains their arrest was
under warrant and that they have had the opportunity to file
for relief under the amparo process. Legal procedures against
them are still in process. In many such cases, especially
those involving land tenure, persons termed political
prisoners are, according to the Government, actually guilty of
common crimes.

There are legal prohibitions against forced or compulsory
labor. There are reports that, in remote areas where illegal
drugs are cultivated, campesinos and indigenous peoples have
been forced to labor for drug traffickers.

e. Denial of Fair Public Trial

Under the Constitution, trial and sentencing must be completed
within 12 months of arrest for crimes that would carry at
least a 2-year sentence. Despite efforts at reform, this
standard is often not met because of delays caused by
cumbersome court procedures and case backlogs.

The political opposition alleges that the judiciary, with
judges placed in office by renewable appointments, is
dependent on the executive branch. The Government denies that
personal political beliefs have any bearing on the impartial
administration of justice. However, factors such as low pay
for judges and law enforcement officials and high caseloads
contribute to widespread corruption in the judicial system.

As in most civil law systems, trial by a judge is favored over
trial by jury. Defendants have a right to counsel and public
defenders are available.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Article 16 of the Constitution guarantees the privacy of
individuals. Although the Government generally does not
intrude on this right and search warrants are required by law,
opposition political figures believe their movements are
monitored. In conflicts over land titles, peasants and urban
squatters have charged that local landowners, accompanied by
police, have entered their homes without appropriate judicial
orders, and that these incidents are sometimes accompanied by
violence.

563

MEXICO

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and of the press is guaranteed by law.
During the course of the current administration, the Government
has appeared to tolerate more direct public criticism, and
bolder press articles have appeared. Mexico's press is a
primary source for reporting allegations of human rights
violations .

Despite the trend towards press liberalization, the Government
closed the magazine Impacto in May on the grounds of alleged
pornography. Impacto had been outspokenly critical of the
Government. The magazine later resumed publication under new
ownership, and appeared careful to avoid criticism of the
Government and the PRI .

According to the media, during 1986 several journalists died
violently or under suspicious circumstances in which
retaliation for coverage of local problems may have been a
motive .

Jose Luis Nava Linda, editor of the Guerrero periodical
Expresion Popular, was allegedly assassinated in May shortly
after running a series of anti-PRI articles. Court records
indicate that the victim quarrelled with Javier Ibanez and
that Nava was shot while attempting to draw his own gun on
Ibanez. Ibanez was arrested for homicide in June and an
interim prison sentence was handed down July 4. However, he
appealed and on August 25 the sentence was revoked.

In Matamoros, Tamaulipas, Ernesto Flores and Norma Moreno,
respectively editor and reporter of the newspaper El Popular,
were killed by unknown gunmen in July. Their publication was
noted for highly personal but apparently documented attacks on
local officials. The investigation under the direction of the
head of the State Judicial Police is continuing.

In October, Sinaloa reporter and columnist Odilon Lopez Urias
was found dead after having been kidnaped 2 days before by
eight armed men. Lopez was well known in Sinaloa for his
reporting on various drug and criminal figures in the state
and for his contentions that government figures were involved
in drug trafficking.

In February Carlos Loret de Mola, a former governor and a
political columnist for Excelsior newspaper, died in an
automobile accident in the state of Guerrero; officials report
his car went over a cliff on a dangerous stretch of highway.
However, based on anomalies in the chronology of events, doubts
persist whether De Mola actually died in the accident or if it
was staged after his death.

Jorge Brenes, a newspaper publisher in Reynosa, was killed in
July by two men. The motive is unknown but there is
speculation the murderers were hired.

b. Freedom of Peaceful Assembly and Association

The Constitution grants the right of peaceful assembly for any
lawful purpose throughout the country. A government permit is
generally required for major demonstrations. Within the
Federal District, opposition political groups, as well as
peasant and indigenous organizations, are allowed frequent

564

MEXICO

access to both main boulevards and the city's large central
square for demonstrations. In rare instances, unauthorized
marches, sit-ins, and other forms of protest are broken up
forcibly by police and security forces, especially outside the
capital. However, even this type of demonstration is usually
tolerated.

Basic trade union, worker, and employer rights are protected
under Mexican law. The rights of workers to organize trade
unions, to bargain collectively, and to strike are guaranteed
in Article 123 of the Constitution.

Mexico has a multiplicity of trade union organizations, most
but not all of which are affiliated with the PRI . By far the
largest of these are Mexican Workers Confederation (CTM) and
the Federation of Government Workers Unions (FSTSE), which
includes most government workers. The CTM and FSTSE, along
with smaller federations and independent but PRI-af filiated
unions, all belong to a loose umbrella labor organization
known as the Congress of Labor. Independent unions outside
the Congress of Labor, some with a conservative orientation
and others of a pronounced leftist or radical orientation,
also exist. The majority of organized peasants belong to the
PRI-aff iliated CNC.

Unions in Mexico are permitted to maintain relations with
recognized international labor bodies. The CTM is affiliated
with the International Confederation of Free Trade Unions
(ICFTU) and is a leading member of the ICFTU's Interamerican
Regional Organization of Workers, headquartered in Mexico
City. The CTM always provides the Mexican Worker delegate to
the International Labor Organization .

A number of Congress of Labor independent unions are also
affiliated with various international trade secretariats. The
Communist World Federation of Trade Unions' regional
Interamerican Organization maintains its headquarters in
Mexico City.

c. Freedom of Religion

Under the Constitution, individuals are free to practice the
religion of their choice. However, no religious body has ■
legal standing. The Constitution prohibits the clergy from
participating in politics, voting, owning real estate, or
wearing religious habits in public. Some of these prohibitions
are not strictly enforced; neither is a constitutional
restriction against pre-university religious schools, many of
which exist.

A law passed in 1986 subjects clergy to stiff fines if they
are found guilty of inducing the electorate to vote for or act
against a candidate or foment abstention and disorder.
Mexico is predominantly Roman Catholic. Protestant, Mormon,
Jewish and other religious communities also exist and are free
to practice their forms of worship. Protestant evangelists
and Mormons, principally from outside Mexico, are active and
especially successful in certain rural, largely indigenous
communities. Some critics have stated that the Government is
selectively enforcing the anti-clerical laws in favor of the
predominant Roman Catholic Church. Other critics have
asserted that, in some outlying areas, the laws are not being
enforced against the evangelists so as to reduce the influence
of the Catholic Church.

565

MEXICO

Catholic and private educators have criticized the Government
for forcing them to use government mandated textbooks in
religious and private schools. Critics have complained of the
textbooks' treatment of businessmen and free enterprise.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within and outside the country is
unrestricted, except for some areas along the Guatemalan
border which have been closed to the public by the military.
Mexico has traditionally followed a liberal asylum policy
concerning Central American refugees and asylum-seekers from
other countries.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since 1929 Mexico has been ruled by the PRI , the dominant
party. To secure its continuance in power, the PRI has relied
on extensive public patronage, massive government and party
organizational resources and, opposition parties charge,
electoral fraud in all contests where there is developed
opposition party strength. President de la Madrid, in all
four of his annual reports to the nation, has emphasized his
commitment to political pluralism in Mexico.

The President and Senate are elected for 6-year terms. The
lower house is elected for a 3-year term, 1 during the
election of the President and thereafter midway through the
presidential term. State governors are elected for 6-year
terms, with elections staggered in the various states
throughout the course of the presidential term. Members of
the unicameral state legislatures and all mayors are elected
for 3-year terms. These elections are also staggered.

In January 1986, the official announcement of the results of
the election for the mayoralty of the state capital of San
Luis Potosi declared the PRI candidate the winner, in spite of
opposition claims that the PAN candidate had won. In the July
1986 Chihuahua state elections, the opposition parties charged
the PRI with electoral fraud. Similar claims of fraudulent
PRI electoral victories have also been lodged in the states of
Durango, Sinaloa and Tamaulipas. These charges have been
leveled by both Mexican and foreign investigative journalists
as well as by opposition party activists. In addition,
following the Chihuahua State elections, prominent leftist
intellectuals in Mexico as well as members of the Mexican
Catholic Church hierarchy publicly denounced what they believed
to be blatant electoral frauds in those elections. The
Government has consistently defended the official party's
victories and has specifically denied allegations of fraud,
while admitting that the electoral system is an imperfect one
which could and should be improved.

Opposition parties are guaranteed access to the public media
and seats in state and federal legislatures are reserved for
them. However, the opposition charges access to the media is
highly unbalanced compared to the day-to-day exposure of the
PRI. In December, the Congress passed a major reform to the
nation's electoral law. New procedures to be followed in
elections have been designed to provide for representatives
from all political parties being present at polling places, as
well as independent poll watchers. Also, the number of seats
reserved for minority parties in the Chamber of Deputies has

566

MEXICO

been increased from 100 to 150, with the total number of seats
in the chamber having been expanded from 400 to 500. The
electoral reform law also directs that one-half of the
nation's senators be elected every three years to 6-year
terms .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government allows both domestic and international human
rights groups to operate in Mexico without restrictions or
harassment, and has pledged its full cooperation in efforts by
AjTinesty International to monitor human rights violations in
Mexico. Various ranking Mexican officials have met with
Amnesty International representatives, as well as with
domestic human rights activists and the United Nations Human
Rights Commission (UNHRC) to discuss allegations of human
rights violations.

The Government has publicly committed itself to periodic
inspection by the UNHRC and other human rights organizations,
and has pledged its complete cooperation with any such
investigations .

In its report, "Mexico: Human Rights in Rural Areas," Amnesty
International noted its "appreciation for the cooperation of
the Mexican authorities, both for the facilities placed at the
disposal of the members of its delegation which visited Mexico
in January 1985, and for the commendable speed and efficiency
with which they have responded to Amnesty International's
communications . "

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Mexico takes pride in its multiracial origins and in the
success the country has achieved in fostering a climate of
racial harmony. Indigenous groups, many of which do not speak
Spanish, are encouraged to participate in political life and
the Government is respectful of the desire of these groups to
retain elements of their traditional lifestyle. These groups,
however, remain largely outside the country's mainstream
political and economic life; this is not the result of
conscious policy but rather of historic patterns of economic
and social development which have evolved over centuries.

Discrimination based on religion is generally nonexistent
except for sanctions contained in the Constitution barring
the clergy from participating in politics, voting, owning real
estate and wearing religious garb in public. With time, the
prohibitions seem to be relaxing. The role of women in
Mexican society is in transition, and women are beginning to
move into areas traditionally reserved for men. The number of
women's actions groups is increasing and they are aggressively
pushing women's issues over a broad front. Women comprise
approximately 28.6 percent of the work force but continue to
work predominately in nonsupervisory jobs with few at the
executive level. During 1986, the ruling PRI party has
pursued a policy of increasing the role of women in the
political process. One of the party's 13 gubernatorial
candidates in 1986 was a women. Seven of the Mexican Senate's
64 senators are women, and 43 of the 400 member Chamber of

567

MEXICO

Deputies are women, an increase of 8 over the previous
legislature. The Secretary-General of the PRI party is a
woman .

Men and women are equal in principle under Mexican law. Women
have the right to file for divorce and seperation. There is
no restriction against their traveling on their own. They can
also own property in their own name.

CONDITIONS OF LABOR

Mexican law sets the minimum age for the employment of children
at 14 years; children over 14 but under 16 years of age may
work but are subject to special legal protections and shorter
working hours than adults and cannot be employed in certain
jobs. Child labor laws in Mexico are observed fairly strictly
in medium sized and large manufacturing and commercial
establishments, but less so in small shops and in such
occupations as street vending, where child labor is difficult
to control. The law also provides for a minimum wage. Labor's
real purchasing power has been eroded considerably in recent
years even though it is revised at least semiannually. The
principle of equal pay for equal work prevails in the treatment
of foreign workers, but preference is given to Mexicans over
foreigners in hiring and foreigners are not allowed to form a
part of union leadership. The maximum legal work week is
48 hours with a maximum workday of 8 hours.

Extensive regulations pertaining to occupational health and
safety exist. Industrial safety laws are less frequently
observed in practice, particularly in the heavy industrial
sector and in the construction industry.

66-986 0-87-19

568

U.S. OVERSEAS

•LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: MEXICO

1934

1985

1986

CON.
LO
GR
A. AID
LO
SR
(SEC
3. FOOD
LO
GR
TITLE
SEPAY
OAY.
TITLE
E.REL
VGL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SU=>P. ASSIST.) .. .

FOR PEACE

ANS ,

ANTS

I-TDTAL

. IN $-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.DEV 5 WFP.

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

8.4

11.1

11.6

0.0

8.4

11.1

11.6

0.0

0.3

0.0

0.3

0.0

1.2

0.0

0.3

1.2

0.0

1.2

0.0

0.3

1.2

0.0

8.4

9.9

11.6

0.0

6.4

9.9

11.6

0.0

8.3

9.7

11.6

0.1

0.2

0.0

0.2

0.0

0.2

3.2

0.2

0.0

0.3

0.0

0.2

0.0

8.6

11.3

11.8

0.0

8.6

11.3

11.8

OTHER US LOANS. . . ,
EX-IM BANK LOANS,
ALL OTHER ,

79.4
66.5
12.9

10.1
10.1

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

333.3

674.9

943.0

12999.2

IBRD

576.3

593.0

904.0

8700.4

IPC

25.2

0.0

39.0

815.6

IDA

0.0

0.3

0.0

3.0

103

231.0

74.3

0.0

3408.2

AD3

0.0

AF33

0.0

, 0.0

0.0

UNDP

0.3

0.1

0.0

53.8

OTHER-UN

0.0

2.5

0.0

21.2

EEC

0.0

569

NICARAGUA

The Sandinista National Liberation Front (FSLN), a
Marxist-Leninist group, exercises complete control of the
Government of Nicaragua. The national election of November
1984 was won handily by the Sandinistas but boycotted by much
of the opposition due to seriously flawed electoral
practices. A new Constitution, promulgated in January 1987,
provides the legal framework for the perpetuation of FSLN
control. The opposition during 1986 came under increased
official pressure, through intimidation, imprisonment, and
other forms of harassment. Repression affected both organized
opposition entities and, more broadly, sectors of the
population viewed as hostile to the regime or sympathetic to
the armed resistance. This repression is the result of the
FSLN's control of the Army, the state security apparatus, the
police, and the various militia and paramilitary forces as
well as of the judiciary and legislative organs.

The General Directorate for State Security (DGSE) and the
Popular Sandinista Army (EPS) are key elements in the
increasingly sophisticated internal control network. With the
involvement of Soviet bloc and Cuban advisers, the DGSE has
become increasingly efficient and sophisticated.

The Government expanded its drive to immobilize the opposition
during 1986 with official attacks on political parties
previously spared more threatening forms of intimidation, such
as detention or arrest. It increasingly circumscribed the
legal activities of political, labor, private sector, and
religious organizations. Officials of these organizations
also charge that their operations are disrupted by FSLN
infiltrators. The FSLN generally has been careful in dealing
with well-known opposition leaders, but mid- and lower-level
opposition activists, unprotected by international
recognition, have been interrogated, imprisoned, and, in
several cases, assassinated.

Major human rights abuses in 1986 included mass arrests of
civilians on vague charges of counterrevolutionary activity;
torture and abuse of prisoners; disappearances; summary
executions of civilians and prisoners of war; the continuing
involuntary relocation of rural residents; civilian deaths
resulting from the Sandinista military's indiscriminate use of
artillery and air bombardment; the closure of the opposition
newspaper La Prensa and Radio Catolica, operated by the
Catholic Archdiocese of Managua — the last vestiges of the
independent, nongovernment-controlled mass media; and the
forced exile of a leading bishop, the Curia's spokesman, and a
priest .

There were also continuing unconfirmed claims of the murder of
civilians in the Atlantic coast region during 1986. These
reports came from refugees entering Costa Rican camps who
allege that the Sandinistas have begun using "death squads"
for the execution of rural inhabitants, mostly young males,
considered sympathetic to the resistance.

The armed resistance similarly has been charged with numerous
violations of human rights, including forced recruitment, use
of pressure-sensitive mines, summary executions of prisoners
and regime officials, torture, kidnapings of noncombatants,
and attacks on civilians. As with most of the reports
concerning the massacre of civilians in remote areas by the
Sandinista authorities, it has proven extremely difficult to
obtain objective independent verification of these charges.

570

NICARAGUA

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were reports that 32 persons were killed by Sandinista
authorities for apparently political motives during the past
12 months, with unconfirmed claims of as many as 500 civilians
killed by government troops in the Government's counter-
insurgency efforts. In addition, 15 to 20 prisoners
reportedly were killed with automatic weapons fire in one of
Nicaragua's largest "model prisons" when authorities broke up
a hunger strike involving several hundred prisoners.

Victims of political killing included:

— Salomon Telleria, a member of the Social Christian
Party (PSC), died on February 14 of internal injuries after
being severely beaten in a DGSE prison in Leon.

— Eduardo Jose Trejos, a Ministry of Interior (MINT)
official convicted of espionage, was reported by the
Government on June 4 to have hanged himself with a sheet in
his cell in El Chipote prison. Former prisoners report that
cells in that facility are not provided with sheets. A
request by the Trejos family for an autopsy was denied by the
authorities. They also forbade the family to open Mr. Trejos'
casket prior to interment.

— Daniel Gonzalez, a campesino activist of the PSC
Revolutionary Youth, was shot to death by Sandinista soldiers
Eugenic Laguna Silva and Pablo Urrutia Aviles on January 20;
Gonzalez had been badly beaten by the two soldiers on November
22, 1985.

— Tomas Reyes Gutierrez died while in the custody of the
DGSE. In January the Permanent Commission on Human Rights
(CPDH) , Nicaragua's only independent human rights group,
received a complaint concerning his murder, following his
detention on suspicion of having links with the resistance.
Reyes had been shot several times and his body showed evidence
of torture and mutilation.

— Juan Pablo Pineda, an evangelical minister, was killed
while under arrest by a two-man patrol in November 1985,
although the case was not made public by the Government until
January 1986. One of the perpetrators was arrested, according
to authorities, while the other escaped.

— A farmer and his wife in Nueva Guinea were reported by
neighbors to have been killed by an army patrol in October
after admitting to having given food to the armed opposition.

— Two members of the military were shot "while trying to
escape," one after being arrested for desertion and the other
after shooting Belgian agricultural adviser Paul Dessers .
Although Dessers was killed at a spot identified by local
residents as a routine Army checkpoint, the Government
publicly claimed he had been shot by a soldier "recently"
discovered to have ties to mercenaries.

In addition to the above persons, 23 others were reported to
have been summarily executed by military or security forces.

571

NICARAGUA

There also were numerous unconfirmed reports of murders of
civilians in isolated rural areas by the Sandinista military.
Although names, places, and in many cases dates of death and
names of the perpetrators are available, it has not been
possible to verify the allegations.

The Government has been accused of siommarily executing
prisoners taken during combat. An example was a wounded
resistance combatant who was sprayed with machine gun fire by
Sandinista militia following an attack on the military
headquarters at El Nispero.

In the 5 years of civil war, only 600 to 650 resistance
combatants have been identified as coming to trial before the
Popular Anti-Somocista Tribunals (TPA's), special courts
created to try political crimes. This figure compares to the
Government's claimed total for resistance combat deaths of
16,000 as of July 1986, with 4,000 allegedly killed in 1986
alone. While it is not possible to determine the numbers of
resistance prisoners being held by the Sandinistas (or the
actual number of resistance combatants killed in fighting),
allegations have been made by refugees and defectors that
resistance prisoners are being held without the formality of a
TPA trial or have been executed without trial while in
Sandinista custody.

According to the Government, about 1,000 civilians were killed
by the resistance in 1986. Independent verification of the
combatant status of victims, of the number of civilian deaths
attributable to the resistance, and of the number that
constituted deliberate as opposed to inadvertent killings is
virtually impossible since the Government controls access to
sites of alleged killings and the dissemination of pertinent
information.

Determining the number of civilian casualties is complicated
by the Government's practice of tasking persons engaged
primarily in civilian occupations with additional defense
responsibilities. The Government consistently withholds
information on the military or paramilitary functions of
victims, publicizing only their alleged civilian status.

Charges against the resistance during 1986 included the
following incidents:

— On July 3, the official Nicaragua press reported that a
civilian truck had struck a mine placed by the resistance,
killing 32 civilians. Resistance headq^aarters was
simultaneously informed that a grenade thrown by a Sandinista
unit at resistance fighters had struck a passing truck, causing
an explosion that resulted in the deaths of 31 civilians.
There is no evidence available to confirm either version of
the event .

— On July 28, the Sandinista media reported the deaths of
five persons in a "contra" ambush of two official vehicles.
Two victims were reported as Nicaraguan Sandinista Party
militants and three as "internationalists." Documents
recovered from the bodies indicated that at least four and
probably all five were Europeans. Three carried Ministry of
Interior permits for AK-47 assault rifles and pistols; one
carried a document identifying him as a Sandinista official
and a photo in which he wore a Sandinista military uniform.

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— On May 17, eight West Germans were taken prisoner by
the resistance after an attack on an agricultural cooperative.
They were captured in a military barracks attached to the
project. Some, according to the resistance unit, were
uniformed and armed. Despite intensive efforts by the West
German Government and the Nicaraguan Democratic Forces (FDN),
the main armed resistance group, to reach an agreement with
the Sandinistas for their safe release, their captivity
continued for 25 days. The Sandinistas objected to various
conditions, including handing over the prisoners to an
independent third party. During that period, the Sandinista
army pursued the group closely, repeatedly opening fire. The
prisoners were released June 10 into the custody of a local
Moravian Church. In their statements to the press, the
released captives complained that they had to sleep on the
ground and walk long distances, and that their captors fired
rifles into the air or near them to keep them on the move.

— Sandinista authorities reported that the resistance
attacked a bus October 14, killing 2 civilians and wounding
32. Witnesses, including a journalist, reported that a
Sandinista soldier had opened fire on a resistance combatant
who had stopped the bus looking for Sandinista military,
setting off a panicked barrage of return fire by the unit.

— On October 20, a vehicle reportedly struck a mine in
northern Nicaragua that the Government claimed was placed by
the resistance. Five or six civilians were said to have been
killed. There is no independent information to confirm the
Government's allegation.

— On November 11, a resistance unit attacked a militia
command post at El Nispero, in southern Nicaragua. The
Government blamed the resistance for the death of seven
civilians and the wounding of six, portraying the action as a
brutal attack on civilians. A report by a foreign journalist
indicated that all but one of the deaths were inadvertent
casualties. The resistance unit denied the reporter's claim
that it had slit the throat of a 1-year-old child. In a
detailed account of the engagement, they stated that the child
and its mother had been killed by blind fire while they hid in
a small hut attached to the command post. The mother was the
sister of one of the resistance combatants.

— On November 20, the Government reported that "contras"
had attacked a "caravan of civilian vehicles" from the Ministry
of Construction, killing three civilians and kidnapping seven,
including a Swedish aid worker. Subsec[uent inquiries from the
foreign press revealed that three Ministry of Interior
soldiers had been killed in the ambush, no kidnapings had
occurred, and no foreign aid workers were involved. The
Ministry of Defense attributed the original report to
"confusion. "

— Government authorities alleged that the "contras" had
ambushed a civilian vehicle November 13, killing five
civilians, including the vice president of the Sandinista
Cattlemen's Union (UNAG) . The group reportedly was traveling
in a military vehicle; victims included both civilians and
soldiers, and all passengers were armed with assault rifles
and pistols .

In many cases, civilian casualties are sustained in the course
of combat. In every instance, the Government declares such
casualties a result of resistance fire. The likelihood of

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unnecessary civilian deaths is significantly increased by the
Government's deliberate policy of transporting civilians, in
military convoys, which are key targets for resistance units,
and of arming persons in civilian occupations and tasking them
with military responsibilities. The Government announced, for
example, that half of the 10,000 coffee pickers in Military
Region VI had been armed and had received military training.
Armed harvesters included members of the Sandinista Youth
described as occupying the "second defensive echelon. .. after
the irregular warfare troops... the permanent territorial
troops, and the territorial militia." Newspapers also have
printed photographs of uniformed and partially uniformed
members of "harvest brigades" who are virtually
indistinguishable from regular array troops. On January 11,
Daniel Ortega distributed land titles and rifles to communal
farmers. The Manuel Escobar Shock Brigade, which will be sent
to build bridges and roads in northern Zelaya, consists of
youths described as members of the Army reserve, militarily
experienced, and "ready to work with a rifle at their
shoulder." Brigade members shown in a photo accompanying the
press announcement of its formation were uniformed, and the 61
members were said to be prepared to act as "soldiers" if
necessary.

The same ambiguity characterizes the agricultural cooperatives
frequently targeted by the resistance. Although the
Sandinistas internationally publicize these settlements as
strictly civilian enterprises, the claim is demonstrably
false. The agricultural cooperatives in combat regions were
conceived and developed as "links in the system of territorial
defense." The units are guarded by militia or regular
military personnel. The civilian workers also carry out
military functions and receive routine military training by
the Army. The system was publicly announced as a strategy for
replacing individual farmers in combat areas — many of whom
were proresistance — with armed pro-Sandinista cooperatives in
order to deny a base of popular support to the resistance.
Such cooperatives generally have both civilian and military
functions .

Other deaths charged to the resistance by the Government are
allegedly caused by mines. Although Sandinista Defense
Minister Humberto Ortega publicly stated that the Government
has placed thousands of mines in border areas, the Government
has consistently attributed deaths of civilians caused by
mines to the resistance.

b. Disappearance

As in previous years, many disappearances reported in
Nicaragua are a result of the Government's policy of holding
prisoners in jails distant from their homes, concealing or
denying their arrests, and failing to notify family members of
arrest. Other persons disappear and are not seen alive
again. CPDH reported 22 cases of unresolved disappearances
attributed to the Government by the end of October 1986.

The Government in 1986 charged the resistance with several
hundred kidnapings, not including the 11,000 Indians said by
the Sandinistas to have been "kidnaped" in March 1986 by a few
hundred Indian resistance fighters. This raises the total of
such "kidnapings" attributed to the resistance since 1979 to
688. While it is certain that the resistance has taken
civilian prisoners, the exact number is not known. The main
armed resistance group, the FDN, has published a list of

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approximately 70 prisoners. FDN leaders have sought to
release prisoners to the International Cotranittee of the Red
Cross (ICRC), but no agreement has been reached on a prisoner
release. The Government press routinely publicizes cases of
"mass amnesties" of persons who publicly claim to have been
with the resistance under force and to have escaped or to have
been "liberated" by the Sandinista military.

Resistance commanders claim to have instituted a system of
choice for persons taken prisoner, under which they may remain
as a prisoner, fight with the resistance, or return to their
homes. According to unit leaders, most opt to return home.
In order to prevent false charges of execution of prisoners,
resistance units try to release their prisoners only to third
parties who are able to provide transportation out of combat
areas for those who are freed. In practice, this appears to
mean stopping passing motorists to request their assistance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Reports of the beating of political prisoners and intense
"psychological torture" by government authorities are common,
and conditions in prisons not open to public inspection are
consistently reported to be dehumanizing. The Government
appears to have a deliberate policy of degrading political
prisoners and undermining their will to resist. Reports by
former political prisoners and three letters smuggled out of
prisons during 1986 commonly include references to such
violations as mock executions; death threats against
themselves and their families; false reports by interrogators
of the torture and death of prisoners' families; deprivation
of food, water, and sleep; immersion in barrels of cold water
for days at a time; other forms of sometimes severe physical
abuse; and sexual molestation. At the DGSE prison in Esteli,
prisoners are reportedly hung by their thumbs and beaten.

In at least the Zona Franca prison, inmates are reported to be
punished by being placed in the "sucker," an old truck body
sealed and exposed to the sun. Prisoners thus confined for
more than a few hours suffer extreme dehydration. There are
also recurring reports of underground prison cells for
isolation of prisoners. Both defectors and ex-prisoners have
also reported the use of dogs for terror ization of prisoners
during interrogation. Canine teams reportedly were brought
originally from Cuba to Nicaragua; dogs are now bred there and
trained for use by the Ministry of Interior.

Prisons are said by former inmates to be severely overcrowded
and filthy. In DGSE prisons, allegedly the worst in
Nicaragua's prison system, as many as 20 people may be kept in
a cell designed for 4. A single bucket or a hole in the
ground generally is the only sanitary facility. Bathing is
rarely permitted, and even drinking water is severely
rationed. In some cases, prisoners are prohibited from
speaking with their cellmates on threat of punishment. Cells
are ventilated only by a tiny shaft, and prisoners are
disoriented by the manipulation of light. Food is limited to
inadequate quantities of rice and beans, often contaminated by
dirt and insects. Prisoners and detainees are interrogated
while hooded or while seated on the floor with their heads
between their legs. Recalcitrant prisoners are beaten by
guards or, sometimes, by other fellow prisoners employed for
that purpose. Prisoners also have reported beatings, denial

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of food or visits, removal to DGSE prisons, and exposure to
homosexual rape as so-called disciplinary measures.

Prisoners' families are also abused by the system. Visits are
brief and infrequent — generally no more than once every
3 months — and denial of prisoners' visitation rights is a
commonly used punishment in the penitentiary system. Prison
authorities have also been reported to demand sexual favors
from family members in exchange for visiting privileges.

d. Arbitrary Arrest, Detention, or Exile

The Nicaraguan Government continues to arrest and detain
thousands of citizens on vague charges of counterrevolutionary
involvement. With the denial of the right to habeas corpus to
those charged with "political" crimes., mass arrests of
suspected resistance supporters or sympathizers have become
increasingly common. Suspects are often held for several
months without charge and without access to counsel .
Arbitrary short-term arrest and interrogation is a key element
in the Government's harassment of the civilian opposition.

As of September 1986, the Government had announced the
detention of over 3,000 people on suspicion of involvement in
"counterrevolution." It is unknown how many of those detained
remain in Sandinista custody. Another 2,300 people were
detained and then released and granted amnesty for similar
crimes. In early 1986, over 200 Catholic "Delegates of the
Word" were arrested in the Nueva Guinea area. Almost 100
members of the Autonomous Nicaraguan Workers Confederation
(CTN-A) were arrested at the same time. In the largest single
operation announced by the Government, 1,500 persons were
reported arrested during a 2-week period in March in the Rio
Coco de Matagalpa area. The Government press reported 518
people arrested in February, 250 arrested in the Rama-Nueva
Guinea area in March, and another 328 detained in May. On at
least one occasion, in March in El Jicote, the entire male
population of a village was detained on suspicion of
counterrevolutionary involvement .

Even though accused of being "couriers" or "collaborators"
with the resistance, few of those detained are officially
charged. For example, of the 49 CTN-A labor activists still
imprisoned, only 1 has been formally charged. Based on
reports from persons released from Sandinista prisons,
detainees often are held for 3 or 4 months for interrogation,
and then are either released, granted amnesty, or remanded to
the TPA's for trial as a counterrevolutionary. At any given
time, between 1,500 and 3,000 persons are being held in this
fashion without charge or trial.

Harassing detentions of shorter duration are also common.
These detentions, invariably of persons active in or known to
be sympathetic to the opposition, may last from a few hours to
a few weeks. The common view of those subjected to this
treatment is that the aim is to create generalized fear of the
Government's powers of retribution and its ability to discover
details of both private and public activity. Among opposition
members detained were; Ricardo Martinez of the Nicaraguan
Workers Confederation (CTN); PSC Revolutionary Youth leader
Fanor Avendano; Humberto Urbina of the PSC; and Bayardo
Guzman, Vice President of the Liberal Independent Party (PLI).

The total prison population (prisoners and detainees) in
Nicaragua has been estimated by ex-prisoners and former prison

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officials to be as high as 20,000. A more common estimate,
however, is around 15,000. This figure includes common
criminals and political prisoners, including former National
Guardsmen. Government figures show an increase of 50 percent
in the prison population in the last 2 years, and there has
been a fourfold expansion in prison space since the
Sandinistas came to power. It is estimated that there are
from 8,000 to 10,000 political prisoners and detainees.

Formal exile has not been commonly used by the Sandinista
Government, although members of the business community have
reported death threats against themselves and their families,
which they believe are indirect attempts to force them into
"voluntary" exile. In 1986, however, the Government exiled
two leading opponents. On June 28, Father Bismarck Carballo,
a Catholic priest and spokesman for the Nicaraguan Church, was
prevented from returning to Nicaragua. Carballo was a
frequent target of Sandinista media attacks and other forms of
abuse. The Government justified the exile as retaliation for
Carballo's alleged "lobbying" in Washington for U.S. support
for the armed opposition.

By contrast, DGSE agents forcibly removed the Bishop of
Juigalpa, Pablo Antonio Vega, from his residence, flying him
to the Honduran border where he was released to Honduran
authorities. Vega's exile capped several weeks of tension
brought on by his criticism of the Sandinistas' domestic
policies. The Nicaraguan Government announced that Vega was
exiled for his support of the "contras.

Prohibitions on the use of compulsory or forced labor are
among the rights and guarantees of Nicaraguan citizens.
Although there were recurring rumors during 1986 of the use of
involuntary prisoner labor, none of those charges has been
confirmed. The Government does, however, exert pressures on
students and government employees to "volunteer" labor for
such tasks as coffee harvesting. There have been numerous
credible reports that failure to participate in such
ostensibly voluntary labor results in expulsion from schools
and other forms of reprisal.

e. Denial of Fair Public Trial

Nicaragua has three court systems: the civil and criminal
courts of the Ministry of Justice; the Sandinista Police
Courts of the Ministry of Interior; and the TPA's. While
Sandinista adherents dominate each of these systems, the TPA
is the most clearly politicized. The TPA is reserved for
trial of political and armed opponents of the regime and lacks
basic elements of due process. Defense lawyers are seriously
.restricted in access to their clients and are largely blocked
by procedural impediments from presenting a meaningful
defense. Trials as a rule are conducted in secret, and the
admissibility of evidence is heavily weighted in favor of the
prosecution. Reportedly, most convictions are based on
"confessions" obtained in secret interrogations, during which
torture and psychological abuse are commonly used. The
decision of the TPA can be appealed only in its own appellate
court — the Nicaraguan Supreme Court cannot intervene. The
combined judge and jury generally consists of two Sandinista
militants, generally without legal expertise, and a third
member who usually is a former judge or a former employee of
the Ministry of Justice. As of July 1986, 376 prisoners had
been convicted by the TPA's. Government figures and estimates
from human rights organizations show that at least 1,371

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persons have been tried by the TPA's since their inception.
Only 90 defendants have been found innocent, for a conviction
rate of over 90 percent.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Sandinista Government does not recognize the right to
privacy and the inviolability of the home and correspondence,
the suspension of which was reaffirmed in the October 1985
declaration of a state of emergency. The telephones of most
opposition activists or those who maintain contact with the
diplomatic community are tapped, and correspondence,
especially from abroad, is examined. Surveillance of
Government opponents at all levels is routine. The DGSE has
established networks of informers in every town and
neighborhood, using agents from Sandinista mass organizations
and, when possible, former detainees who provide it
information under duress. "Revolutionary vigilance," the
special task of the Sandinista Defense Committees (CDS's),
involves monitoring the population for indications of
anti-Sandinista sentiment; they report the activities,
statements, and visitors of persons identified by DGSE as
opponents .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and of the press are severely restricted in
Nicaragua. Government or pro-Sandinista ownership of most of
the mass media and strict censorship of the few remaining
private radio stations ensure that unauthorized opinions do
not reach Nicaraguans through these media. A few independent
publications of limited distribution still exist, such as the
monthly reports of the CPDH and the newsletters of some
opposition parties and business organizations. Efforts to
publish more have been met with threats to confiscate printing
presses. The political point of view of any form of mass
communication continues to be the criterion by which the
Government judges its permissibility.

In 1986 there were three major cases of the violation of
freedom of speech and press. They were the closure of Radio
Catolica on January 2 allegedly for failure to broadcast the
first half of President Ortega's New Year's Day speech; the
banning of the opposition daily. La Prensa, in June; and the
conviction of seven journalists for writing "counter-
revolutionary articles" for Honduran newspapers. The 7 were
convicted by the TPA's and sentenced to 10 years each in
prison, a sentence upheld by the TPA appellate division in
July.

Both La Prensa and Radio Catolica had been subjected to severe
and arbitrary censorship prior to their closure. The
democratic opposition and the Catholic Church now have no
means of mass communication.

b. Freedom of Peaceful Assembly and Association

The Sandinistas limit the freedom of assembly and association
to FSLN or government-approved organizations. Groups not
affiliated in some way with the State or the ruling party
usually find efforts to carry out meetings of any size
routinely frustrated. Smaller meetings are more often

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tolerated. All groups and organizations must register and
receive government recognition in order to function as a legal
entity. All outdoor public assemblies must receive prior
authorization from the police. In what was later dismissed as
an error by the FSLN, a meeting of the officially recognized
faction of the Conservative Party to discuss the draft
constitution was broken up by the police in January.

The freedom not to associate is also being violated. The
Sandinistas have created various FSLN-af filiated mass
organizations, membership in which, while ostensibly
voluntary, is frequently a prerequisite for access to basic
goods and services. Everyone is expected to belong to a CDS,
which exercises control over access to subsidized food stores,
often the only source of affordable staples for the average
Nicaraguan. The CDS also issues letters of recommendation for
those seeking government jobs, without which such employment
is often difficult to obtain, and controls access to medical
care, housing, and education. Those refusing to participate
in CDS functions are often denied these scarce commodities or
services. Membership in Sandinista unions and student
organizations is also more obligatory than voluntary. Failure
to join such organizations often results in some form of
retribution such as expulsion from school, loss of employment,
and, on occasion, harassment and detention.

The three independent labor confederations continued to face
strong pressure from the Sandinistas in 1986. Many members
have been harassed and others arrested or threatened with
death because of their membership. There have also been
reports of DGSE intimidation aimed at obtaining members'
cooperation as informants. Members of independent
agricultural unions in Ocotal in April reported receiving
threats from Sandinista authorities to evict them from their
land because of their refusal to leave the Confederation of
Labor Unity (CUS), an organization affiliated with the
International Confederation of Free Trade Unions (ICFTU).

Over 200 members of the CUS, the Nicaraguan Workers
Confederation (affiliated with the Latin American Labor
Central, CLAT), and the CTN-A were arrested in 1986. Some of
those arrested were released within a few days, others after
several months, and some remain imprisoned. Most were
arrested on charges of counterrevolutionary activity, although
one group of 14 was arrested on charges of theft. In many
cases, no charges have been made known, either to the public
or to the detainees. The Chichigalpa headquarters of the CUS
were seized in April by members of the Sandinista Youth
Organization, led by Ministry of Interior officers. The
house, badly vandalized, was returned several months later as
a result of strong international pressure. In March the DGSE
also carried out a raid on CUS offices at the San Antonio
sugar mill. CUS members who had formed their own agricultural
cooperative were denied supplies and materials from the state
agricultural store, ostensibly open to all, and had their
crops destroyed when Sandinista officials drove tractors over
planted fields.

Under the state of emergency, Nicaraguan workers enjoy neither
the right to strike nor the right to organize. All activities
of independent labor organizations thus can be treated as
illegal by the authorities, who can move against them
virtually at will. Members of independent unions risk loss of
employment and denial of access to scarce goods and services,
as well as face harsher forms of punishment. Nevertheless,

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labor recruitment by the independent trade unions has been
aided by the declining economic situation, the failure of the
Government to pay state workers a living wage, and the
ineffectiveness of government-controlled unions to represent
worker interests. Even among official labor organizations,
however, there have been demonstrations of discontent with
government policies. Several wildcat strikes by members of
government unions at government-owned plants in 1986 were
suppressed and strikers fired and jailed. One such incident
occurred at a state-owned clothing factory, another at the
state-owned brewery, and a third in the state airline,
Aeronica .

Private and professional organizations still exist in
Nicaragua, but they are increasingly demoralized as a result
of continuing harassment and pressure from the authorities.
They have further suffered from the flight of professionals
and businessmen from the country. The Confederation of
Professional Associations of Nicaragua, a private professional
organization umbrella group, has opted to abandon political
confrontation as membership has fallen, and restrictions on
activities have increased. The Superior Council for Private
Enterprise, the umbrella business organization, has also
experienced organizational and morale problems.

Among the most intensely targeted of the private sector
organizations in 1986 have been the private cattlemen's
groups. This sector of the business community reported
throughout 1986 fairly consistent pressure from the
Government, including surveillance of members and officers,
threats to life, threatened and actual confiscation of
property, and imprisonment. One member of the Managua
Cattlemen's Association abruptly departed Nicaragua because of
the intensity of the threats against him and his family.
Another cattlemen's association in August reported that 150
members had been arrested since November 1985, none of whom
had been released.

Along with repression of opposition activities, the
Sandinistas have established state-controlled organizations
paralleling those in the private sector. Sandinista-
affiliated entities enjoy significant advantages over their
private counterparts, including ready access to scarce
resources, to the media, to officially funded travel abroad
for representational purposes, and to visiting groups
sponsored by proregime solidarity organizations. The
expanding circle of FSLN fronts includes labor, religious,
cultural, and even "private enterprise" associations.

c. Freedom of Religion

Eighty-five percent of the Nicaraguan people are Roman
Catholics. The remainder belong to various Protestant
denominations, including Moravians, Anglicans, Baptists, and
Evangelicals. There were no reports received in 1986 of the
disruption of church services, although broadcasts by
religious radio stations were subject to prior censorship. In
general, government retribution against the religious faithful
is reserved for those who are vocal opponents of government
policies. Catholic Charismatics and Protestant Evangelicals
appear to be at particular risk.

The Catholic Church, as the most influential defender of the
rights of Nicaraguans, sustained a steady assault on its
institutions during the first half of 1986, although attacks

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on religious believers were less severe than in November and
December 1985 when numerous reports were received of
interrogation, short-term detention, and longer-term
imprisonment of Catholic lay workers. One Catholic activist,
Juan Tor rente, was arrested in Nueva Guinea in late December
1985 and died in February of complications from beatings he
received while in detention. Catholic priests were also
victims of Government harassment: dozens were summoned for
interrogation where they were photographed and fingerprinted.
Several of the priests also reported physical abuse.

Throughout the year the Catholic Church was on warning that
foreign priests working in Nicaragua would be deported if they
continued to engage in activities perceived by the Government
to be "political." The threat was sharpened on January 14
when Minister of Interior Tomas Borge announced in an
interview in Mexico's El Dia that no new foreign priests would
be permitted entry into Nicaragua to fill vacancies created by
expulsions of priests already in the country. Even those
tangentially affiliated with the Church were subject to
deportation.

The DGSE arrested an administrator of the social services
agency, along with a director of a Church Parochial Board, in
November 1985. The same month, the religion editor of La
Prensa, Norman Talavera, was arrested and held 5 days for
interrogation concerning his involvement with the Catholic
Church and his relations with Cardinal Miguel Obando Bravo.

The Cardinal was twice denied permission by the Government to
celebrate mass, once at a local health clinic and once for
Managua's market women on Mothers Day. In January the
Catholic Church radio facilities were permanently closed in an
armed raid by the DGSE; in April all copies of a church
bulletin were ordered turned over to the DGSE. The same month
the Ministry of Justice issued a decree declaring the Managua
Archdiocesan Commission for Social Promotion (COPROSA) an
illicit organization.

These substantive attacks on the Church were accompanied by a
harsh campaign against the Church hierarchy in the government-
controlled and pro-Sandinista media. Father Carballo and
Bishop Vega were denied the right to reside in Nicaragua. In
September an American priest with 12 years' pastoral work in
Nicaragua was denied reentry to the country after a visit to
the United States. His residence permit was confiscated.
After interventions from various Church authorities, the
priest was allowed to return to Nicaragua. In December a
Salvadoran priest and longtime resident of Nicaragua, Father
Gregorio Landaverde Flores, was denied reentry after returning
from studies in Colombia.

Attacks on Evangelicals and other Protestant denominations
continued during 1986. In August an Assembly of God church
under construction in Managua was stormed by a mob led by FSLN
and CDS officials and completely destroyed. The mob had been
recruited from another neighborhood and arrived wielding axes,
shovels, and crowbars. During the destruction, a 16-year old
boy was struck in the head with a rock, leaving him in
critical condition. Despite initial promises from the FSLN
that the damage would be paid for and the guilty parties
punished, church officials were later summoned to the DGSE and
warned that they were prohibited indefinitely from conducting
religious services.

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In August Moravian Church ministers in Puerto Cabezas reported
that they had been placed under town arrest by Sandinista
authorities, and that a meeting of church ministers, scheduled
for late August on Corn Island, was canceled on government
orders. It has not been possible to confirm these allegations
because of the Government's strict control of travel to the
Atlantic Coast. Several hundred Evangelicals were reported in
the government press to have been detained in May in the
Matagalpa region of Nicaragua, and another 100 were detained
in the Zelaya region in February. All were rounded up in the
Government's counter insurgency campaign.

Neither Nicaraguan law nor the r-v Constitution provide for
exemption from military conscription on the ground of
conscientious objection. There has been no further
conscription of seminarians since 1985, and Catholic priests
have never been conscripted, reportedly due to a concordat
with the Vatican. However, in a November speech. President
Ortega stated that seminarians "have to do their military
service." He singled out only bishops as specifically exempt
from military service, leaving in question the status of
ordinary priests. The Government has not exempted clergy of
other faiths from conscription, and the conscription law is
applied to conscientious objectors.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement is restricted. Travel out of Nicaragua
now requires a passport and exit visa. The Government limits
some opposition leaders to single-exit visas only. Both
passports and visas are now frequently denied to draft-age
males, professionals whose skills the Government wishes to
retain, and political opponents whose travels are considered
inimical to government interests. The Government has
announced several times that the CDS would be charged with
preventing people from moving into Managua from other areas,
and there have been several incidents where a local CDS has
destroyed partially constructed houses before owners could
establish residence.

Forced resettlement is a key element in the Government's
counterinsurgency strategy, as suggested in a government
publication which refers to resettlement camps as "part of a
defensive chain that contributes to the strategic defeat of
the FDN." The purpose of the camps is to deny the resistance
a base of popular support in rural Nicaragua and to protect
those loyal to the FSLN. The Government admits to having
relocated 204,057 people, but the number of resettled persons
may be as high as 300,000. There have been reports of
brutality used against persons who have refused to leave their
homes, and crops reportedly have been destroyed as the
population is moved out. Relocated Nicaraguans are placed in
cooperatives where their economic activity comes under
government control.

There were no reports of refugees forcibly repatriated from
Nicaragua in 1986. According to the United Nations High
Commissioner on Refugees, 800 Salvadorans were repatriated
during the year. Many chose to leave because of deteriorating
conditions in the country, but in general the treatment of
refugees in Nicaragua has been good.

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Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Governnient

Thirteen political parties coexist with the FSLN in Nicaragua,
most of which are opposed to the Government. Nevertheless,
the FSLN dominates Nicaraguan political life and has moved
rapidly to expand and consolidate its control of the country's
political structure. The FSLN openly describes itself as
Nicaragua's "vanguard," committed to the "socialist
transformation" of the country's socioeconomic foundation.
The FSLN permeates the Government: it has total control over
official resources from the national level down to the
village, and it has moved increasingly to expand party-state
control over privately owned resources as well. Political
power in Nicaragua is concentrated in the nine-man FSLN
National Directorate. As in other Marxist-Leninist parties,
power flows from this small group downward to lower party
structures: the Sandinista Party Assembly, the various FSLN
organizational departments, and the regional party cadres.
The FSLN essentially formulates national policy, which is
implemented by the Government. Membership in the party and
nomination to key government positions is determined by the
degree of demonstrated loyalty to Sandinista ideology and
goals, and increasingly there is a pattern of interlocking
FSLN-Government authority. Although the government
bureaucracy in general continues to be staffed by persons who
are not members of the FSLN, real power is closely held by the
Sandinista militants. The various mass organizations
affiliated with the FSLN function chiefly as instruments for
public control and indoctrination.

Opposition groups in Nicaragua that have refused to come to an
accommodation with the FSLN are the focus of a continuing
campaign of repression aimed at limiting their membership,
weakening their internal cohesion, and isolating them from
external support. Members of the opposition are routinely
threatened, denied access to goods and services, interrogated,
detained, arrested, and harassed by other means. The
government strategy of identifying the civil opposition from
all sectors as internal fronts for the armed resistance is a
constant theme of the government-controlled press and media.
Opposition leaders also report taunts from the DGSE that their
names are on a list of those to be imprisoned or killed at
some unspecified point in the future. The Government uses the
armed opposition as a rationale for further actions to
suppress domestic dissent, thereby accelerating a process the
opposition considers inevitable.

All genuine political opposition activity is a target for
repression, but those organizations engaged in activities
focused on mobilization of grass-roots support are the chief
victims. The Social Christian Party and the Independent
Liberal Party (PLI) have suffered the most from the punitive
measures of State Security. The PSC has come in for the most
violent abuse: three of its members were killed by Sandinista
authorities in 1986. Thirty-five PLI activists were arrested
in May on charges of conspiracy in an "internal front," and in
September, Party Vice President Bayardo Guzman was arrested
and held incommunicado for 2 weeks.

A member of the National Assembly, Conservative Felix Pedro
Espinosa, was punished for his outspoken opposition to the
Government from the Assembly floor and in his public
statements. He was charged by the Government with arson for
the burning of his own property. Although the arrest warrant

583

NICARAGUA

for the alleged arsonists was dated the day prior to the
crime, and the Conservatives charged that a confession was
obtained by torture. Assembly President Carlos Nunez dismissed
the objections, stripped Espinosa of his legislative immunity,
and ordered him to stand trial. In mid-July Espinosa took
refuge in the Venezuelan Embassy, where he remains.

One of the most common tactics used by the Government in
undermining opposition strength is its use of agents to
infiltrate organizations for the purpose of reporting internal
developments and stimulating frictions and factionalism. DGSE
approaches to various opposition members for this purpose,
using threats or inducements, have been reported in virtually
every opposition organization.

A somewhat different approach was taken with the Social
Democrats. The FSLN not only infiltrated the party — one
high-ranking PSD leader confessed his role to party leaders in
1986 — but sought to discredit the PSD leadership. For
instance, a DGSE agent delivered to party headquarters
"secret" documents, "found on a bus," indicating that Luis
Rivas Leiva, party president, was a Sandinista agent; Rivas
Leiva was abroad at the time. A few days later, several
uniformed DGSE officials called to demand the return of the
documents, saying that they had been misdelivered .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government of Nicaragua has allowed a number of
international human rights organizations to visit the country
and has responded to inquiries from the United Nations Human
Rights Commission and the Inter-American Commission on Human
Rights. It has not, however, allowed the Inter-American
Commission on Human Rights to visit. That organization, in
its most recent report, cited the "lack of cooperation" of the
Government of Nicaragua and expressed its "deep frustration."
In general the Government approaches human rights
investigations as potential instruments of propaganda. Its
treatment of independent investigations depends largely on how
useful they are perceived to be. Some independent groups have
worked closely with the Government, accepting government
assistance and reportedly deliberately ignoring information on
government human rights abuses. Others have adopted largely
uncritical attitudes toward government-disseminated reporting,
despite firsthand information from key government defectors on
the Sandinistas' routine use of falsification and deception to
deflect human rights inquiries from international
organizations. The CPDH, the only independent human rights
group in Nicaragua, suffers from continuous harassment and is
protected from closure and arrest of its personnel only by
international interest. The Government has attempted to
censor CPDH monthly reports and refuses to answer CPDH
inquiries into alleged government abuses. The ICRC visits
some prisons in Nicaragua, but along with all other human
rights organizations or investigative bodies, it is denied
access to any DGSE prison.

Until October 1985, the Archdiocese of Managua had its own
organization for monitoring human rights affairs as well as
for providing certain social welfare services. COPROSA was
closed at that time, and all its functions declared illegal in
April 1986. The Nicaraguan branch of the Catholic Church's
human rights organization. Peace and Justice, which shared the

584

NICARAGUA

COPROSA premises, was never reestablished after the October
raid.

The International League for Human Rights, in its July 1986
report, "Human Rights Defenders in Nicaragua", roundly
criticized the Government of Nicaragua for its harsh
restrictions on and outright closing of nongovernment human
rights organizations.

Until July, when it was disbanded, the United Nicaraguan
Opposition's Human Rights Commission (UNO/CDH) was tasked with
investigations into charges against the resistance. Impeded
by its inability to gain access to sites of alleged abuses, to
evidence, and to witnesses, UNO/CDH was unsuccessful in
establishing an objective basis for confirmation or rebuttal
of the charges disseminated by the Nicaraguan Government. In
most cases, the organization was able only to interrogate
persons who had participated in combat in which violations
were said to have occurred. UNO/CDH generally was able to
carry out satisfactory investigations only of incidents
relating to abuses committed within the resistance itself.
Persons found guilty were punished with imprisonment and/or
expulsion from the forces.

In November a new human rights monitoring organization
commenced operation. This organization, the Nicaraguan
Association for Human Rights (NAHR) , is independent of
UNO/CDH, although funded by the U.S. Government. The basic
objectives of the NAHR are the prevention and investigation of
human rights violations by the Nicaraguan armed resistance.
It will also interview Nicaraguan refugees to gain information
on Sandinista abuses.

NAHR is responsible for a comprehensive human rights
instruction program for resistance combatants. NAHR staff
have visited prisoners of the FDN and are actively seeking an
international organization to assist in returning them to
Nicaragua or to other nations willing to accept them. The
NAHR will investigate complaints of abuses and report on their
findings. The NAHR has reported that the armed resistance has
been cooperative and receptive to NAHR's inquiries and
programs .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Nicaragua's minorities, mostly Indians and blacks, are
concentrated on the country's Atlantic Coast. The largest of
the Indian tribes, the Miskito, and others such as the Sumo
and Rama, have suffered from violent attempts by the
Sandinistas to force the indigenous population into conformity
with the ideals of the State. The official policy of
repression and violence against the Indians, which became
apparent in early 1981, has led to the exodus of more than
one-third of the Indian population of Nicaragua. The
officially registered Indian refugee population in the
Honduran Mosquitia alone was approximately 20,000 by the end
of the year. Despite the Government's current effort to
project a conciliatory image, the use of force against Miskito
civilians continued during 1986. The most conspicuous
violation of Indian rights occurred in March when elements of
the EPS opened fire on villages along the Rio Coco, panicking
11,000 to 12,000 Indians into flight to the Honduran
Mosquitia. Several thousand of the Indian refugees in

585

NICARAGUA -

Honduras, however, reportedly have since returned to their
homes .

Women are not subject to any special restrictive measures by
the Government and are to be found participating actively in
most levels of government and of society. However, the
revolution has not succeeded in significantly changing the
cultural constraints faced by women in Nicaraguan society.

CONDITIONS OF LABOR

Children under the age of 14 are not legally permitted to
work. However, Ministry of Labor officials adroit that, due to
problems of enforcement, the prohibition on child labor is
often disregarded in the countryside. The AFL-CIO in November
reported that child labor is "widespread" in the country. In
that same report, the AFL-CIO also criticized the inadequate
health and safety measures in place in Nicaragua for the
protection of workers.

Under the National Organizational System for Work and Salaries
(SNOTS), minimum and maximum salaries have been established
for all of Nicaragua's salaried employees working in the
public and private sectors. Agricultural workers have not
been incorporated into SNOTS, and most are paid on a piecework
basis (e.g., the amount of coffee or cotton picked). For
those who labor in the fields daily, however, a minimum wage
per task plus a daily food allowance have been established.
Although those rates were raised in 1986, the increases did
not offset the country's serious inflation, and the standard
of living for the average Nicaraguan worker continued its
decline .

Independent labor unions have protested the Government's
amendment of Article 22 of the Labor Code which eliminates
labor-management collective bargaining and replaces it with
the SNOTS system. The unions' major complaints are the
imposition of government criteria for wages and salaries, the
discontinuation of medical benefits, and the reduction of
Christmas bonuses.

586

U.S. OVERSEAS

LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: NICARAGUA

1984

1985

1986

I.ECON

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

DANS.

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

S ,

OTAL ,

N $-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV 5 WFP,
EF AGENCY.. ...
CON. ASSIST,.,

:e CORPS,

COTICS...
ER

II. MIL. ASSIST. -TOTAL,
LOANS

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING..
;.INTL MIL.ED.TRNG. .
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL £CON.

LOANS

GRANTS....

MIL,

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

O.D

0.0

a.1

0.0

0.1

0.0

0.1

0.0

OTHER US LDANS ,

EK-IM BAN'C LOANS.,
ALL OTHER

0.0
0.0
0.0

0.0
0.0
0,0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
193A 1985 1986

1946-86

TOTAL

0.8

0.3

Q.O

735.5

IBRD

0.0

231.1

IFC

0.0

9.5

IDA

0.0

60.0

IDS

0.0

405.4

AD3

0.0

AFDB

0.0

■, 0.0

0.0

UNDP

0.5

0,3

0.0

23.8

OTHER-UN

0.3

O.'O

0.0

5.7

EEC

0.0

587

PANAMA

Panama is legally a representative democracy with a
Constitution which mandates the direct popular election of
the President, legislators, and municipal representatives;
establishes an independent judiciary; and guarantees broad
civil and individual rights. In practice, however, the Panama
Defense Forces (PDF), despite constitutional proscriptions on
their political activity as an institution, continue to
dominate national politics.

On September 28, President Eric Arturo Delvalle completed one
year in office. As First Vice President, Delvalle assumed the
presidency after Nicolas Ardito Barletta was forced from the
office by the PDF and political leaders of the governing
coalition. The 1984 general elections, which brought the
Barletta-Delvalle slate to office, remain a source of friction
between the Government and opposition parties. The prolonged
vote tabulation process was marked by irregularities and drew
charges of fraud from the opposition coalition, which
ultimately rejected the electoral tribunal's count as invalid.

Since mid-1984, Panama has been confronted with overriding twin
fiscal problems: a heavy external debt burden and a large
government budget deficit. In March 1986, at the urging of its
international creditors, the Government passed a reform package
which reduced tariff protection of domestic industry, loosened
the country's restrictive labor code, and established tax and
export incentives in the agricultural sector.

There was no progress in 1986 toward a solution of the
September 1985 murder of regime opponent Hugo Spadafora.
However, there were no political murders during the year.

The most serious erosion of human rights in 1986 occurred in
the area of media freedom. While the Constitution guarantees
broad civil rights, and while an active opposition press
exists, during 1986 the Government applied a controversial
libel law unevenly to punish opposition media for certain
criticisms of the Government and the PDF.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No political killings occurred during 1986. Some media have
suggested official involvement in the July death, ruled a
suicide, of Rotary president Serafin Mitrotti. Mitrotti was
not known as an opponent of the Government. The September 1985
murder of Hugo Spadafora, a critic of PDF Commander Manuel
Antonio Noriega, also remains a source of tension between the
Government and the opposition. On December 19, 1985, the
Attorney General formally closed his investigation of the
Spadafora case and sent the file to the Fourth Superior Court
in Chiriqui Province for the investigation of charges of
complicity in the murder against three members of the PDF.
In February 1986, the Court dismissed these charges and
effectively closed the case. It appears unlikely that it will
be reopened, despite the efforts of the Spadafora family and
opposition elements to keep public attention focused on it.

588

PANAMA

b. Disappearance

No disappearances were reported in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits measures that harm the physical,
mental, or moral integrity of persons under detention.
Although there is no indication of systematic abuse of
prisoners, there have been credible reports of instances of
PDF abuse of detainees. For example, both opposition and
other media reported that agents of the PDF's intelligence
branch struck and kicked 10 members of the Christian Democratic
Youth Movement detained October 8 for their role in the seizure
of the office of the Legislative Assembly president. The
opposition press has reported three other instances of PDF
abuse of detainees during 1986: the tabloid Extra reported
February 22 that an epileptic was beaten by three members of
the PDF; La Prensa reported August 12 that a complaint was
filed against a PDF junior officer for beating a father and
son after illegally entering their home; La Prensa reported
September 27 that a law school student was admitted to a
clinic in critical condition due to a beating by PDF members
after he was arrested for participating in the September 26
occupation of the Social Security Fund offices.

Overcrowding in Panama's prisons continues to be a major
problem. This is attributed to a lack of funding and an
overburdened judicial system. The average population of the
Central Men's Prison in Panama City, built in 1925 to
accommodate 225, is now well over 700. Prisoners must "rent"
beds from other inmates or sleep on the floor. Food rations
are basic, largely rice. Supplemental foodstuffs and other
prison services not provided may be purchased by those able to
pay. There have been occasional newspaper articles criticizing
the conditions in the prisons and charging that they violate
internationally recognized human rights.

The El Renacer Rehabilitation Center, formerly the Canal Zone
Prison, has recently undertaken a number of reforms, including
better treatment of prisoners in terms of diet and physical
and mental health. There have also been improvements in
building maintenance and staff discipline and a general effort
to make the facility a true "rehabilitation center."

d. Arbitrary Arrest, Detention, or Exile

The Constitution establishes the right of a detained person to
a judicial determination of the legality of his detention and
requires warrants for arrest, except for persons arrested
during the commission of a crime. A suspect may be detained
for no more than 24 hours without being charged and brought
before a magistrate. The police must inform accused persons
immediately of the reasons for their detention and of their
constitutional and legal rights. Failure to comply with these
constitutional provisions has led to invalidation of sentences.

However, constitutional guarantees are not always honored.
For example, opposition columnist Guillermo Sanchez Borbon was
detained for several hours on February 18 after presenting
himself at the public prosecutor's office to give testimony on
libel charges growing out of the Spadafora murder case. He
was never informed of the reasons for his detention. Sanchez
was released after a few hours when friends and supporters

589

PANAMA

posted $5,000 bail. He subsequently printed an account of his
experiences while detained, including threats of physical
abuse by other inmates.

In a letter to the editor of The New York Times, a U.S.
citizen. Jack Sachs, detailed his illegal detention by the
investigative branch of the PDF. Mr. Sachs, traveling in
Panama on private business, was detained on July 10, held for
nearly 5 days without being charged or informed of the reasons
for his detention, and was refused permission to telephone his
family or the U.S. Embassy. On July 14, despite a judge's
finding that there was no legal basis for holding him, Sachs
was turned over to Panamanian Immigration officials rather
than being released from custody. He was deported the
following day, again without being informed of the reason for
this action.

After being charged with a criminal offense, an accused person
may be held for as long as necessary for authorities to conduct
the investigation and bring the case to trial. The judicial
system suffers from a chronic backlog, frequently resulting in
prison stays of up to 1 year for detainees awaiting trial.
Much of the overcrowding in the prisons is a result of the
large number of such detainees. Time spent in jail awaiting
trial counts toward completion of the final sentence for those
convicted.

There have been reliable and frequent reports that defense
attorneys ask clients for funds to bribe judicial authorities
to move their clients' cases forward on court dockets or to
secure their release from jail without benefit of a court
order. There have also been credible reports that detainees
secure release by bribing prison and immigration officials.

The possibility of conditional release from custody on bail
exists for persons accused of most crimes. The most
noteworthy exception is for international narcotics
trafficking; an individual accused of this crime is explicitly
denied recourse to bail.

Under Panama's criminal code, a convict may be required to
perform labor on public works projects if the sentencing judge
so specifies. The prisoner's sentence is reduced by 2 days for
every day spent in such work. There is no other legally
sanctioned compulsory labor.

The Constitution prohibits punishment by exile.

e. Denial of Fair Public Trial

» Persons charged with crimes are presumed innocent until proven
guilty and have the right to counsel. The local bar
association and national university law school offer legal
counsel at nominal fees. The Government provides public
defenders for indigent defendants but only after the pretrial
phase. Although the criminal code provides for public trials
based on oral testimony and argument, in practice most trial
procedures are conducted with written presentations by the
prosecution and defense without the presence of the accused;
the defendant is rarely present during the trial procedure.
The documents produced are available for examination by both
sides. In general, the burden of proof rests on the
prosecutor. The right to appeal a verdict is available the to

k prosecution and the defense. Homicide cases differ from
normal procedure in that the accused is present and is tried in

590

PANAMA

an open courtroom. A guilty verdict and sentencing in homicide
cases results in automatic appeal.

Although the Constitution prohibits self-incrimination, there
have been charges that juveniles and poor people with criminal
records have been detained and pressured during interrogation
to confess to crimes they may not have committed. Other
reported practices — publicly criticized in the Panamanian
press by government officials and private citizens — include
summary proceedings and convictions for misdemeanors by police
magistrates or night court judges without duly prescribed
defense counsel. Although crimes tried before police
magistrates are considered to be minor offenses, these courts
have the authority to impose burdensome penalties on those
found guilty. The magistrate courts may sentence a person to
corrective detention for up to 1 year, restrict a person's
freedom of movement by house arrest, and impose fines up to
$600. The sentences of police courts may be appealed in some,
but not all, cases to the next higher official in the police
hierarchy, usually the mayor or governor.

The Supreme Court is chartered to uphold the Constitution and
the laws. Magistrates are barred from simultaneously holding
other public office or otherwise participating in politics.
Supreme Court magistrates, who are nominated by the President
with the consent of the Legislative Assembly, nominate all
lower court judges. The President, with the consent of the
Legislative Assembly, appoints the Attorney General. The
Attorney General appoints superior court district attorneys,
who in turn nominate circuit district attorneys. Many legal
authorities, including one Supreme Court magistrate, have
publicly questioned the integrity of the judicial system.
Opponents of the Government have charged that the Supreme
Court is subservient to the PDF.

f. Arbitrary Interference with Privacy, Family, Home or
Correspondence

Privacy of the family generally is respected. Under the
Constitution, judicial warrants must be issued before officials
may enter homes. Members of the opposition have reported
receiving anonymous telephone calls threatening them and their
families. They attribute these calls to the intelligence
branch of the PDF.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and press, and
both the progovernment and opposition press exercise these
freedoms. The Panamanian media regularly report criticism of
government officials and policies expressed in the Legislative
Assembly and by the general public.

Nevertheless, there was some erosion of freedom of expression
in Panama in 1986. The Government, specifically the Ministry
of Government and Justice (MGJ), has repeatedly applied a
controversial libel law (Law 11 of 1978) against opposition
journalists and newspapers. Law 11 permits sanctions ranging
from public admonition and fines to the closing of media
outlets. The Ministry's rulings can be appealed to judicial
authority on procedural but not substantive grounds. The main
opposition daily La Prensa and the tabloid Extra, which
frequently criticize government officials and policy, have

591

PANAMA

found themselves increasingly under pressure; the MGJ has
required them to substantiate their reporting — and on one
occasion an editorial — with "evidence," or suffer
administrative sanction.

On May 27, the Minister of Government and Justice announced a
government campaign to regulate the media and ensure that all
were complying with Panamanian law. The MGJ issued two
judgments against the progovernment Renovation Press (ERSA)
group in 1986 and over a dozen against the opposition. In
January, the MGJ fined the ERSA publication La Republica $500
for printing an inaccurate article about a local civic
leader. In early June, the MGJ fined ERSA journalist Carlos
Nunez $2,500 for his article carried by progovernment Critica
charging that a Panamanian citizen had been denied exit from
the country by court order. At the same time, the MGJ warned
Critica to cease publishing caricatures of political
personages .

The MGJ ' s pressure has focused primarily on two opposition
journalists — Guillermo Sanchez Borbon and Miguel Antonio
Bernal — and two opposition media outlets — La Prensa and Radio
Mundial. As noted, Sanchez was detained without charges for
several hours on February 18. He was summoned to appear again
at the prosecutor's office on July 9, but instead sought asylum
at the Venezuelan Embassy, departed Panama, and remains in
voluntary exile. Sanchez said he had been warned by a
Government source that if he appeared he would be jailed again,
this time without bail.

Bernal also was summoned to the public prosecutor's office on
July 9 to respond to a calumny charge filed by the Minister of
the Presidency. Upon finishing his statement, Bernal was
arrested. He was released several hours later, after
supporters posted the maximum $5,000 bail. Earlier in the year
the MGJ had revoked "for life" Bernal 's radio broadcasting
license and fined him $2,500 for his alleged inability to
substantiate statements he made during an April 15 broadcast
on Radio Mundial characterizing Panama as a "center of
narcotics trafficking." The MGJ ' s fine was the maximum
permissible under Panamanian law. The Supreme Court denied
Bernal ' s appeal of the judgment, stating that he had not
exhausted the administrative means available for appeal.

Acting under the provisions of Law 11, the MGJ issued a formal
citation demanding that the opposition daily La Prensa
substantiate statements in its July 9 editorial charging that
the administration of justice in Panama is corrupt and an
instrument of state power. This citation was noteworthy
because it applied to a statement of judgment rather than of
fact. La Prensa presented what it considered the evidence
supporting its editorial opinion and subsequently challenged
the constitutionality of Law 11. Another opposition paper.
Extra, joined the challenge after it too was fined for
antigovernment statements. On December 18, the Supreme Court
ruled that Law 11 is constitutional, a decision which could
have a significant negative impact on freedom of expression in
Panama .

The opposition's access to the electronic media is limited.
Opposition figures own no television stations in Panama, and
only five radio stations. Opposition groups charge that they
are unable, for political reasons, to acquire radio or
television licenses from the Government.

592

PANAMA

On May 22, the MGJ closed Radio Mundial, the only opposition-
owned radio station in the capital, stating that the station
was operating on an unauthorized FM frequency, one it had been
using for nine years. Radio Mundial was owned by opposition
politician Carlos Ivan Zuniga and included among its
commentators well-known opposition legislators. Zuniga
subsequently completed a number of modifications to bring the
station into compliance with broadcast regulations. The
Government permitted Radio Mundial to resume broadcasting on
October 18.

The MGJ also closed another Zuniga-owned station. Radio 10, in
an interior province, again for unauthorized use of a
frequency. The closing came in the midst of a Radio 10
campaign urging listeners to participate in a rally in Panama
City for Hugo Spadafora.

Official pressure on the opposition media can be applied in
other ways. On January 29, the state electricity company,
IRHE, cut off power to the sensationalist tabloid El Siglo.
The newspaper claimed that its electricity payments were
current. Semi-independent La Estrella de Panama printed El
Siglo' s editions until power was restored. On April 9, IHRE
cut power to three radio stations owned by the brother of a
progovernment , but independent, legislator, stating that the
stations had been "misbilled," and were $15,000 in arrears on
their electric bill. The "misbilling" was discovered by IHRE
shortly after one station featured an interview with the
Spadafora family attorney. Although IRHE accepted
responsibility for the error, it offered no special
arrangements to settle the account. By contrast, three
months' grace was accorded the Government's Democratic
Revolutionary Party (PRD) after the opposition Christian
Democratic Party discovered and publicized that the PRD was
$121,720 in arrears with IHRE.

There were incidents of physical violence directed largely
against opposition journalists and media, none of which has
been solved. On January 12, unidentified persons fired
shotguns and damaged an automobile parked at La Prensa owned
by the newspaper's legal advisor. On March 16, the
transmission tower of progovernment Radio Poderoso Stereo, in
the interior city of Aguadulce, was sabotaged, resulting in
$25,000 damage. Similarly, on March 25, dynamite was
discovered wired to the transmission tower of opposition Radio
Helen in Santiago, Veraguas. On May 3, Christian Democratic
(PDC) legislator and radio commentator Carlos Arellano Lennox
suffered facial burns when an unknown assailant threw a caustic
substance at him. On June 29, an automobile belonging to
Emilio de Leon, legal advisor for Extra and leader of the
opposition Molirena Party, was firebombed and destroyed.

The three newspapers of the ERSA group are responsive to
directives from the Government. Absent guidance, however,
individual columnists write freely about a wide range of
topics. The Inter-American Press Association recently
reissued its call for the return of the ERSA papers to their
previous owners. These papers were expropriated by the PDF
following the 1968 military coup that brought the late General
Omar Torrijos to power.

There is no academic censorship and no censorship of foreign
newspapers, magazines, books, or cable television programing.

593

PANAMA

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right of peaceful assembly.
Twenty-four hours advance notice, but not government
permission, is required for open-air meetings. Professional,
social, and political groups meet without interference.

The PDF did not interfere with the political events
commemorating Hugo Spadafora's death. The Spadafora family
organized a 300-kilometer march in March 1986, a June 23 rally
at the Attorney General's office to denounce PDF Commander
Noriega's alleged complicity in the murder, and a memorial
mass on September 13.

Panama's organized labor movement is small but well
established. Both the Constitution and the labor code
guarantee fundamental worker rights, and workers enjoy a wide
range of benefits under the law. The rights to establish
unions, to bargain collectively, and to strike are generally
unrestricted in the private sector as well as in certain
public sector agencies specified by law. According to Labor
Ministry statistics, about 17 percent of the employed work
force belong to unions. In March 1986, the umbrella National
Council of Organized Workers (CONATO) carried out a 10-day
general strike protesting the government's reform of the labor
code. The Government declared the strike illegal but took no
punitive action against the protesters. Some labor
organizations later charged that workers at several enterprises
were dismissed for having absented themselves from their jobs
to participate in the protest. Most public sector employees
are not permitted to form unions or to strike, but they may
establish representative associations and have access to
government dispute resolution procedures. In practice, the
Government has frequently shown tolerance toward illegal work
stoppages at public institutions. A source of concern among
democratic labor leaders is the limitation placed on the right
of employees in the Colon Free Zone and the offshore banking
sector to organize unions.

Elections within Panamanian labor organizations, as well as
employer and professional associations, are generally
democratic and free from government interference. These
organizations are unrestricted in their right to affiliate to
international bodies, and their members may freely participate
in political parties and other aspects of Panamanian political
life, although many employees are allegedly forced to join
their employers' political party. The Government periodically
consults with organized labor and employer groups on a range
of public policy issues, and both sectors are entitled by
statute to representation on important government boards, such
as those governing the Social Security Fund and the Vocational
Training Institute, and on mediation-conciliation panels.
Because of political differences between the labor sector and
the Government over reform of the labor code, CONATO refused
to exercise its legal prerogative to designate Panama's worker
delegate to the International Labor Organization (ILO)
conference in June 1986; it nonetheless filed a complaint with
the ILO challenging the Labor Ministry's subsequent invitation
to an independent labor group to name the worker delegate.
The ILO credentials committee rejected the CONATO complaint.

During the March demonstrations and strikes protesting the
Legislative Assembly's reform of the labor code, the riot
police shot and killed a young man mistaken for a looter.
Several of the protesting workers' groups cited this death as

594

PANAMA

a manifestation of PDF violence against the strikers. The
young man's quick burial was criticized as a PDF attempt to
prevent large gatherings at his funeral.

c. Freedom of Religion

The Constitution guarantees religious freedom to all; there is
no state religion. There are no restrictions on the free
exercise of religious beliefs, including proselytizing, and a
broad range of religious groups operates freely in Panama.
Religious beliefs are not an issue for any of the national
political parties.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution permits Panamanians to move freely within the
country and to emigrate, and these rights are honored in
practice. It also prohibits compulsory exile and extradition
of Panamanian nationals. Some persons exiled by previous
regimes have returned and resumed full participation in
Panamanian society. Exiles choosing to remain abroad have
been officially urged to return to Panama.

Panama has accepted refugees of widely differing ideological
persuasions, and hundreds of displaced persons and exiles from
other countries reside in Panama. Several hundred Salvadorans
originally sponsored by the Government of Panama are now
supporting themselves in a resettlement village. Several
thousand Cubans are in Panama awaiting immigration to the
United States; there has been an increase in the number of
Nicaraguans entering Panama as well. No cases of forcible
repatriation of political exiles occurred in 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The 1984 general elections, the first direct presidential and
legislative elections in 16 years, constitute a continuing
source of friction between the Government and the political
opposition. It is widely accepted that the PDF engineered the
current Government's election victory by tampering with the
vote count. The next general elections are scheduled for 1989.

The PDF remained the dominant political force in the country.
There have been numerous allegations that it controls the
governing Democratic Revolutionary Party (PRD) and interferes
in the legislative process. There is strong evidence that the
PDF played the dominant role within the PRD in the selection
of the 1986-87 president of the Legislative Assembly. The
PRD by itself has an absolute majority (34 of 67) in the
Legislative Assembly; together with allied parties it controls
about two-thirds of the votes in that body.

Both progovernment and opposition legislators speak on the
assembly floor. However, the opposition has charged that the
PRD frequently manipulates debate so as to limit time available
to the opposition. To express dissent, opposition legislators
have absented themselves from the Assembly during key votes.
Their views are fully reported in the opposition press;
opinions of the governing coalition parties are carried in the
ERSA press .

Both the Government and opposition media have reported that
many government employees are forced to join the political

595

PANAMA

party of the individual who heads the agency in which they
work or face dismissal . There have also been frequent and
credible charges that government employees are pressured by
their supervisors to take part in official demonstrations.

Minority groups, including women, blacks and Indians, are
represented in the Legislative Assembly, and participate in
the political process.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has espoused human rights causes in the
Organization of American States, the United Nations, and
elsewhere. A private human rights committee, formed in Panama
in 1978, continued to operate freely in 1986 and expressed
concern over local political and human rights. Articles and
editorials critical of the PDF ' s record on human rights,
listing specific violations, appear frequently in the
opposition press, many signed by members of the committee.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution prohibits discrimination on the basis of
race, birth out of wedlock, social class, sex, religion, or
political views. Women are accorded equal political rights
under Panamanian law and hold a number of important positions.
The 67 members of the Legislative Assembly include 4 women,
one of whom was elected to serve as First Vice President for
the 1986-87 legislative session. Of the 134 alternate
legislators, 23 are women. Four independent agency directors
are women. Women also serve as Chief Justice of the Supreme
Court, one of the three members of the Electoral Tribunal, and
Director of the El Renacer Rehabilitation Center. Several
women's organizations, such as UNIDAD and Accion Feminina, are
active in Panamanian politics.

However, Panamanian women do not have the same opportunities
for advancement as do men. This reflects both traditional
bias and the current difficult economic climate. Because
Panamanian law does not recognize community property, divorced
or deserted women have been left destitute.

Female employment in urban Panama is concentrated in the
service sector, where wages are lower. Although the
Constitution mandates equal pay for equal work, wages paid to
women are lower than those for equivalent work performed by
males and increase at a slower rate. Comparatively fewer
women than men participate in the labor force, and their
participation seems to fluctuate as the job market expands and
contracts. Government statistics showed that in 1980 women
made up about 27 percent of the economically active work
force, a slight decline from 1978. According to the 1980
census, women slightly outnumber men in the professional and
technical fields, are twice as likely as men to be clerical
office workers, and are grossly underrepresented at the
managerial and administrative levels. Particularly in the
poorer areas, many women are heads of households obligated to
work for the government, usually as street cleaners, in order
to receive government support funds. The labor code gives
pregnant employees 12 weeks mandatory maternity leave and the
right to return to their jobs.

596

PANAMA

Panama is a racially mixed country. The traditional monopoly
of power by persons of European descent was effectively ended
with the ouster of the civilian president by the National Guard
in 1968. Blacks, Asians, and persons of mixed race are now
active politically and are represented at senior levels of
government, the Panama Defense Forces, and in the legislature,
where there are also five Indians.

Prominent among the minorities which retain some degree of
separate identity are English-speaking Jews, Arabs, Greeks,
Chinese, East Indians, and North Americans. All of these
groups play roles in Panama's urban economy well out of
proportion to their numbers. There is no discrimination in
law against these or any other social, religious, or cultural
groups; however, naturalized citizens are forbidden to hold
certain categories of elected office, and retail trade is
constitutionally restricted to native Panamanians. While
innumerable exceptions exist, Caucasians, Asians, and persons
of mixed race tend to be better off economically and to occupy
higher positions in government than Blacks and Indians;
however, the latter groups participate fully in both the
public and private sectors. Indian tribes receive government
assistance, particularly in the areas of public health and
welfare and education. They are not restricted to their
tribal areas, but most remain there by choice, reflecting
long-standing resistance to assimilation. Indians enjoy full
voting rights and all other rights of Panamanian citizenship,
as well as limited self-government in tribal areas. They play
significant roles in the governments of four provinces. The
Vice Minister of Government and Justice, who controls Indian
Affairs, is a Kuna Indian.

CONDITIONS OF LABOR

Panama has a comprehensive labor code which gives extensive
rights and benefits to workers. The maximum work week is 48
hours, and the law establishes a minimum, wage for most worker
categories and requires substantial bonuses to be paid for
overtime. Although the 1986 labor code reforms released
employers from the obligation to pay certain bonuses and
overtime premiums, employers continue to be legally required
to provide workers with compensation adequate for a decent
life. Labor is prohibited for children under age 14, or under
age 15 if the child has not completed primary school.
Hazardous and night work is prohibited for persons under
age 18. Children between ages 12 and 14 may perform farm or
domestic labor as long as the work is light and does not
interfere with schooling. In addition, the labor code details
numerous health and safety standards for all places of
employment. The Ministry of Labor and Social Welfare is
responsible for ensuring compliance with these regulations,
but limited resources hamper strict enforcement of some labor
code provisions.

597

U.S. OVERSEAS

•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: PANAMA

1984

1985

1986

I.cCON

A. AID

(SE

B.FOO

TITLE

!?cPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL.,

OANS

RANTS ,

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER £

OANS

RANT

PEA

NAR

OTH

pp. ASSIST.) ..
R PEACE

OTAL ,

M $-LOANS

FOR. CURR

TOTAL ,

.EC.DEV i WFP,

EF AGENCY

CON. ASSIST...

CE CORPS.
COTICS. .,
ER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.,
;.INTL MIL. ED.TRNG. ,
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON.

LOANS ,

GRANTS....

MIL.

12.0

74.5

33.3

5.0

7.9

7.5

7.0

66.6

25.8

10.7

74.3

33.3

5.0

7.9

7.5

5.7

66.4

25.8

0.0

50.0

13.2

1.3

0.1

0.0

1.3

0.1

0.0

1.3

0.1

0.0

0.3

0.1

0.0

1.D

D.O

0.0

0.1

0.0

0.1

0.0

0.1

0.0

13.5

10.6

8.2

5.0

0.0

3.8

8.S

10.6

4.4

8.0

10.0

3.8

5.0

0.0

3.8

0.5

0.6

0.0

25.5

85.1

41.5

10.0

7.9

11.3

15.5

77.2

30.2

OTHER US LOANS. .. .
EK-IM BANK LOANS,
ALL OTHER ,

0.2
0.0
0.2

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

82.6

137.4

2 3.. 2

1344.3

IB?D

74.2

51.0

0.0

595.8

IFC

0.0

37.5

23.2

69.0

IDA

0.0

0,0

103

8.4

48.7

0.0

648.2

AD3

3.0

0.0

AFD3

0.0

UNDP

0.0

0.1

0.0

26.8

OTHER-UN

0.0

0.1

0.0

4.5

EEC

0.0

0.3

0.0

598

PARAGUAY

Paraguay has had authoritarian regimes throughout its history.
Since 1954, President Alfredo Stroessner has governed Paraguay
through the Colorado Party, the military and police forces, and
the government bureaucracy, all of which he dominates. He was
elected in 1983 to a seventh term in a controlled election
process. The situation in Paraguay continues to be
characterized by the subordination of the legislative and
judicial branches of government to the executive, and by the
domination of the nation's political life by the ruling
Colorado Party.

Elections are held every 5 years for the presidency, the
national legislature, and for municipal councils. However,
the opposition's ability to conduct an effective campaign is
severely restricted by the Government, and in practice no
effective challenge to President Stroessner 's authority is
allowed. Since 1963, when it was first permitted to run
candidates, the opposition has registered a majority or
plurality only once, in 1963, in one of the smaller
municipalities .

After a period of rapid economic growth in the late 1970 's and
early 1980 's, Paraguay entered a steep recession. Following
2 years of decline, an agriculture-led economic recovery
commenced in 1984. It was short-lived and, because of economic
mismanagem.ent , a period of drought, and low export prices, the
economy again declined in 1986. The balance of payments
remains in deficit, and substantial delays on servicing
international obligations pose problems. On September 22, the
Government announced a new economic program which includes
badly needed exchange rate adjustment. By year's end, however,
it had missed its self-imposed 60-day deadline for
implementation of many of the proposed measures.

Violations of civil and political liberties continue, although
the number of serious incidents has declined significantly
since the mid-1970's. The state of siege provision of the
Constitution, in effect almost without interruption since 1929,
provides for detention of individuals without trial for an
indefinite period of time. The police forces regularly arrest
and hold persons arbitrarily, citing variously the state of
siege authority, Paraguay's " ant i subversive" statute, or, as
was the case in most of the detentions which occurred in 1986,
offering no rationale. Constitutional guarantees, such as
protection of the integrity of the individual, the requirement
for judicial warrants, freedom of assembly and association, the
right to a judicial determination of the legality of arrest,
and the provision for a prompt and impartial trial, are often
ignored by governinent officials. Although there is no formal
system of prior censorship, there are limitations on what the
media are free to report and comment upon. A form of instant
censorship of one radio station has been practiced by selective
jamming of its broadcasts. Trade unionism is also restricted.
An independent newspaper remains "indefinitely suspended" since
1984 by government order. The privacy of postal, telephonic,
and telegraphic communication is not always respected.

During 1986, the use of police to suppress public rallies
increased dramatically. The number of persons held for both
short and prolonged periods for political activities increased.
Nonetheless, the Government was more responsive in
international human rights forums to cpaestions concerning its
human rights practices. During the course of the year,
Paraguay received visits by representatives of the United

599

PARAGUAY

Nations Human Rights Commission (UNHRC), Americas Watch,
Amnesty International, and the Washington Office on Latin
America (WOLA) . A few prominent political exiles returned to
Paraguay. In at least one human rights related case, police
officials were convicted of homicide and sent to prison.
Other cases of abuse of authority, including charges against a
military officer, remain pending. Subtle forms of repression,
such as short periods of arbitrary detention without charges
and efforts to intimidate the media through threats and
closings, increased slightly. More serious human rights
violations such as torture
declined.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no confirmed instances of such killings, although
human rights activists expressed concern about the unsolved
murder of a politically active university student.

b. Disappearance

There have been no reported cases in recent years.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

As in past years, there were credible charges that police
authorities had tortured and physicially abused prisoners,
which led in some cases to official disciplinary actions; in
other cases officials denied the charges. Two police
officials accused of killing a detained suspect in 1985 were
sent to prison in 1986. There were other reports of such
mistreatment or violence in 1986. In January a domestic
employee alleged torture and attempted rape by police
authorities in Asuncion, the national capital, while she was
detained on suspicion of robbery. A similar case occurred
2 months later. In April a robbery suspect alleged he was
choked and beaten by police. There were three separate
incidents of suspects or prisoners being shot and killed by
police, one involving three suspected car thieves in May.
Family members filed charges against the police in all three
cases. An army officer reportedly severely injured a suspected
cattle rustler while extracting a confession; there is no
record of any legal action being taken in the case. In June
three police were accused of having shot and killed a suspect
in a rural area; they were charged in September. In July two
peasants were killed by an army officer during an attempt to
evict a large group of squatters; charges have been filed.
Police were accused of having beaten a merchant in Asuncion in
August; charges have been filed and the accused officer has
been confined at a military detention facility.

These reports of police violence were atypical in that they
all appeared in the press. Physical mistreatment of suspects
and prisoners by the police is believed to occur frequently,
especially in the rural areas, but does not usually enter the
public domain because the victim does not try to publicize the
case. The so-called "investigations police" are reputed to
engage regularly in such practices.

66-986 0-87-20

600

PARAGUAY

In most cases, detainees, once formally arraigned, go to
regular prison facilities, where conditions are generally
better than in police stations. Prisons are austere,
especially the maximum security facilities administered
directly by the Ministry of the Interior and the Asuncion
police. Court and Justice Ministry officials visit prisons
several times each year to examine conditions and interview
prisoners. They do not regularly visit the maximum security
facilities. Representatives of the International Committee of
the Red Cross are permitted to visit persons held on security
charges .

d. Arbitrary Arrest, Detention, or Exile

Detentions are used as a form of warning or punishment for
those who criticize the Government or whose political beliefs
or activities are deemed to be threatening to the regime.
Sometimes police pick up individuals, hold them incommunicado,
and release them after a few days, usually without the
authorities ever bringing charges. Other detentions may last
for weeks. The authorities have justified such detentions
under the State of Siege. It provides that persons may be
detained incommunicado without trial, and that public meetings
and demonstrations may be banned in the event of war, foreign
invasion, internal disturbance, or the serious threat of any
of these conditions.

The Supreme Court continues to disqualify itself from hearing
writs of habeas corpus filed during the State of Siege.
Despite constitutional requirements that the State of Siege be
imposed only for limited periods, it is renewed every 90 days;
in practice it has been in effect almost continuously since
1929. The State of Siege was lifted outside the Asuncion area
in 1978. However, backed by a court ruling that prisoners may
be moved to Asuncion and held there, the authorities proceed
as if the State of Siege were still in force throughout the
country. Implementing legislation for the State of Siege,
called for by the Constitution, has never been enacted. In
its absence, the Government and courts have determined that
State of Siege restrictions supersede the safeguards of
fundamental rights contained elsewhere in the Constitution and
the legal code. Several prominent legal scholars and the
opposition political parties contest this interpretation.

The media reported that over 200 persons were arbitrarily
detained for political activities in 1986, a figure more than
double that of 1985. The Government occasionally cited law
209, the " ant i subversive" statute, which provides for
imprisonment of persons who "foment hatred," defame members of
the Government, commit a variety of other acts, or are members
of the Communist Party. Most individuals detained for
political activity were released after varying periods of
custody. There are exceptions. Opposition political leader
Miguel Angel Saguier has been detained on sedition charges
under law 209 since September 13, 1986. Dr. Carlos Filizzola
and nurse Elsa Mereles, who was beaten by police at the time
of her arrest, were released in December after being held for
several weeks without charges, also under law 209; both are
leaders of the medical workers association. Alejandro Stumpfs,
another opposition leader, was released in December after
3 months of incommunicado and solitary detention under the
State of Siege.

Over half the cases of arbitrary detention during 1986 resulted
from unauthorized meetings of the Authentic Radical Liberal

601

PARAGUAY

Party (PLRA) . Forty-eight members of that party were arrested
in May during a rally. Most of them were released the same
day, but 5 were brought to Asuncion where they were held
without charge for 2 days. In November police forcibly broke
up another PLRA meeting and arrested 62 people; 35 were not
released until the following day. Using the lack of a permit
to prevent meetings is a tactic also applied to dissident
members of the ruling Colorado party and to labor and peasant
organizers. One member of an opposition faction of the
Colorado party reportedly was expelled from the country on
May 1. Another Colorado functionary took refuge in the
Argentine Embassy, claiming political persecution for
anti-Strcessner statements he had made. The Government said
there were no charges against him, and that he was free to
leave the country. He was escorted by Argentine embassy
officials to Argentina. At year's end, this person remains in
self-exile while two of his brothers, one a military officer
and the other a policeman, are detained without charges in
apparent reprisal.

Forced labor is not permitted.

e. Denial of Fair Public Trial

In Paraguay, trials are- conducted almost exclusively by
presentation of written documents to a judge, who then renders
a decision. All judgments are automatically reviewed by an
appellate judge, and appeals to the Supreme Court are possible.
Part of the trial process is open to the public and proceedings
are reported in the press.

In theory, numerous safeguards set forth in the Constitution
and the penal code protect the rights of the individual during
the trial process. However, the judiciary has traditionally
been subject to influence by the executive branch. Its members
are appointed by the President for a 5-year term. Together
with budgetary and other administrative shortcomings in the
judicial system, executive interference can limit the right of
an accused person to a fair, speedy trial. Most detainees are
eventually released, not for having served their sentences but
rather because they were detained prior to trial for the length
of time required by law had they been tried, convicted, and
sentenced.

Over the past 3 years, however, efforts have been made to
improve the image of the judiciary, including the dismissal of
corrupt judges and court staff. One judge, suspended in 1985
for accepting a bribe in a narcotics case, was found guilty in
1986 by the Supreme Court and removed from the bench.
Nevertheless, because of the widespread perception that
judicial protection depends on political, military, or economic
power, there is fear of confronting political or police
authority.

Three persons considered political prisoners by some human
rights organizations continue to be incarcerated. They are
held on criminal charges.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Government and security forces do not actively intervene as a
matter of course in the daily life of most citizens. The
Constitution stipulates that, except to prevent a crime,
private homes may not be entered without a judicial warrant.

602

PARAGUAY

Although that provision has been increasingly respected in
recent years, some private citizens complain that their right
to privacy is being abused by security authorities. Leaders
of an opposition faction of the Colorado Party who returned
from exile in 1983 are under round-the-clock surveillance.
They complain that their telephones are tapped, their private
correspondence monitored, and their ability to move about
restricted. Opposition figures, critics of the Government, and
others have similarly complained about telephone tapping and
interference with their mail and telegraphic communications,
particularly foreign correspondence. The Government has denied
these charges, but has taken no steps to investigate the
accusations. While some publications critical of the
Government circulate freely in the country, foreign newspapers,
magazines, books, or other publications containing material
critical of the Government are confiscated at the port of
entry.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government has "indefinitely suspended" publication of the
independent newspaper ABC Color since March 1984. It has also
permitted a form of indirect censorship by tolerating the
jamming of broadcasts of the country's popular and independent
Radio Nanduti. By year's end the station was unable to
broadcast anything but music and faced financial collapse.
Despite broad constitutional guarantees of freedom of speech
and the press, in practice there are limits to the amount and
kinds of criticism the Government will tolerate. The media
exercise a form of self-censorship, avoiding criticism of the
President, the military, and key civilian leaders. The media
also avoid sensitive topics such as national security matters
and corruption. Similarly, the media, especially television,
usually give little attention to the views of the political
opposition. The agency which licenses radio stations has
instructed that medium in writing not to air interviews with
any politicians representing the "unrecognized" opposition.
Only a few stations, such as Radio Nanduti and Radio Caritas,
have defied this order. It is widely believed that ABC Color's
suspension and the jamming of Radio Nanduti resulted from
their continual pressure against these limits.

The Government's action against ABC Color was appealed to the
Supreme Court, which ruled that the Minister of Interior had
acted within his powers and in the public interest. Since
then, the Government has considered the case closed. The
jamming of Radio Nanduti also was taken to court, which
requested a technical investigation by the National
Telecommunications Administration. That agency replied that
it did not have the equipment necessary to find the source of
the jamming. No further action has been taken. On January 14,
1987, the station's owner announced that he was voluntarily
suspending operations for 90 days because the jamming had
caused his revenues to decline markedly.

The Government does allow a limited measure of press freedom.
The Febrerista Revolutionary Party, one of the recognized
opposition parties, publishes a weekly newspaper. El Pueblo,
which regularly criticizes the Government and its policies in
harsher terms than can be found in the daily press. The
Catholic Church publishes a biweekly newspaper, Sendero, which
prints articles sharply critical of government policies and
actions, and touches on subjects considered sensitive by the

603

PARAGUAY

Government. The Catholic Church station. Radio Caritas, has
tended to be nearly as outspoken as Radio Nanduti. As a
result, a Spanish priest who directed the station was barred
from returning to Paraguay during the year. Nuestro Tiempo, a
monthly magazine supported by a Catholic Church official and
largely staffed by former ABC Color employees, continued to be
harassed by the Government. This magazine periodically prints
its editions outside of Paraguay and runs the risk of seizure
upon bringing them into the country. The formerly exiled
faction of the Colorado party publishes a monthly newsletter,
Patria Libre, which strongly criticizes the Government. The
Government claims that it permits these periodical newspapers
considerable latitude because their political bias is clearly
established. These publications have less impact because of
their small circulation. The ruling party publishes a daily
paper, Patria, and operates a nationally broadcast radio
commentary, Voice of the Colorado Party, which attack the
political opposition.

The daily papers and some radio stations cover some activities
of the political opposition, both recognized and unrecognized,
as well as reports of abuse of authority. However, their
coverage is not marked by the aggressive investigatory
journalism which had characterized ABC Color.

Paraguay's two television stations are both privately owned by
persons close to the regime. Their news programs are carefully
self-censored and closely monitored, and nonconformist
personnel are rarely tolerated for long. Their commentary
lauds the Government, and their reporting on the activities of
opposition parties or sensitive political issues is minimal.

Radio Caritas and Radio Nanduti have been notable for their
willingness to broadcast controversial items of local news.
Radio Nanduti, in particular, has specialized in carrying
interviews with politicians of all parties, including those
not legally recognized, sometimes on sensitive issues. In
November, Radio Nanduti was jammed while attempting to
broadcast an interview with a visiting representative of the
U.S. Congress. Besides the jamming of this station, a member
of its staff was ordered suspended by the Government for
3 months; in April it was attacked by a mob and sustained
extensive damage; in May its transmitter was broken into,
parts were stolen, and it was temporarily knocked out of
operation. In December a clandestine radio transmitter with a
powerful signal began broadcasting on Radio Nanduti 's assigned
frequency. On December 21, security forces arrested Oscar
Acosta, a Radio Nanduti reporter, on unspecified charges, but
judicial authorities ordered him released on January 13, 1987,
for lack of evidence. Radio Nanduti has operated "illegally"
in the sense that the Government has refused to accept payment
for renewal of the station's license for several years.

b. Freedom of Peaceful Assembly and Association

Despite constitutional guarantees concerning the rights of
peaceful assembly and association, these rights are often
violated in practice. The authorities insist on permits for
political meetings, then deny them to political parties that
are not officially recognized. Under the State of Siege,
police permission is required for any assembly of more than
five unrelated persons. This requirement is not applied to
organizations which are nonpolitical in nature. It is strictly
enforced only in the case of gatherings sponsored by opposition
political parties or other organizations critical of the

604

PARAGUAY

Government. For example, in 1986 the youth movement of the
unrecognized Christian Democratic Party was forced to suspend
elections because attempts to obtain permission for a meeting
were unsuccessful. The provision is used at times to bar
labor union meetings.

Police repression of political meetings and protest
demonstrations increased steadily during the year. The usual
weapons used by the police to break up these gatherings were
either heavily weighted nightsticks, but it was reported they
also used cattle prods and chains. In January suspected
nonuniformed police attacked members of an opposition faction
of the Colorado Party as uniformed police stood by. Two PLRA
rallies, neither sanctioned by the authorities, were violently
dispersed. Two further meetings of the same party were
similarly broken up in April with several arrests. Also in
April, police several times forcibly dispersed protests by
medical workers and student groups from the medical, law, and
other schools in Asuncion. During this period, a vigilante
group of Colorado Party toughs reemerged in Asuncion to
intimidate and assault protesting medical workers, with the
apparent cooperation of police authorities. Massive use of
police repression occurred on May 1 in response to an attempted
demonstration organized by the Independent Workers Movement.
Hundreds of demonstrators were brutally clubbed and several
arrested. Later in the month, there were four further
instances of forceful police action in Asuncion to disperse
crowds, mostly composed of people leaving church services held
in support of jailed protesters. Late in the year,
demonstrations supporting hospital workers' calls for increased
wages and better working conditions were disrupted repeatedly
in Asuncion and several arrests were made. Although the
detained leaders of the work action. Dr. Carlos Filizzola and
Nurse Elsa Mereles, were later released, eyewitnesses reported
that Nurse Mereles was severely beaten when arrested on
December 5 .

Most labor unions in Paraguay are members of the Paraguayan
Workers Confederation (CPT), which claims to represent over
97 percent of organized labor. The confederation is allied
with the Government and does not act as an independent voice
for the Paraguayan worker. For example, during the last
2 years, the work force has experienced a loss of real
purchasing power, but the CPT has touted periodic salary
adjustments as demonstrating the Government's beneficence.
Union officials know they would risk losing their positions if
they antagonize the Government. Workers not sponsored by the
CPT encounter difficulties in organizing. For example,
independent union organizers at a dam construction site were
jailed in 1985; at the same site in 1986, police tried to
prevent an organizing meeting. In December several workers
involved in independent labor activities at this project were
jailed on criminal charges.

It is virtually impossible to call a legal strike because
Paraguayan law requires a complex process of fact finding,
arbitration and adjudication before a strike would be legal.
There were no legal strikes during 1986.

A number of independent unions do exist in Paraguay, several
organized at the company level. Some have been strong enough
to bargain with management, despite efforts by private firms —
sometimes supported by the Government — to resist their efforts.

605

PARAGUAY

Some of these independent unions have been granted legal
recognition by the Government, but others have not, making it
difficult or impossible for them to bargain effectively. In
other cases, rival slates of officers friendly to the
Government have emerged and been recognized. The pattern
indicates strong government reluctance to recognize groups
which it perceives to be independent of its control. The
activities of independent unions are carefully monitored by
the security forces and the Ministry of Labor.

International labor organizations do not maintain ties with
the CPT. The International Confederation of Free Trade Unions
(ICFTU) broke with the CPT several years ago and complained
that the Government was systematically violating the rights of
workers. Independent unions banded together in 1984 in the
Movement of Independent Workers of Paraguay (MIT-P) . The ICFTU
and the Christian-Democratic Latin American Workers Central
have recognized the MIT-P.

As a result of international expressions of concern, the
Paraguayan Government committed itself in 1986 to cease
sending police to union meetings, to recognize all unions
which complied with the requirements of the labor code, and to
assure that union elections are held in accordance with union
statutes. However, it failed to comply with both the spirit
and letter of its assurances, exemplified by the repression of
new union-organizing efforts and a wave of labor-related
arrests in late 1986.

In June 1985, Paraguay requested a direct contact mission from
the International Labor Organization (ILO) to treat the issue
of the application of Conventions 87 (freedom of association)
and 98 (right to organize and collective bargaining). The
areas of ILO concern deal with the lack of guarantees in
Paraguayan law for such rights as collective bargaining,
strikes in public sector enterprises, and protection from
dismissal without indemnification or previous notice. The
acceptance by the Government of the need for a direct contact
mission, which visited in September 1985, reversed its previous
position of completely disregarding ILO expressions of concern.
The annual ILO report noted the Government's position on the
cases under review and recommended to the Government more
careful future observance of ILO conventions.

c. Freedom of Religion

The Constitution establishes Roman Catholicism as the official
state religion, but it also guarantees freedom of conscience
for other denominations. With very few exceptions, this
freedom is respected. Adherence to a particular creed confers
no advantages or disadvantages within Paraguayan society, and
conversion from one faith or sect to another is socially
acceptable.

Many denominations conduct their activities freely and foreign
missionaries are, for the most part, permitted to enter the
country and proselytize. However, current law prohibits the
granting of legal status to any new religious groups, and a
few evangelical churches have been unable to obtain government
approval of their operations. The Jehovah's Witnesses lost
legal registration in 1979. The church filed an appeal with
the Supreme Court, but no action has been taken. Under orders
of the Ministry of Education, Jehovah's Witness children have
been expelled from school because of their refusal to salute
the national flag or sing the national anthem. Lower courts

606

PARAGUAY

found in favor of the children, but the cases were overturned
on appeal. In 1986 the Supreme Court ruled that the church
members had not yet exhausted administrative remedies and
declined to rule on the case.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution provides for freedom of movement, which is
usually not restricted within the country. Most citizens may
enter or leave the country freely. However, one opposition
politician on a domestic flight was denied permission for
political reasons to deplane at a rural airport.

Over the years, many political opponents of the Government
have either been forced or have gone voluntarily into exile.
In 1983 the Interior Minister stated that with the exception
of two prominent opposition figures — Domingo Laino and Luis
Resck — all exiles would be permitted to return. As a result,
a number of political figures, many in exile for over 20 years,
returned. However, leaders of an exiled faction of the
Colorado party who returned are restricted in their movements,
both within the country and on entering or leaving it.

Domingo Laino, who tried to return from exile in June, was
forcibly prevented from deplaning and was beaten by civilian-
clad police, as were other passengers accompanying him. Luis
Resck, however, was permitted to return during the year and
has encountered no restrictions on his activities. A prominent
leader of the exile faction of the CPT also returned during the
year. A number of the returnees have been subjected to various
forms of harassment, temporary detention, and internal exile by
the Government. The Government has equivocated regarding the
return from exile of Augusto Roa Bastos, a leftist novelist.

One exile, labeled a Communist by the Government, returned
temporarily to Paraguay after 40 years in exile and encountered
no problems other than organized heckling and criticism in the
government-controlled media.

Members of one unrecognized political party have complained
about a police requirement that they report 48 hours in advance
any plan to depart the country. Opposition figures and human
rights activists occasionally encounter difficulties in
obtaining passports.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

President Stroessner dominates the Paraguayan political system.
He exercises political control through the Colorado Party,
which administers public patronage, and security control
through the military and police forces, which maintain public
order. The legislative branch, consisting of a Senate and a
Chamber of Deputies, is responsive to the desires of the
President on all important matters. The party receiving a
plurality in the elections is automatically awarded two-thirds
of the congressional seats, with the remaining one-third going
to the opposition. The Colorado Party's statutory two-thirds
majority in both houses gives it complete control of the
legislature. There has been no recent occasion when the
legislative branch has rejected any significant government
proposal or policy. In 1986 three members of the ruling party
who voted against a Japanese loan for an airport construction
project were faced with an effort to dismiss them from the

607

PARAGUAY

Congress. The opposition in the legislature is currently
divided between two parties. Their presence allows them to
express their views and criticize the Government, but they
have no real power.

General elections take place every 5 years for the presidency
and the legislature and were last held in 1983. Municipal
elections, held in 1985, also occur every 5 years. Voting is
mandatory for all Paraguayans 18 to 60 years of age. However,
sanctions for not voting usually are not applied except for
public service employees. Besides the two opposition parties
which participate in elections, there is another which,
although legally recognized, does not currently present
candidates; its position is that the Government's control over
the political process makes such participation meaningless.
The absence of some opposition political parties, the system
of indirect selection of candidates, and the control of the
electoral machinery by the Colorado Party constitute a
seriously flawed election process. Secret ballot provisions
frequently are not respected, votes are counted in many cases
without the presence of opposition poll watchers, and in some
jurisdictions the Colorado Party has ended up with more votes
than the number of registered voters. Since the Stroessner
regime began permitting the opposition to participate in
elections in 1963, the opposition has won only one municipal
election contest. Access to employment in the Government,
including the teaching staffs of the public schools and
national university, most public hospitals, many state
enterprises, and the judiciary, as well as the officer ranks
of the security services, is limited in practice to members of
the Colorado Party. Therefore, individuals often join it for
economic and social advantages. At the local level, police
and other government officials use their considerable authority
to support the party. Even within the Colorado Party, which
has been conducting periodic elections in its base
organizational units, there have been several recent instances
of coercion, purges, and questionable voting practices in an
apparent effort to defeat reformist elements within the party.

In addition to the three legally recognized opposition parties,
there are also three unrecognized political parties which
cannot legally participate in the electoral process. These
are the Christian Democratic Party, the Authentic Radical
Liberal Party, and a faction of the Colorado Party calling
itself the Popular Colorado Movement. They form an opposition
coalition, the National Accord, with the Febrerista Party,
which does enjoy legal recognition. One of the coalition's
primary tenets is nonparticipation in elections until the
process has been opened up. The Government's position is that
unrecognized parties do not have the legal right to meet or
stage public rallies, although these parties occasionally have
managed to hold meetings under the cover of permits obtained
by the recognized Febrerista Party. Even if one of these
unrecognized parties wished to seek inscription of the 10,000
registered voters required for recognition, there is no
procedure for public meetings to facilitate that objective.

The Episcopal Conference of the Paraguayan Catholic Church
initiated a national dialogue among political and social
sectors to faciliate a peaceful transition to a more open,
democratic system. However, the Government has refused to
participate.

608

PARAGUAY

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government describes negative comments about its human
rights performance from outside sources as unwarranted
interference in Paraguay's internal affairs. Nonetheless, the
Government has answered charges and defended its record in the
UNHRC. In 1986 the Government received an observer from the
UNHRC, as well as representatives of Amnesty International,
Americas Watch, and WOLA . The Government has not acceded to a
long-standing request from the Inter-American Human Rights
Commission that it be invited to visit Paraguay.

A number of local private organizations continued their efforts
during 1986 to protect individual liberties. These included
the Committee of Churches, which is supported by foreign church
groups; the Paraguayan Human Rights Commission; the Paraguayan
Chapter of the Association of Latin American Lawyers for the
Defense of Human Rights; and a new organization known as
Prodemos, which includes a Roman Catholic bishop in its
leadership. Opposition political parties and media also have
sought to publicize human rights problems and to express
support for a more open and democratic society. In addition
to publicizing cases of violations, these groups have provided
legal assistance to defendants in a variety of civil and
criminal cases. Their efforts have also helped to keep human
rights abuses under international scrutiny and to secure the
release of a number of detainees. Government spokesmen are
often critical of the work of both foreign and local human
rights organizations. Some local human rights activists
complain of government harassment and interference with their
mail .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Paraguay is a relatively fluid society and there is no
legislated discrimination against citizens on the basis of
social status or race. Paraguay's estimated 72,000
unassimilated Indians, however, probably do not benefit
equally from social services available to those in the
mainstream of Paraguayan society.

The problems of the Indian population continue to receive wide
publicity in the Paraguayan media. Most Paraguayans are
partially of Indian descent and do not practice discrimination
on the basis of race.

The Constitution guarantees "the equality of civil and
political rights" of women, but women play a minor role in the
political life of Paraguay. The executive and judicial
branches of government have only a few prominent female
officials; there are 2 women in the 90-member Congress. While
the traditional social system limits the participation of
women, they have long been economically active, particularly
those from lower income groups. Increasing numbers are
participating in business, the professions, and the artistic
world. However, women usually receive less remuneration than
men for comparable work. Three organizations are concerned
with women's rights: an auxiliary of the Colorado party; the
Union of Paraguayan Women, an organization founded in 1982 by
a former opposition member of the Congress; and, the Paraguayan

609

PARAGUAY

Center for Women's Studies, a new organization of professional
women .

Guarani, the major indigenous language, shares equal legal
status with Spanish as an official language and is taught in
schools. Some Paraguayans speak only Guarani.

Anti-Semitism surfaced in Asuncion in the form of anonymous
handbills, graffiti, and defacement of property identified as
Jewish-owned during 1986. The Government reacted belatedly by
arresting individuals who appear to have been responsible.
They are charged with disturbing the public order under
law 209, which normally is applied to political offenses.

CONDITIONS OF LABOR

The Paraguayan labor code contains minimum guarantees of worker
rights and benefits. Public sector, temporary, and domestic
workers are not covered under this law. According to the code,
maximum hours are set at 8 hours per day or 7 hours for night
work, with 1 day of rest per week. A minimum wage is
established, depending on the type of work and the region, and
is based on the cost of living. The law provides for an annual
bonus equal to 1 month's salary. Minors between 15 and 18
years of age may be employed only with parental authorization
and cannot be employed in dangerous or unhealthy conditions.
These same standards apply to youths between 12 and 15 years
of age, with the additional restriction that work be at a
family enterprise, an apprenticeship, or an agricultural
endeavor .

Married women require their husband's consent to enter a labor
contract; however, labor contracts may not be denied to women
who worked prior to marriage. Paid maternity leave of 12
weeks, 6 prior to and 6 after birth, is required. Day care
centers for children under 2 years of age are mandatory for
enterprises employing more than 50 women. Severance pay is
specified, and compensation is provided for in case of
unjustified dismissal. The labor code also governs conditions
of safety, hygiene, and comfort. The absence of a strong
independent trade union movement and the slowness of the labor
law system to correct abuses result in the frequent failure to
apply the protections of the labor code.

610

U.S. OVERSEAS

■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: PARAGUAY

1934

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOO
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST.-TOTAL..,

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. ■

FOR PEACE ,

ANS

ANTS

1-TOTAL ,

. IN ^-LOANS....,

IN FOR. CURR

II-TOTAL

lEF.EC.OEV 5 WFP,
ELIEF AGENCY.. .. ,
R 5C0N. ASSIST...

ANS ,

ANTS

PEACE CORPS ,

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL,

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL.EO.TRNG. .
O.TRAN-EXCESS STOCK,
E. OTHER 3RANTS

III. TOTAL ECON. 5 MIL..,

LOANS ,

GRANTS

2.7

3.5

3.1

0.0

2.7

3.5

3.1

0.2

1 .0

1.1

0.0

3.0

0.0

0.2

1.0

1.1

0.0

0.3

0.0

2.5

2.0

0.0

2.5

2.0

2.1

1.9

1.8

0.0

0.4

0.6

0.2

0.1

0.0

3.0

0.0

0.1

0.3

0.0

0.1

0.0

0.3

0.0

2.3

3.6

3.2

0.3

0.0

2.8

3.6

3.2

OTHER US LOANS. 0.0

0.0 0.0

cX-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

45.4

40.3

0.0

1090.4

13^D

30.0

0.0

457.6

IPC

0.3

0.8

0.0

13.0

IDA

0.0

45.5

IDB

14.1

37.5

0.0

533.8

AD3

0.0

AFDB

0.0

. 0.0

0.0

UNDP

1.0

0.0

23.0

OTHER-UN

3.0

1.0'

0.0

7.5

EEC

0.0

611

PERU

Peru has a freely elected democratic governinent, with an
executive branch headed by a president, a bicameral
legislature, an independent judiciary, and an autonomous
attorney general/public defender. Political representation in
Congress ranges from conservative to Marxist. Independent
trade unions are active. Although there are allegations of
government pressure on the media, all opposition groups can
freely express their views. Peru's history has been punctuated
by periods of military rule, most recently from 1968 to 1980.
Peru held general elections in April 1985, and municipal
elections were held in November 1986. The opposition claimed
there were improprieties in a few close, important races; as of
early January 1987, the elections board had not ruled on the
validity of all the allegations registered. President Alan
Garcia took office in July 1985, marking the first transfer of
power between democratically elected presidents in 40 years and
the first accession to power of the American Popular
Revolutionary Alliance (APRA) in its 60 years of existence.
The new administration has repeatedly stated the importance it
places on respect for human rights.

Peru has a mixed economy with a large private sector, and
private property is generally respected. Natural disasters and
low commodity prices have seriously affected the economy in
recent years, and per capita income has declined to the 1966
level. The Government has initiated an ambitious development
program to improve conditions of the poor, focusing on mountain
areas most affected by terrorism.

Since 1980 the Maoist terrorist group "Sendero Luminoso"
("Shining Path") has worked to undermine democratic
institutions. Rejecting calls for dialogue, and lacking
widespread popular support, Sendero has assassinated local
authorities, members of the security forces, and APRA party
members, and has destroyed economic infrastructure. During
1986 Sendero stepped up its attacks in the capital, Lima, and
in rural areas, killing over 425 persons between January and
August. Although not alone in committing abuses, Sendero is a
major human rights violator and bears heavy responsibility for
the rise in violence in Peru.

Three police services play an important role in combating
terrorism, reporting to the President through the Interior
Ministry. The antiterrorist role of the armed forces has
increased dramatically since 1983, as all executive branch
authority is vested in the local military command in areas
under a state of emergency. A state of emergency, declared by
the President, suspends restrictions on arbitrary detention and
search warrants and restricts the rights to movement and
assembly. By 1986 such measures were in effect in 24 of Peru's
181 provinces, including Lima.

In 1986 there were reports of government abuses, including
summary executions, disappearances, torture, and arbitrary
arrests. Although allegations of disappearances continued to
drop substantially, several cases of summary executions carried
out by security forces were acknowledged by the Government in
the course of the year.

During prison riots in June, security forces allegedly executed
between 100 and 128 inmates after they had surrendered. Some
40 policemen accused of these summary executions are imprisoned
awaiting investigation of this incident. Human rights groups
expressed concern that summary executions had also taken place

612

PERU

at another prison during the riots. In Ayacucho, the military
acknowledged that an army patrol had violated orders and
executed seven alleged terrorists, and had reported the
killings as casualties in an armed confrontation.

President Garcia has repeatedly stated his opposition to human
rights abuses and his support for punishment of violators.
After the prison riots, he promised a full investigation;
however, the probe was repeatedly postponed, and none had begun
by the end of the year. In the Ayacucho incident, the Army
filed complaints with the military judicial system against the
two officers in charge of the patrol and all other personnel
responsible .

The judicial system faces significant problems in dealing with
accused terrorists and human rights offenders. Civilian judges
complain of terrorist threats and lack of police protection.
In October the Government introduced legislation to create a
protected civilian court system for terrorism cases. Military
trials of human rights violations are closed and have yet to
produce a conviction. A Navy officer accused of human rights
violations disappeared in February; the Government did not
investigate his disappearance, despite allegations he had fled
with the help of his superiors.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political killing has been a significant problem in Peru since
1980 when Sendero Luminoso began its terrorist attacks.
Rejecting dialogue and committed to the overthrow of democracy,
Sendero assassinated policemen, soldiers, local officials, and
recalcitrant peasants, sometimes after torture or mock trials.
Sendero also targeted rural infrastructure, destroying bridges
and electrical transmission towers. In the cities, Sendero
frec[uently bombed restaurants, shopping centers, movie
theaters, and foreign embassies, and set off car bombs. In the
countryside, Sendero often raided villages at night, dragging
local officials from bed to face a mock trial and execution.
The military reported 2,123 terrorist incidents nationwide
between January and September. Attacks in Lima and rural areas
resulted in the deaths of approximately 527 people between
January and December, including 107 police and military
personnel and 420 civilians. Sendero attacks included the
February execution of 11 peasants in Apurinac Province; the
March assassinations of the lea Department prefect, a navy
officer, and 2 labor leaders; the May assassination of an
admiral and 3 APRA party members, and the destruction of a
major railroad bridge; June bombings in a Lima plaza which
killed 2 civilians; bombing of a tourist train in Cuzco which
killed 8 persons, including 2 Americans; the murder of 5
development technicians in Ayacucho; and the October
assassination of a bank president.

Two other terrorist groups, the Tupac Amaru Revolutionary
Movement (MRTA) and the Peoples Revolutionary Command
(CPR-MIR) , were reported to have killed two people.

Since 1983 the armed forces have assumed major antiterrorist
duties. Terrorist casualties mounted as did allegations of
both accidental and deliberate military killings of civilians.

613

PERU

in addition to summary executions of terrorists. According to
press and army communiques, the armed forces had killed about
813 terrorists as of August. Peruvian human rights groups
believe this figure includes summary executions of both
suspected terrorists and innocent persons. Some observers
claim that the number of extrajudicial killings by security
forces, which had declined during 1985, rose in 1986. Such
allegations often are difficult to evaluate: official
communiques frequently lack important information about
victims; local authorities often refuse to investigate; and the
threat of violence discourages private observers from traveling
in conflictive areas.

Some claims of government abuses appear politically motivated.
An alleged 1985 military bombardi.ient of Chapi, a village with a
population of 300, supposedly killed 3,000 people. A brief
congressional investigation found Chapi deserted, but no proof
of aerial bombardment, massive deaths, or any hard evidence of
human rights violations. However, the Government's public
acknowledgment that military and police forces went beyond the
scope of their orders indicates that serious problems remain in
the conduct of counterterrorist operations. The most recent
example occurred in October in the towns of Pomatambo and
Parcco. A military communique claimed that 13 terrorists had
died there in a clash with an army patrol. Journalists later
uncovered evidence that 12 of the persons had been summarily
executed by soldiers and their corpses burned. The victims
included 2 children and 2 persons over 80 years old. The
military subsequently acknowledged that the patrol had executed
7 suspected terrorists, and killed 5 others in a firefight; it
said those responsible would be investigated and charged in
military courts. The military reportedly has not cooperated
with an investigation by a district attorney in the case. A
congressional commission named to look into the incident has
not received permission from the Congress to travel to the site.

The security forces' actions in response to the June 18 riots
by Sendero inmates at three Lima prisons were widely condemned.
Sendero members had controlled special terrorist cellblocks for
some time. The inmates were armed and in El Fronton prison had
built tunnels and bunkers. The Government Peace Commission,
established in late 1985, unsuccessfully attempted to persuade
the rioters to release their hostages and permit authorities to
regain control over the cellblocks. After consulting the
Cabinet and his military advisers on June 18, President Garcia
ordered military and police forces to retake the three prisons.
Approximately 234 prisoners died in the 2-day assault on El
Fronton, Lurigancho, and Santa Barbara prisons. At El Fronton
the Navy initially reported 30 prisoners dead and 35 captured;
the bodies of an estimated 78 prisoners were allegedly buried
in the rubble of a maze of tunnels constructed and fortified by
the inmates. At Lurigancho all 124 Sendero prisoners perished.
At the Santa Barbara women's prison two prisoners died in the
attack. The military excluded civilian authorities from the
prisons, reportedly carried out cursory autopsies, and buried
the bodies in scattered cemeteries without notifying relatives.

As a result of the heavy death toll, the Government issued a
communique June 21 in which it "presumed" that security forces
had committed "excesses," and called upon the military, the
Public Ministry, and the Congress to investigate. On June 24
President Garcia announced that 95 policemen had been detained
in connection with the summary execution of "30 to 40" inmates
at Lurigancho, later revised to "over 100". Garcia reiterated
his government's strong commitment to human rights and

614

PERU

announced that those responsible for the killings would be
punished. The Justice Minister and the Prison Institute
director, who had been in office only a few months, resigned.
Although Army General Jorge Rabanal commanded the overall
operation at Lurigancho, an army investigation concluded that
the police had carried out the executions. The police
countered that the policemen were under Army command. The
police inspector general's report submitted to Congress placed
Police Chief Martinez Lira and General Rabanal at the scene of
the executions. The Attorney General's report failed to
establish responsibility. Congress, controlled by the
government party, did not name an investigative commission
until August 22; it then appointed an opposition member as the
commission president without first consulting him. The person
chosen resigned on August 26. No replacement was named, and
the commission has failed to function.

In July General Rabanal refused to appear before a local
prosecutor who brought charges against him, citing conflicting
appointments in a military judicial investigation which had
charged him with negligence and abuse of authority in the
Lurigancho episode. In August the Supreme Court ruled that the
military court has jurisdiction over General Rabanal and the
40 policemen involved in the assault. Human rights advocates
and opposition politicians claim additional summary executions
took place at El Fronton, but there has been no investigation
of these charges .

b. Disappearance

Disappearances have declined dramatically under the current
administration, and this trend continued in 1986. The Public
Ministry's human rights office received 175 reports of alleged
disappearances as of October, while other Peruvian human rights
groups claim to have received about 75 disappearance reports
over approximately the same time period. Of the 276 cases
reported to the Public Ministry in the first 15 months of the
Garcia administration, 162 had been resolved as of October.

Amnesty International has listed a total of 1,100
disappearances as of December 1985; local groups have presented
about 800 cases with more complete documentation to the United
Nations Human Rights Commission Working Group on Forced or
Involuntary Disappearances. The Public Ministry had 2,219
cases reported prior to July 1985 when the present
administration came to power. Of these, only 198 have been
resolved; the remainder are under investigation. Although many
of these cases are based on fragmentary data, the ministry has
compiled much information on disappearances, seeking to enlist
the aid of police and other officials.

The vast majority of resolved cases found the alleged victim
alive. Some disappearances involved persons who joined
Sendero, or who were detained and released but whose families
failed to notify the authorities. Claudio Bellido, a Sendero
leader also known as Comrade Caszelly, whom security forces
reportedly killed in October, had been listed as missing by
Amnesty International for 2 years.

While noting that the number of disappearances has declined
since the present administration took office, domestic and
international human rights groups have expressed serious
concern about disappearances allegedly carried out by the
security forces. Amnesty International lists about 90 of the
El Fronton prison victims as "disappeared." Local human rights

615

PERU

groups, however, have no doubt that the prisoners unaccounted
for were killed during or after the final assault. Human rights
groups caution that disappearances in isolated areas are less
likely to be reported. Some cases reported by the press are
not investigated promptly. An example is the case of Teofilo
Rimac Capcha, a Marxist who disappeared after being detained
June 23 by the security forces in Cerro de Pasco. Not until
August did the Army acknowledge that Capcha had been detained;
the Army claimed that he had escaped from prison on June 25.
As of October his case was not on the list of alleged
disappearances maintained by the Attorney General. Leftist
politicians dispute the claim that Capcha escaped and believe
he was killed or remains detained. The Senate agreed in
November to send a commission to investigate the disappearance,
but as of the end of the year it had not done so.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture and inhuman or humiliating
treatment. Nevertheless, charges of brutality toward detainees
and accused criminals have been commonplace, particularly in
the Ayacucho Emergency Zone. In December the Government agreed
that "excesses" had occurred in some cases, but asserted that
officials who condoned such illegal acts were punished. The
Government is investigating charges of brutality and torture in
two cases involving suspicious deaths of suspects in police
detention. In one case three policemen were implicated and are
awaiting trial in the beating death of a robbery suspect,
Nicanor Diaz Bautista. An autopsy of another robbery suspect,
Erasmo German Javier Rodriguez, revealed that he had been
beaten and subjected to electric shocks. These cases are under
judicial investigation. Five accused terrorists, later freed
for lack of evidence, claimed police had beaten and sexually
mistreated them in Cuzco in November.

Some local human rights groups and criminal lawyers state
privately that the security forces frequently engage in abusive
practices toward detainees. Prison conditions are extremely
poor, and detainees are likely to encounter limited hygienic
facilities, poor nutrition, ill-treatment by prison staff, and
abuse from other prisoners who take advantage of lax
supervision. The Government has moved to improve prison
conditions. During 1986 it closed the infamous "El Sexto" jail
and opened a more modern maximum security prison at Canto
Grande. It continued to reduce prison overcrowding by
releasing minor offenders and improved conditions at women's
prisons .

d. Arbitrary Arrest, Detention, or Exile

The Constitution requires that persons arrested be arraigned
within 24 hours, except in cases of drug trafficking,
terrorism, or espionage, for which the limit is 15 days. These
restrictions are suspended in those areas, including Lima,
under a state of emergency. Arraignment normally occurs in a
timely manner. Arrested persons are entitled to have an
attorney present when they make statements to the police.
Public prosecutors from the Attorney General's office are
supposed to be present during interrogations to ensure that
statements are not made under threat or coercion. Human rights,
groups continue to express concern that these safeguards are
not always respected by authorities, especially in cases /
involving terrorism in areas under a state of emergency. These
groups claim security forces frequently detain citizens

616

PERU

arbitrarily for brief periods, but statistics are lacking. The
Government reported that several dozen persons, who were
reported to have disappeared in 1986, later turned up in police
or military custody.

The Constitution recognizes the concept of judicial
determination of the legality of detention. Human rights
groups point out, however, that requests for such judgments in
areas under a state of emergency frequently are ignored or
dismissed, even though a state of emergency decree does not
suspend this right. Although bail is available in most cases,
in practice the Government denies it to accused terrorists.

The Constitution prohibits compulsory labor or unpaid personal
service.

e. Denial of Fair Public Trial

The Peruvian judiciary is an independent branch of government.
Judicial appointments are made for life; only Supreme Court
justices require legislative approval. The legal system is
based on the Napoleonic Code. Once criminal charges are filed,
a judge determines whether probable cause exists. The next
step is a judicial hearing process that may last up to 5
months, followed by a public trial. Sentences may be appealed,
and courts may send cases back to lower courts for additional
investigation. Although public defenders exist, their numbers
are inadequate; most defendants must pay for legal counsel or
depend upon public defense lawyers. Until July, all terrorist
trials were held in Lima; most persons accused of terrorism are
held without bail.

The courts face severe backlogs, a product of the sharp
increase in terrorism cases, inefficiency, and, according to
some observers, influence peddling. According to the
Government, the majority of prisoners have not been sentenced
and remain at some stage in the trial process. Local human
rights groups have documented numerous cases of persons who
have been detained without bail, awaiting trial, for periods up
to 4 years. Terrorists reportedly have threatened judges
handling terrorism cases. Numerous observers have criticized
the release of detained terrorists as a result of insufficient
evidence or probable extortion. Debate within the country
indicates a growing consensus for a more efficient and secure
judicial system. In December the Senate passed a government
proposal to create a specialized court system with protected
judges. The bill awaits lower house action.

The Constitution mandates that civilians be tried in civilian
courts. A military court exists for some military and police
offenders. The Supreme Court is empowered to decide the venue
of cases involving military and police offenders and, in cases
involving the military, generally rules in favor of the
military court, with one notable exception. In January the
Supreme Court ruled that Navy Commander Alvaro Artaza be tried
in a civilian court for the alleged disappearance of journalist
Jaime Ayala in 1984. On February 2 Artaza was reportedly
kidnaped. Local human rights groups, some of the media, and
some opposition figures believe that he fled the country, with
Navy assistance, to avoid prosecution. The Government has not
investigated Artaza 's disappearance.

The civilian courts heard a number of major cases of alleged
human rights violations by police in 1986, among them the July
1984 death of peasant leader Jesus Oropeza, the March 1982

617

PERU

killings of prisoners in an Ayacucho Hospital, and the November
1983 death of Franciso Nufflo in a police station. Guilty
verdicts were reached against police in 1986 in the Nufflo and
Ayacucho hospital cases, as well as the November 1983 Soccos
killings. The defendants appealed to the Supreme Court, which
has yet to rule. The Supreme Court dismissed charges against
Navy Commander Artaza for the January 1984 killing of six
evangelical missionaries. A civilian court convicted and
sentenced 11 police officers to between 10 and 25 years in
prison for killing 32 Indian peasants in a campaign against
guerrillas in November 1983. The defense filed an appeal of
the guilty verdict in July.

In the military courts, in addition to the trials of General
Rabanal and 40 policemen for the Lurigancho prison killings, at
least 3 other trials for alleged human rights violations are
under way. These include the trial of Lieutenant Telmo Hurtado
for the 1985 murders in Accomarca, that of army officer Oswaldo
Diaz for the 1985 murder of three persons in Huanuco, and the
trial of four persons for killings in 1985 in Pucayacu. These
trials are not public. Human rights groups note that the
Military Code of Justice contains no provision for murder or
torture, and defendants are charged only with "negligence" and
"abuse of authority." Corrective legislation passed the Senate
and awaits lower house action. No member of the military
services has been convicted in either the military or civil
court systems for human rights violations.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution stipulates that police are rec[uired to have a
judicial warrant to enter a private dwelling, and this is
generally respected in practice. The requirement for a warrant
is suspended in areas under a state of emergency, and security
forces in those areas routinely conduct searches of private
homes without a warrant .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and the press,
and these rights are exercised effectively. With 7 television
stations, 33 radio stations, 15 daily newspapers and some
16 periodicals in Lima alone, every segment of the political
spectrum has its voice. In March the Government returned
25 radio stations confiscated by the former military government
to their owners. The Government generally respects press
freedoms. Some journalists, however, suggest that media debts
to government banks and use of government advertising could
lead to self-censorship. One television journalist claimed the
Government moved to suspend a program on alleged Navy
involvement in the disappearance of Commander Artaza. The
Government denied the allegation, and the program was shown
later. One leftist daily claimed security forces broke into
its offices in June and prevented its publication for one day.
The Interior Ministry denied the report, and the newspaper
continues to publish. In November the Foreign Press
Association protested official actions against the foreign
press. These included the military's detention of three local
and one foreign journalist investigating killings in Pomatambo.

618

PERU

b. Freedom of Peaceful Assembly and Association

These rights are expressly guaranteed in the Constitution and
are normally respected in practice. Municipal authorities are
usually forthcoming in approving permits for demonstrations.
Unauthorized demonstrations occur and, for the most part, the
Government deals with them in a nonconf rontational manner.
However, during one illegal demonstration in November miners
and riot squads clashed, leaving 30 to 50 demonstrators and
police injured. The Government announced that seven
unidentified policemen, including three officers, would be
punished for the beating of Congressman Manuel Cortez Fernadez,
who accompanied the miners. Until August, the right to
assemble was suspended in those areas under a state of
emergency. Using emergency powers, the armed forces Joint
Command in May denied a request by the Socialist Revolutionary
Party to hold a congress in Lima.

The Constitution guarantees private workers the right to
organize, to bargain collectively, and to strike. Unions are
required to engage in direct negotiation and to seek
conciliation at the Ministry of Labor prior to any strike
action. Public sector workers, except for the members of the
armed forces and senior government officials, have similar
rights .

According to the Government, 17.5 percent of the work force are
organized in trade unions. Unions generally are not formally
linked with political parties, but important national
confederations are identified with particular political groups,
ranging from the far left to the government party. Total
membership in Communist and other far left unions is larger
than in democratically oriented unions. Union leaders are
consulted regularly by the Government. Peruvian labor
organizations affiliate freely with regional and international
trade union organizations of all ideological tendencies. Peru
is an active member of the International Labor Organization.

c. Freedom of Religion

The Roman Catholic faith overwhelmingly predominates in Peru,
and the Constitution formally recognizes the Church's
importance. The Constitution also establishes the independence
of church and state and guarantees freedom of religion and
conscience. These rights are fully respected in practice.
Members of minority religions encounter no difficulty in
practicing their faith or in exempting their children from
religious instruction in public schools. Missionary
organizations operate freely in the country with the
cooperation of government ministries.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees the right of free movement and
prohibits the exile of citizens. There are no political or
legal constraints on foreign travel or emigration; however,
freedom of movement is suspended in those areas governed by a
state of emergency. Peru is a party to the 1967 United Nations
Protocol on the Status of Refugees. Persons fleeing turmoil in
other countries traditionally have been encouraged to return
eventually to their country of origin but have not been forced
to do so. Involuntary repatriation occurs only in the cases of
persons accused of nonpolitical crimes.

619

PERU

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Peru is a democracy governed by a freely elected President and
Congress. The political process is completely open and is
vigorously contested by groups ranging from conservative to
Marxist. However, Sendero Luminoso persistently seeks to
disrupt elections. Particularly in remote mountain areas, it
kills candidates and elected officials and threatens voters.

Suffrage is universal for persons over 18 years of age, except
for members of the military. In April 1985, Peru held
elections for a president, 2 vice presidents, and 240
congressmen and senators. No serious allegations of fraud were
raised.

The July 1985 inauguration of President Garcia marked the first
transfer of power between democratically elected governments in
40 years and the first accession to power of the American
Popular Revolutionary Alliance (APRA) . The current
administration has a majority in the Congress. Nationwide
municipal elections took place in November 1986, contested by
three major parties and more than a half dozen smaller ones.
Although most of the contests occurred without incident,
several important races were close and led opposition groups to
claim the Government had committed fraud or improprieties. As
of late December the National Elections Board had not yet
adjudicated these claims.

Leadership of the various parties tends to be dominated by the
urban elite whose educational, financial, and communications
resources give them advantages over the poor and rural-based
sectors. Indians and the small black community remain
underrepresented at top levels of government institutions and
the professions.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has welcomed visits by international human
rights groups. In 1986 it received visits from Amnesty
International, Americas Watch, the United Nations Human Rights
Commission Working Group on Forced or Involuntary
Disappearance, and a private group led by Adolfo Perez
Esquivel, Argentina's 1980 Nobel Laureate. High level
officials, sometimes including the President, met with these
groups. Following the prison killings, Americas Watch and
Amnesty International became increasingly concerned about the
human rights situation. The Government did not comment on a
September Americas Watch report. In August Amnesty
International sent the Government a detailed list of its
concerns; as of late December, the Government had not
responded.

A number of human rights groups work in Peru, associated under
the private National Coordinator for Human Rights. The three
largest groups are the Association for Human Rights formed in
1983; the Catholic church's Episcopal Commission for Social
Action; and the National Human Rights Commission. Smaller
groups also exist in Lima and the departmental capitals. Lima
is headquarters for the Andean Commission of Jurists, which
sponsors human rights analysis in Peru and the Andean region.
Local groups recognized some positive government steps in 1986
but were concerned that the overall trend in human rights was

620

PERU

negative; they said civilian institutions were unable or
unwilling to investigate and punish violators. Members of a
government-appointed Peace Commission resigned in January
charging the Government failed to respond to its
recommendations on terrorism and human rights. A new
Commission was appointed, but its members resigned following
the June prison riots. In October the Government established a
National Human Rights Council under the Justice Ministry.
Composed of official and private members, it has a broad
mandate to promote respect for human rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution grants women eqpaality with men, and laws on
marriage and divorce do not discriminate against women.
Nevertheless, tradition still tends to impede the access of
women to leadership roles in major social and political
institutions. There are 3 women in the 60-member Senate and
10 in the 180-member Chamber of Deputies. Women represent
26 percent of the Peruvian labor force. In 1984, 61.9 percent
of the female workforce were employed in commerce and services,
16.6 percent in the industrial sector, and the remaining 19.5
percent in other occupations, mainly as domestics. The average
wage of male workers is double that of females.

The rural indigenous population and Peru's small black
community face situations similar to those of women. The
former group traditionally has lacked access to public
services. Composed of several distinct geographic regions,
Peru is a classic case of differential development: public
investment traditionally has been focused on the coast, drawing
migrants to the cities, especially Lima. One-third of the
population is in the capital area and accounts for two-thirds
of the gross domestic product. The Government has considerably
increased the flow of resources and services to poor, largely
Indian rural areas. Development efforts, however, have been
impeded by the difficulty and cost of providing services to
areas out of the mainstream of hispanic culture and economic
activity. As a result of this dichotomy and of historical
prejudices, the economic and social needs of Peruvians of
European ancestry are more likely to be met than those of mixed
or pure Indian heritage.

CONDITIONS OF LABOR

Peruvian law prohibits the employment of children under 14
years of age but allows the employment of older children who
are literate. Although minimum-age legislation generally is
enforced in all sectors of the official economic system,
chronic social problems lead many destitute children to seek a
living on the streets.

Employers are required by law to pay a minimum wage. Ministry
of Labor inspectors are charged with enforcing compliance with
workplace safety and health regulations. Both public and
private sector employees are covered under the state-run Social
Security Institute health plan. Workers have had an 8-hour
workday since 1918, and the official workweek is 40 hours.

621

U.S. OVERSEAS -LOANS AND GRANTS- OaLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY; PERU

1934

1935

1986

I. SCON. AS3IST.-T0TAL.. .

LOANS ,

GRANTS

A. AID

LOANS <

GRANTS ,

(SEC. SU°P. ASSIST.)..,

a. FOOD FOR PEACE ,

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN $-LOANS....,

PAY. IN FOR. CURR

TITLE II-TOTAL

5. RELIEF. EC. DEV 5 WFP,

VOL. RELIEF AGENCY.. ..,

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

4. MAP GRANTS .,

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG.
O.TRAN-EXCESS STOCK,
t. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

164. 6

79.1

29.6

119.0

25.5

0.0

45.6

53.6

29.6

118.9

37.9

25.9

100.0

0.5

0.0

18.9

37.4

25.9

0.3

3.0

7.0

42.9

38.8

0.0

19.0

25.0

0.0

23.9

13.3

0.0

19.0

25.0

0.0

19.0

25.0

0.0

23.9

13.8

0.0

2.7

4.0

0.0

21.2

9.8

0.0

2.8

2.4

3.7

0.3

3.0

0.0

2.8

2.4

3.7

0.0

2.8

2.4

3.7

ObO

0.0

10.7

8.7

0.6

10.0

8.0

0.0

0.7

0.6

0.3

D.O

0.0

10.0

8.0

0.0

0.7

0.6

0.0

175.3

87.8

30.2

129.0

33.5

0.0

46.3

54.3

30.2

OTHER US LOANS 0.3

1.3 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.3

0.0 0.0
1.3 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1534 1985 1986

1946-86

TOTAL ,

317.6

73.3

23.5

3326.8

IBRD

122.5

31.0

13.5

1690.9

if:

9.2

16.8

10.0

100.1

IDA

3.0

0.0

0,0

loa

184.3

24.3

0.0

1466.7

AOB

0.0

AFDB

0.0

, 0.0

0.0

UNDP

1.1

1.2

0.0

54.5

OTHER-UN

0.0

14.6

EEC

3.0

0.0

622

ST. CHRISTOPHER AND NEVIS

St. Christopher and Nevis, which became independent from the
United Kingdom in 1983, has a government modeled on the
British parliamentary system, with elections at least every 5
years. The political opposition is active and vocal. The
Constitution provides the smaller island of Nevis considerable
self-government, as well as the right to secede from the
federation if certain enumerated procedures are followed.

Security forces consist of a small police force, which
includes a Special Service Unit that receives some light
infantry training.

St. Christopher and Nevis has a mixed economic system. Most
commercial enterprises are privately owned, but the sugar
industry — the country's largest — and 85 percent of all arable
land are owned by state corporations.

The country's human rights record remained good in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No political killings were reported.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Law enforcement authorities abide by the constitutional
prohibitions against the use of torture or cruel, inhuman, or
degrading treatment or punishment. Prison conditions are
adequate; family members, attorneys, and clergy are permitted
to visit detainees regularly.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention.
The law requires that persons detained be brought before a
court within 48 hours. There were no reported cases of
exile. Although there is no legal provision against it,
forced or compulsory labor is not known to take place in St.
Christopher and Nevis.

e. Denial of Fair Public Trial

The Constitution requires that every person accused of a crime
receive a fair, speedy, and public trial. The judiciary is
highly regarded and independent. Like most of the English-
speaking Caribbean, St. Christopher and Nevis is served by the
Eastern Caribbean Supreme Court. Legal assistance is available
to indigent defendants.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Neither the Government nor police interfere arbitrarily in the

623

ST. CHRISTOPHER AND NEVIS

private lives of individuals. Warrants are required to search
private homes.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and of the
press. St. Christopher-Nevis does not have a major daily
newspaper. Each of the large political parties publishes a
weekly or biweekly newspaper. International news publications
are readily available. The Government owns and operates the
only television station, but opposing political views are
debated on television as well as on the commercial radio
station.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right of peaceful assembly.
Organized demonstrations, rallies, and public meetings
sponsored by political parties occur regularly without
government interference. Labor unions are free to organize
and to negotiate for better wages and benefits for union
members .

c. Freedom of Religion

The Constitution guarantees the free exercise of religion, and
there are no restrictions on religious practices. Most church
members belong to Protestant denominations.

d. Freedom of Movement Within the Country, Foreign,
Travel, Emigration and Repatriation

Travel within and outside of the country is unrestricted.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The multiparty political system encompasses a wide variety of
political views. Suffrage is universal over age 18.
Political parties are free to conduct their activities, and
every party holds annual conventions.

The current Government is a coalition of two of the three
major political parties: the People's Action Movement, led by
Prime Minister Kennedy Simmonds, and the Nevis Reformation
Party, headed by Simeon Daniel, the Premier of Nevis. In the
June 1984 national election, the coalition strengthened its
mandate by winning 9 of the 11 elected seats in Parliament.

Section 4 Government Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No international human rights organizations maintain offices
in St. Christopher and Nevis. The Government is firmly
committed to the promotion of human rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There have been no reports of systematic discrimination based
on race, sex, creed, language or social status. The role of
women in society is not restricted by law. Participation by

624

ST. CHRISTOPHER AND NEVIS

women in public life got a boost in the 1984 election, when
Constance Mitcham won a seat in Parliament, defeating the
leader of opposition. Ms. Mitcham was subsec[uently appointed
Minister of Women's Affairs. Women occupy a very small
percentage of senior civil service positions.

CONDITIONS OF LABOR

The minimum legal working age is 14. The work week is 40
hours in 5 days, and workers are guaranteed a minimum vacation
of 2 weeks. A minimum wage is established by law.

625

ST. LUCIA

A member of the British Commonwealth, St. Lucia has a
multiparty parliamentary democracy. The current Prime
Minister, John Compton, was elected in May 1982.

St. Lucia has experienced more than 4 years of stable
political conditions and sustained economic growth. High
unemployment remains a source of potential instability, but it
is anticipated that elections will be held within the next 18
months as required by law.

The police are the only security force in St. Lucia. A small
Special Service Unit has been established within the police
force and has received some paramilitary training. St. Lucia
also is developing a coast guard. Though small, these forces
are imbued with traditions of integrity, professionalism, and
respect for human rights.

St. Lucia continues to have an excellent human rights record.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of killings for political motives.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

No such incidents were reported.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest or imprisonment
and provides that persons arrested be brought before a court
within 72 hours. The Government honors these provisions in
practice. There were no reports of arbitrary arrest or other
forms of extralegal detention or forced exile in 1986. The
Women and Young Persons Acts prohibit forced or compulsory
labor; the law is respected in practice.

e. Denial of Fair Public Trial

The Constitution mandates public trials before an independent
and impartial court and guarantees the provision of legal
counsel to indigents. Accused persons are presumed innocent
until proven guilty. The regional West Indies Court of
Appeal, long known for its impartiality, serves as St. Lucia's
appeals court.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Constitutional prohibitions against arbitrary search, seizure,
and entry are observed by the authorities. There were no
reports of arbitrary intrusion by the State into the private
lives of individual citizens in 1986.

626

ST. LUCIA
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Constitutional guarantees of free speech and press are
respected in practice. St. Lucia has two newspapers
reflecting contrasting opinions. The television station is
privately owned. The Government owns and operates Radio St.
Lucia, and a religious organization operates another radio
station. The Government does not censor the media.

b. Freedom of Peaceful Assembly and Association

There are no legal restrictions on public meetings in St.
Lucia. Political opposition groups organize and conduct
activities freely.

Workers have the right to form trade unions, conduct union
activities free of government intervention, and engage in
collective bargaining. Strikes in the private sector are
legal if government-sponsored efforts to resolve disputes
fail. Unions represent the majority of wage and salary
earners and play a prominent role in the nation's economic and
political life.

c. Freedom of Religion

There is no religious discrimination in St. Lucia. The
majority of the population is Roman Catholic.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees these rights, and they are honored
in practice. The Government revoked the passports of 16 St.
Lucian citizens to prevent their travel to Libya in 1983,
alleging that the group was to receive terrorist training.
It still holds the passports of several of the original 16,
thus restricting their travel outside St. Lucia.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

St. Lucia has a parliamentary system of government under which
citizens have a genuine choice of parties, policies, and
officials. Political activity is vigorous. Opposition
parties play an active role in and out of Parliament, where
they hold 3 of 17 seats. Parliamentary elections last were
held in 1982 and by law must be held again before May 1987.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

International human rights bodies filed no reports or requests
for investigations in 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are no legal restrictions on the role of women in St.
Lucia. Women are well represented in government and the
professions. As more women take advantage of public schooling
and other government programs, the participation of women in
other sectors of society is expected to increase.

627

ST. LUCIA

CONDITIONS OF LABOR

The minimum legal working age in St. Lucia is 14. The work
week is 40 hours in 5 days, and workers are guaranteed a
minimum annual vacation of 2 weeks. Although no minimum wage
is established by law, a government-established wage council
reviews wage rates in different sectors and makes
recommendations which generally are accepted as having the
force of law.

628

ST. VINCENT AND THE GRENADINES

St. Vincent and the Grenadines retains the multiparty
parliamentary system of government which it inherited upon
independence from the United Kingdom in 1979. Democratic
traditions and respect for the rights of the individual have
continued since independence. In July 1984, the New Democratic
Party led by James F. Mitchell defeated the ruling St. Vincent
Labour Party led by then Prime Minister Milton Cato in
peaceful, democratic elections. By law, elections again must
be held by October 1989.

The Royal St. Vincent Police is the only security force in the
country. A small Special Service Unit with some paramilitary
training has been established within the police force, and a
coast guard serves under police command. The St. Vincent
police maintain traditions of professionalism which place a
high value on respect for human rights.

A poor country with a very young population, St. Vincent's most
serious problem is unemployment. The nation's economy grew
modestly in 1986, led by the vital banana industry, but a
tropical storm in September damaged the banana crop and sharply
reduced export receipts .

The country's human rights record remained good during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reports of torture or cruel, inhuman, or
degrading treatment or punishment.

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides that persons detained for criminal
offenses be provided legal representation and that their cases
be reviewed periodically. The Government assiduously follows
these provisions. A Dutch journalist was summarily deported
from St. Vincent in September while doing research on an
article about an off-shore bank that operated in St. Vincent.
No charges were brought against the journalist, and no
explanation was given for his deportation.

There is no legal prohibition against forced or compulsory
labor, but such practices are not known to take place in St.
Vincent .

e. Denial of Fair Public Trial

The Constitution provides for public trials before an
independent and impartial court. Criminal defendants have the

629

ST. VINCENT AND THE GRENADINES

right to legal counsel, are presumed innocent until proven
guilty, and have the right of appeal, ultimately to the Privy
Council in London.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution prohibits arbitrary entry, search, and
seizure; this prohibition is honored in practice by law
enforcement authorities. There were no reports of arbitrary
search and seizure or other government intrusions into the
private life of individual citizens in 1986.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and of the press,
and the Government respects these rights. The Government
neither censors nor interferes in the operation of newspapers,
which openly and freely criticize it.

b. Freedom of Peaceful Assembly and Association

The freedom to assemble peaceably is respected in practice.
The Government has adhered to the International Labor
Organization's Convention on Freedom of Association. Unions
enjoy the right of collective bargaining and the right to
strike; they represent approximately 7,000 workers (slightly
more than 10 percent of the labor force) .

c. Freedom of Religion

All religions are free to practice and proselytize in St.
Vincent and the Grenadines .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

These rights are guaranteed by law and honored in practice.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

St. Vincent has a parliamentary system of government in which
citizens have a genuine choice of parties. In the 1984 general
election, the New Democratic Party won 9 of the 13 seats in
Parliament and ousted the St. Vincent Labour Party.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No international human rights organization maintains offices in
St. Vincent. Although there is no local body which publicly
monitors human rights violations, opposition political groups
occasionally comment on human rights matters. The Government
is responsive to public and private inquiries on its human
rights practices.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The role of women in society is not restricted by law, but
custom dictates that most Vincentian women center their lives

630

ST. VINCENT AND THE GRENADINES

around the home. As women take greater advantage of public
education programs, health facilities, and family planning,
they are expected to participate in larger numbers in the
nation's economic, professional, and political life.

CONDITIONS OF LABOR

The minimum working age is 15. The work week is 40 hours in
5 days, and workers are guaranteed a minimum annual vacation of
2 weeks. The Government currently is endeavoring to convert
loose arrangements covering occupational safety and health into
statutes. Minimum wages are established by law.

631

SURINAME

The military has governed Suriname since the 1980 coup that
overthrew an elected government and suspended the Constitution.
Since then. Lieutenant Colonel Desire D. Bouterse has exercised
political power as "Leader of the Revolution" and Commander of
the Armed Forces. In 1985 he officially assumed the title of
Head of Government. On December 1, the Government reimposed
in eastern Suriname the State of Emergency which had been in
effect throughout the country from 1980 to February 1986.

In January 1985, the military authority led by Commander
Bouterse announced a timetable for "a planned return to
democracy." Under the timetable, an appointed National
Assembly, consisting of representatives of the military,
business, and organized labor, would draft a new constitution
to be presented for popular approval by the end of March 1987.

Since July 1986, representatives of the principal political
parties, business, and labor have sat alongside the military
on the Council of Ministers, which oversees the day-to-day
affairs of government, and on the Topberaad (Supreme Council),
Suriname 's highest decisionmaking body, which Bouterse chairs.
Real power is still in the hands of the military, which has
promised new government institutions by April 1988 after
general elections are held.

The Government continued to exercise control over Suriname 's
predominantly free market economy in 1986, primarily through
the mechanism of centralized importing and distribution,
foreign exchange controls, and import licenses for importers
and manufacturers. Economic conditions deteriorated rapidly
and have led to a shortage of foreign exchange. Imported
goods are increasingly scarce and expensive. Companies engaged
primarily in importing and commerce suffered a sharp decline
in trade.

Early in 1986, 500 bauxite industry employees were dismissed
from their jobs; however, unemployment rose less rapidly than
it might have, since companies in Suriname are forbidden by
law from laying off workers without government approval.
Nevertheless, during the last quarter of 1986, unemployrr.ent
increased sharply as a result of an insurgency led by former
army private Ronnie Brunswijk which has destroyed or damaged
several major economic targets, idling hundreds of workers.

The human rights situation in Suriname deteriorated seriously
in mid-1986, particularly in the areas of suspected killings,
disappearance, arbitrary arrest, and detention. This turn for
the worse was largely due to the brutal practices employed by
the Surinamese military in their effort to combat the Brunswijk
insurgency which began in July.

The victims of most human rights violations in recent months
have been Bush Negroes, members of an ethnic group descended
from African slaves. Bush Negro villages are concentrated in
Eastern and Central Suriname, although many Bush Negroes now
live in the capital, Paramaribo, and its suburbs. Brunswijk
is a Bush Negro, as are almost all his followers. Tne army
and militia appear to suspect all Bush Negroes to be Brunswijk
supporters, and many Bush Negroes have been killed or arrested
for no other reason than this.

According to credible eyewitness reports, many innocent
civilian Bush Negroes, including women and children, were

66-986 0-87-21

632

SURINAME

killed by the army in Eastern Suriname during the last quarter
of the year. Several Bush Negro villages also were
destroyed. The international community condemned these
actions and called on the Surinamese Government to take steps
to end the abuse and bring those responsible to justice. The
Government has responded that it will investigate these
reports. In other areas, the military continued to engage in
arbitrary arrest, incommunicado detention, and physical
mistreatment of prisoners.

Suriname 's official National Institute for Human Rights (NIM) ,
established in 1985, has proven to be a government-controlled
body. Surinamese remain intimidated by the regime.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from;

a. Political Killing

According to credible eyewitness reports, noncombatant Bush
Negroes, including women and children, were massacred by the
military combating the insurgency in eastern Suriname. There
have also been widespread reports of military death squads
operating on government instruction against Bush Negroes.

The army and militia are believed to have been involved in the
killings, directed primarily against Bush Negroes in Paramaribo
and Moengo. In one instance, five bodies of Bush Negroes were
found on the outskirts of Paramaribo, riddled with bullet
holes. Dutch news media published photos and videotapes of
several bodies found near the village of Moengotapoe;
interviews with survivors, as well as information from other
reliable sources in Paramaribo, indicate that massacres like
Moengotapoe took place in a number of other villages in the
area. Conservative estimates of the number of civilians
killed in the army's December sweep are at least 244.

b. Disappearance

There have been several credible reports of the kidnaping and
disappearance of Bush Negroes, but the exact number of such
cases is unknown.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The 1985 Inter-American Commission on Human Rights (lACHR)
report on Suriname expressed concern over widespread reports of
torture by the Government. It also sharply contrasted prison
conditions found in such military installations as Fort
Zeelandia with those of Suriname 's state penitentiaries, such
as Santo Boma Prison. The report describes Fort Zeelandia 's
temporary brig as "badly overcrowded, filthy, with only the
most primitive facilities." It found Santo Boma a "truly model
facility," where regular school classes and trades are taught
and where guards and administrative authorities are "well
prepared educationally for their jobs." However, overcrowding
is a serious problem in Paramaribo jails such as Nieuwe Haven
and Geyersvlijt, where suspects are held as long as 6 months
while awaiting trial.

633

SURINAME

d. Arbitrary Arrest, Detention, or Exile

There were several widely publicized cases of arbitrary arrest.
In February a journalist who had publicly criticized the
Government was arrested at Paramaribo's international airport
on his way to the United States for a vacation. The journalist
and his family had their luggage searched and their passports
confiscated by military police. According to the authorities,
the journalist possessed subversive and "destabilizing"
literature. However, the journalist said that the
incriminating material consisted of nothing more than United
Nations reports on human rights in Suriname and some clippings
from Dutch newspapers. The journalist was interrogated at
Fort Zeelandia for several days before being released. He
later left the country.

In June two Dutch journalists who entered Suriname illegally
in order to interview the insurgent Brunswijk were arrested by
military police on charges of espionage. Imprisoned in Fort
Zeelandia, they were held for 8 days before the courts
determined that there was insufficient evidence to support the
charges. The journalists were then turned over to immigration
authorities, who held them for another 9 days before deporting
them. While these incidents highlight the vulnerability of
individuals to arbitrary arrest, it is noteworthy that the
courts ordered the journalists' release in the face of strident
public opposition from the Minister of Justice.

As the strength of the insurgency grew, the military responded
by arresting at least 20 Bush Negroes in sweeps through
villages in eastern Suriname, beginning in late July. Members
of the insurgent leader's family, including his younger brother
Leo Brunswijk, and over 100 Bush Kcgro civilians from eastern
Suriname where the insurgents operate, were detained at Fort
Zeelandia, military police headguarters , the naval base, and
possibly other military installations. On Christmas eve, the
Government released 60 of these prisoners, mostly Bush
Negress, from Fort Zeelandia. The military admitted that 50
prisoners are still being held there and have not been turned
over to judicial authorities for legal proceedings. The
Government has still not disclosed the charges against them,
if any. A regional representative of the International
Committee of the Red Cross was allowed to visit the prisoners
in December. While the charges were said to have been dropped
against those prisoners released, their names were not
disclosed, and they are clearly reluctant to talk to the press.

According to Surinamese law, a person suspected of having
committed a crime for which the sentence is longer than
4 years may be detained for investigation for up to 14 days
before being brought before a court to be charged. He may be
detained longer only if a judge decides there is sufficient
evidence to support the charge. There is no provision for
bail during this period.

There were no reports of forced or compulsory labor in
Suriname.

e. Denial of Fair Public Trial

The judiciary continues to maintain its independence and to
provide fair public trials when accused persons are turned
over to it. The record of the National Police in this regard
is good, but the Military Police, who are empowered to arrest
civilians, frequently do not turn prisoners over to the courts

634

SURINAME

promptly. Bush Negroes arrested in eastern Suriname and held
incommunicado at Fort Zeelandia for many months are a case in
point .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

In 1986 military police entered homes and businesses without
warrants to conduct searches. The People's Militia and the
February 25 Movement are organizations which monitor what
people say, and act as informers to the authorities. There
are no known cases of persons having been forced to join or
actively support these organizations, though benefits do
accrue to those who do. It is commonly believed that the
Government engages in widespread wiretapping of private
conversations. Some letters from overseas are believed to be
opened by the Government for political reasons.

In early 1986, the Government began jamming Radio Netherlands
Caribbean Service, which often carries items from the Dutch
press about Suriname. Dutch newspapers and journals have not
been available to the public since 1982, and publications from
the Netherlands do not reach subscribers in Suriname.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Surinamese have not forgotten the brutal events of December 8
and 9, 1982, when 15 prominent opposition leaders were killed
while in government custody; they remain circumspect about
publicly criticizing the regime.

The press in Suriname is not free. The arrests of the
Surinamese and Dutch journalists are examples of official
efforts to interfere with the press. In another case,
Bouterse himself publicly criticized a Paramaribo weekly
newspaper for failing to contribute "to the goals of the
revolution." He warned that it risked the same fate as a
Paramaribo daily whose offices were burned by the army in
1982. Two months later, the editor of the weekly left the
country to take up residence in Holland. While government
censorship is not direct, local editors and journalists have
been given a clear understanding of what is acceptable to the
Government and what is not, particularly in reporting on
military developments and fighting between the army and
insurgents. Usually they are careful not to overstep the
limits. On November 23, the media was forbidden to publish
any news reports on events in eastern Suriname unless they
were first cleared by the National Information Service (NIS) .
On December 23, video and sound tapes were confiscated from
Dutch journalists working legally in Suriname, who had been
interviewing inhabitants of Bush Negro villages in central
Suriname. The media generally restricts coverage of sensitive
issues to publication or broadcast of official news releases
from NIS or the official Suriname News Agency.

There are two public and three private radio stations and one
government-owned television station. There are two private
daily papers and one private weekly newspaper. In addition,
the Catholic and Moravian Churches each publish a small weekly
newspaper which often carry articles critical of the
Government. The Lutheran and Reformed Churches publish a
combined monthly journal.

635

SURINAME

b. Freedom of Peaceful Assembly and Association

Restrictions on mass political meetings which had been in
place since the coup in 1980 were relaxed somewhat in 1986.
One political party sponsored a large public celebration of
the 70th birthday of its founder, and another organized a
church service to commemorate the 40th anniversary of its
founding. However, political leaders are cautious about
exercising this freedom, and have been careful to avoid
criticism of government policy. People may assem±)le freely
for social purposes. Religious associations, clubs and
fraternal societies operate without government interference.

The State of Emergency, the lifting of which was regarded as a
significant step toward the long-awaited return to the rule of
law, was reinstated on December 1 in most of the eastern half
of Suriname. The enabling legislation authorized the military
authorities to enact any measures they regard as necessary for
the restoration of order in the area. The first decrees
announced by the military placed a 6 p.m. to 5 a.m. curfew in
effect in two districts, prohibited gatherings of any kind in
the entire State of Emergency area, required the surrender of
all privately owned firearms in the country (later amended to
apply only to the State of Emergency area) , and placed
restrictions on movement in eastern Suriname. At the same
time, all foreigners were warned to stay out of the area
covered by these decrees — which curiously included Zanderij
International Airport.

Half the labor force is unionized. Labor organizing, union
elections, wage negotiations, and labor actions, including
strikes, normally take place freely. However, most labor
leaders continue to be cautious in their dealings with the
Government. Unions and business organizations are free to
affiliate with international bodies. In November 1986, the
International Confederation of Free Trade Unions suspended one
labor federation, the Moederbond, for supporting the Bouterse
Government. Three of Suriname 's four labor federations and
two business associations are participating in the Government
and in the drafting of a new constitution.

c. Freedom of Religion

There is freedom of worship. No one religion is favored above
any other, nor is there discrimination against members of any
religious group. Articles and programs sponsored by religious
groups appear in the newspapers and on radio and television.
Religious groups publish without advance censorship, maintain
international contacts, and freely organize trips abroad.
Foreign clergy are allowed to minister to the needs of both
local and expatriate congregations; however, in August 1985,
Father Maarten Noordermeer was expelled from the country for
making statements from his pulpit directly criticizing
Bouterse. The National Institute for Human Rights [NIM] ,
which has been largely inactive in 1986, held a public hearing
on the complaint filed by the Catholic bishop; it ruled on
December 31 that neither the rights of Father Noordermeer nor
those of the Catholic diocese had been violated by the
expulsion. However, NIM noted that Surinamese immigration
law, which was enacted in 1938 and doesn't allow aliens to
appeal expulsion orders, no longer met "international norms."
NIM's decision only confirmed the popular perception that it
is a government-controlled organ with no independent voice.
Missionaries are allowed to enter the country and to
proselytize.

636

SURINAME

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Surinamese may move residences and change workplaces freely.
They generally may travel abroad as they wish; however, travel
within Suriname is now restricted because of fighting in
eastern Suriname, and travel between government -he Id and
guerrilla-dominated areas is practically impossible. The
Government also has suspended flights by the Mission Aviation
Fellowship, which provided supply and transportation services
for religious missions in the interior. There was one case in
1986 in which passports were seized by the authorities to
prevent persons identified as political opponents from
traveling abroad. However, when threatened with legal action,
the authorities returned the passports within a few days.

Surinamese may emigrate without interference and may return to
take up residence at any time. In general, Surinamese
identified with the previous government are not harassed if
they return to the country. However, those regarded as
enemies by the current regime are afraid to return. In its
1985 Report on Suriname, the lACHR expressed concern over
reports of harassment, intimidation, and in some cases, the
attempted assassination of political opponents of the
Government who were living abroad.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Until the 1980 coup, Suriname was a functioning democracy.
Upon taking over, Bouterse suspended the Constitution and
placed effective power in the hands of a five-member Military
Authority, presently reduced to two members. There have been
no elections since the coup, but with the inclusion of
civilians in the Government in 1984, an official policy of
returning to an undefined "democratic system" was begun. In
August 1985, Bouterse, as Chairman of the Military Authority,
was made Head of Government. In January 1985, the 31-member
National Assembly was appointed, 14 members nominated by the
military, and the other 17 by the labor unions and a business
association. The Assembly was charged with drafting a new
constitution. On December 12, Bouterse announced that the
draft constitution would be ready by March 1987 and that it
would be submitted to a popular referendum for approval within
6 months. He also said that general elections will be held no
later than March 1988.

In July 1986, a new Cabinet, composed of representatives of
military, labor, and business groups, as well as of Suriname's
three traditional parties, was appointed to implement a
program of political and economic reforms. The nature of this
program and of the future democratic system has not been
further defined.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In 1985 the Government appointed five persons to the NIM human
rights commission. NIM exhibited little interest in pursuing
individual complaints of human rights violations until October
1986, when it announced hearings on the case of the Catholic
priest expelled from Suriname 18 months before. No reason was
given for investigating this particular case;

637

SURINAME

two other individual complaints brought to the attention of
the commission earlier were not mentioned.

There are no nongovernmental human rights organizations within
the country. Representatives of the various churches speak
out against violations of human rights, but they do so
carefully to avoid retaliation by the military authorities.
In a rare official reference to human rights, Bouterse, during
his appearance at the U.N. General Assembly in October 1986,
asserted that the Surinamese Government fully supported the
protection of fundamental human rights. The Government is not
active in international or regional human rights bodies.

The Surinamese Government did not respond to the lAHCR effort
to raise the question of summary executions.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women have equal access to education and employment, although
social pressures and customs still inhibit women from fully
exercising these rights. Racial discrimination is prohibited
and is uncommon in Suriname's multiracial society. However,
ethnic consciousness remains strong among all groups and has
been exacerbated by the current fighting between the
predominantly Creole army and insurgents, who are mostly Bush
Negroes .

CONDITIONS OF LABOR

There is no legal minimum wage in Suriname, but wages are
generally high by the standards in the region and provide
workers an adequate standard of living. The workweek in most
companies is between 39 and 45 hours. The legal minimum age
for employment of children is 14, except in the fisheries
industry where it is 15.

638

U.S.OVERSnftS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SURINAME

1934

1985

1986

I. EC

(

3.F

TIT
5E
PA

TIT

. ASSIST. -TOTAL..

OANS

RANTS

OAMS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

£R E

OANS

RANT

PEA

NAR

OTH

op. ASSIST.) ..
R PEACE ,

S ,

OTAL ,

N $-LOANS

FOR. CURR

TOTAL ,

.EC.OEV S WFP,

EF AGENCY

CON. ASSIST...

C£ CORPS,
COTICS..,
ER

0.0
0.0
0.0
0.0
0.3
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

II. MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.
:.INTL MIL.E0.TRN3.,
D.TRAN-cXCESS STOCK

E. OTHER GRANTS.

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
3.0
0.0
0.0
0.0

III. TOTAL ECON. ^ MIL.

LOANS

GRANTS

0.0
0.0
0.0

OTHER US LOANS. .. .
5<-IM BAN^ LOANS.
ALL OTHER ,

0.0
0.0
0.0

0.0
3.0
3.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

0.0

0.3

0.0

59.6

I3R0

0.0

IPC

0.0

IDA

0.0

103

0.0

ADS

0.0

AFD8

0.0

, 0.0

0.0

UNDP

0.0

0.3

0.0

11.1

OTHER-UN

0.0

O.'O

0.0

0.7

ee:

3.0

0.0

47.8

639

TRINIDAD AND TOBAGO

Trinidad and Tobago is a two-island state with an estimated
population of 1.2 million, of whom approximately 43 percent
are of African and 40 percent of East Indian descent. The
country is a republic with a parliamentary style of
government. In general elections in December 1986, the
National Alliance for Reconstruction defeated the People's
National Movement which had governed the country since its
independence from Great Britain in 1956. Elections are free
and fair and must be conducted at regular intervals.

The Trinidad and Tobago police service is, as a whole, a
capable and professional force. There are, however, recurring
charges in the courts and in the press alleging improprieties
on the part of individual police officers. The legal system
provides effective measures for legal redress for the
complainant in such cases. Trinidad and Tobago's judicial
system is independent and based upon that of the British, with
the Privy Council in London serving as the highest court of
appeal .

Trinidad and Tobago has a mixed economy based upon petroleum
production and refining and agriculture. Many major
industries are either wholly or partially owned by the
Government, but there is a strong tradition of private
enterprise and private ownership of property.

The country's economy has suffered with the recent worldwide
fall in oil prices, but Trinidad and Tobago continues to have
a high standard of living and the fourth highest per capita
income in the Western Hemisphere. Political and civil rights
are protected by the country's Constitution end respected in
practice. Labor unions have the freedom to organize, bargain
collectively, and strike. There is complete freedom of
religion in Trinidad and Tobago, which has large populations
of Christians, Hindus, and Moslems.

Trinidad and Tobago's human rights record remained good in
1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings.

b. Disappearance

There were no reports of disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution forbids such treatment and, according to the
law, any evidence obtained by such means is inadmissible in
court. Torture is not practiced in Trinidad and Tobago.
There' are, however, recurring allegations in the press and
charges in the courts that individual police officers have
physically mistreated persons under arrest. The law permits
victims of such treatment to sue for damages in civil court
and to file criminal charges against the individual officer
responsible. The courts often find in favor of the

640

TRINIDAD AND TOBAGO

complainant, and police officers found guilty of such behavior
are subject to disciplinary action. There is no evidence that
police brutality is systematic or condoned by the Government.

The law requires a public coroner's inquest in any case in
which a person has died while in police custody. In 1985 the
murder of a member of a local mosque while in police custody
aroused much public concern. The man was arrested for
loitering, and then allegedly stabbed to death by an unknown
assailant during a struggle with the arresting officer. A
coroner's inquest, convened to investigate the murder, was
unable to identify the killer; the case was passed back to the
police for further investigation, with no results announced by
the end of the year. A citizens' committee investigated the
killing and charged that the police were responsible.

In March a group of people demonstrating against the visit of
an English cricket team, which included players who had played
in South Africa, allegedly was attacked by police. The
demonstrators were behind police-erected barriers when the
baton-wielding police charged them. Several demonstrators
were injured, and 16 people, including 3 journalists who were
covering the event, were arrested for demonstrating without a
permit. Many organizations, including the press and trade
unions, protested that excessive force had been used by the
police. The Minister of National Security ordered the
Commissioner of Police to determine who was responsible. The
results of this investigation have not yet been released.

Trinidad and Tobago's prisons are overcrowded and poorly
staffed.

d. Arbitrary Arrest, Detention, or Exile

Although the law specifies that a suspect must be charged "as
soon as possible" after arrest, in practice charges usually
are made within 48 hours. The police can, however, obtain a
court order to hold a person longer to gather more evidence.
Preventive detention is not allowed under the law. Arrested
persons are allowed access to a lawyer of their choice and
have the right to a judicial determination of the legality of
their detention. Family members may visit detainees. There
are recurring charges in the courts that the police have
violated one or more of these procedures in individual cases,
and the courts, which vigilantly monitor police practices in
this area, often find for the complainant.

There is no forced labor in Trinidad and Tobago. Although
Trinidad and Tobago has no laws regarding forced labor, it has
adopted the International Labor Organization's convention on
the subject.

e. Denial of Fair Public Trial

The Constitution guarantees accused persons a fair and public
trial by the independent judiciary, from which appeals may be
made to an appellate court and eventually to the Privy Council
in London. Defendants have the right to an attorney, although
not at public expense. With the exception of murder cases,
all accused persons may be freed on bail pending trial. The
presiding magistrate may suspend bail after consultation with
the prosecution and defense.

The judiciary reportedly is overworked, understaffed, and
underfunded. Over 11,000 court actions were filed in the

641

TRINIDAD AND TOBAGO

civil courts during the 1985-86 court term, and the large
backlog has led to long delays in bringing cases to trial.

There are no political prisoners in Trinidad and Tobago.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution and laws prohibit such arbitrary interference,
and these prohibitions generally are respected.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of expression, and this
right is protected in practice by the country's independent
judiciary, by its pluralistic political system, and by the
independent and privately-owned print media.

Trindad and Tobago Television (TTT), which operates the only
television station in the country, is government owned. Its
coverage is generally unbiased, although disputes have arisen
in the past over its political broadcasting policy. TTT
allocates broadcast time to the ruling and opposition parties
in proportion to the share of votes received in the previous
general election. In 1984 a prominent member of the
opposition challenged this policy in court, claiming that TTT
had violated his constitutional right of freedom of speech.

The court found in the complainant's favor, but TTT appealed,
and in 1985 the decision was overturned. TTT has maintained
its policy on political broadcasts pending further court
hearings. The Government is also allotted a specific amount
of broadcast time for nonpolitical , informational programing.
The opposition has alleged that government ministers misuse
this time for political broadcasts. The Government has failed
to act on a longstanding application by
a group of businessmen to start a second television station.

Trinidad and Tobago has two radio stations, one government
owned and one privately owned. Both currently are operating
without licenses while the Government develops a
telecommunications policy that establishes the conditions
under which all broadcasting media will operate in the future.

b. Freedom of Peaceful Assembly and Association

These freedoms are protected by law and respected in
practice. Permits are required in advance for marches,
demonstrations, or other public meetings. These are normally
granted, including to critics of the Government.

The Constitution protects the right of workers to organize and
bargain collectively, and this right is freely exercised.
Approximately 27 percent of the workforce are organized into
more than 25 major labor unions and numerous smaller ones.
The unions are independent of government or party control and
effectively represent their members. Most unions are grouped
into two labor congresses, one of them associated with the
International Confederation of Free Trade Unions and the other
with the World Federation of Trade Unions. Workers are
permitted to strike, and employers to engage in lockouts.

642

TRINIDAD AND TOBAGO

The Ministry of Labour acts as an impartial mediator in
collective bargaining impasses. If mediation by the Ministry
fails and the parties agree, the dispute may be certified as
unresolved and referred to the Industrial Court, part of the
independent judiciary, for a binding decision.

c. Freedom of Religion

The right to practice one's religion is guaranteed by the
Constitution and respected in practice. There is no state
religion and no religious test for public office. There are
large, organized groups of Christians, Hindus, and Moslems.
These and other religious groups are allowed to maintain
associations with organizations and individuals in other
countries. Religious groups are free to travel, establish
places of worship, and publish religious material.
Missionaries are freely permitted and allowed to proselytize.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on travel either within or outside
the country.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Trinidad and Tobago's people choose their government in free
general elections held, as reguired by the Constitution, at
intervals not to exceed 5 years. Trinidad and Tobago is
governed by a bicameral Parliament; its 36-member House of
Representatives is elected, and a 31-member Senate whose
members are appointed by the President — 16 on the advice of
the governing party, 6 on the advice of the opposition, and 9
at the President's discretion. The head of government is the
Prime Minister, who is the leader of the majority party in the
House. The head of state is the President, who is elected by
Parliament. Numerous opposition parties have contested every
general election since independence in 1956, except that of
1971 when the opposition chose not to participate. Several
opposition parties combined to form the National Alliance for
Reconstruction (NAR) in 1985. The NAR won 33 of 36 seats in
the House in the December 1986 elections.

In 1986 the independent Elections and Boundaries Commission
(EBC), headed by a former Chief Justice, completed a
comprehensive updating of the country's voter registration
lists and realigned a number of parliamentary constituencies.
The various political parties consider the EBC report to be
fair and unbiased. The Constitution allows Commonwealth
citizens who are legal residents and at least 18 years of age
to vote.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Trinidad and Tobago has not been the subject of international
human rights investigations to date. An Amnesty International
representative responsible for the Caribbean region regularly
visits the country and meets with government officials. Apart
from the judiciary, which acts on legal cases involving
alleged human rights violations, the Government has an
ombudsman who can investigate alleged violations of citizens
rights and report the findings to Parliament.

643

TRINIDAD AND TOBAGO

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Members of all major racial and religious groups hold senior
positions in the new Government as they also did in the
previous government. There is no official discrimination in
Trinidad and Tobago, which is a multiracial society. Women
enjoy equality under the law. Many hold positions in the
Government, civil service, political parties, business, and
the professions. Women currently serve in Parliament and as
government ministers. Women's groups publicly speak out and
are heard on all aspects of women's rights.

CONDITIONS OF LABOR

The law prohibits the employment of children under the age of
12. Children aged 12 to 18 can only work in family
businesses, with the exception of children aged 15 to 18 who
may also be employed by certain industries which the President
has specifically exempted from the law. These restrictions
are respected in practice. There is no minimum wage rate.
However, minimum wages have been set by the Minister of Labour
for three occupations which are considered difficult to
organize into unions: gas station attendants, shop clerks,
and domestic servants.

Occupational health and safety is governed by the 1948
Factories Ordinance Bill, which sets requirements for health
and safety standards in certain industries. Because of
changes in Trinidad and Tobago's industry since 1948, the
Government has proposed a new Occupational Health and Safety
Bill to replace the Factories Ordinance Bill. The legislation
is expected to come before Parliament once the Government has
considered certain proposed alterations. A Severance and
Retrenchment Bill, which became law in 1986, provides improved
severance benefits for laid off workers.

644

URUGUAY

Uruguay ended 12 years of military rule on March 1, 1985, when
it resumed its traditional status as a democracy with a freely
elected executive branch, independent bicameral legislature,
and an autonomous judicial branch. Political life since the
return to democratic rule has continued to be marked by a high
level of political participation by all sectors of the
population and by a vigorous and unrestricted political debate
on the nation's problems. The Parliament, in which President
Julio Maria Sanguinetti ' s Colorado Party holds a plurality,
has resumed its former role in the nation's political life.
The judicial branch has regained its independence, and there
is an ongoing public debate over the need for various reforms
in the legal and judicial systems. Nongovernmental
institutions — such as political parties, the press, labor
unions, and private interest groups — operate freely and
without restriction by the Government.

Uruguay recovered slightly from the effects of a prolonged
economic recession, and its economy showed modest growth in
1986, although inflation continued to be a problem. It
remains one of the more advanced developing countries, with a
complex social security and social welfare system. The
Government is placing increasing emphasis on the private
sector, although state enterprises monopolize key sectors, and
the Government controls prices on some basic items.

There were no credible complaints of human rights violations
in 1986, but public debate continued over how to deal with
military and police personnel accused of human rights
violations before and during the military regime. All former
political prisoners, including those convicted of crimes of
violence as well as some nonpolitical criminals, were
amnestied in 1985. One sector of opinion, supported by the
Government, argued that, in the interests of putting the
country's past behind it, amnesty should also be extended to
accused military and police figures.

A bill introduced by the Colorado Party reflecting this view
was rejected by the Parliament in September, as was a more
stringent Blanco Party draft which would have provided for
some categories of prosecutions. Following a December 1
meeting of the President, the military, and the political
parties, the military high command issued a statement
reaffirming its support for democratic government. The
statement admitted that some excesses may have occurred during
the military's tenure in government, but expressed the opinion
that members of the military should not be held responsible
for acts committed under orders. Subsequent discussions led
to parliamentary approval of a bill which was signed into law
by the President on December 22.

The new law excluded any future prosecutions against military
and police personnel for alleged crimes committed under orders
during the military regime, except for offenses committed for
economic gain. The law assigns to the executive the
responsibility to determine if cases already before the courts
are covered by its provisions; if so, the cases are considered
to be closed. The law also directs the executive to
investigate the fate both of those who disappeared following
arrest and of children presumed kidnaped when their parents
were arrested, and to report the results of its investigation
to complainants within 120 days.

645

URUGUAY

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no cases of political killings reported.

b. Disappearance

There were no cases of disappearance reported. However, local
human rights groups stated that ^0 to 20 persons may have
disappeared during the period 197b-84.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

No credible reports of torture or deliberately inhuman
treatment were reported. There were isolated reports oL
individuals who claimed to have been mistreated by police, but
none of these allegations was substantiated. In at least one
case the accusations were determined to be fraudulent. Local
human rights groups continued to press their concerns about
overcrowding and adverse living conditions in Uruguayan
prisons .

d. Arbitrary Arrest, Detention, or Exile

No cases of arbitrary arrest, detention, or exile were
reported.

Uruguay's 1967 Constitution requires a written warrant for
arrest unless the accused is apprehended in the act of
committing a crime. The Constitution provides the right to a
judicial determination of the legality of detention in which
the detaining authority must explain and justify the legal
grounds for the detention. It also stipulates that a prisoner
has the right to counsel and the right to give a statement
before a judge within 24 hours of detention. The judge must
begin the judicial process within 48 hours of arrest. In
criminal trials which could result in a penitentiary sentence,
bond is allowed. The death penalty and brutal treatment in
prisons are both prohibited by the Constitution, which
specifies that prisons shall be used only for rehabilitation
and reeducation. Military justice can be applied to civilians
only during a state of war or insurrection. These
constitutional safeguards are now in force and are generally
respected. Forced or compulsory labor does not exist.

e. Denial of Fair Public Trial

Full autonomy of the judiciary was restored in 1985, and
military officers who had been appointed by the military regime
to the Supreme Court or the higher Appeals Court retired from
their posts. The law provides, however, for two military
justices on the Supreme Court to participate in cases involving
the military. According to the Constitution, all trials must
be public. Each trial must be opened by a public statement of
the charge by a prosecutor or complainant. Uruguayan legal
tradition calls for judges to hand down decisions on the basis
of written summaries, which are not available to the public.

646

URUGUAY

A parallel military court system exists under the military
justice code. The Parliament will consider revisions to the
code in the future.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution affirms the inviolability of the home, which
is absolute at night and may be entered and searched only with
a legal warrant during the day. Private papers and
correspondence are likewise inviolable unless a legal warrant
has been obtained. These rights are respected. The state-run
telecommunications monopoly is investigating alleged cases of
wiretapping during the military regime. There was no credible
evidence that this practice continued after March 1985.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press is protected by the Constitution.
Newspapers and magazines are published by all sectors of
political opinion, including formerly proscribed organizations
such as the Communist Party and the Tupamaro movement which
conducted campaigns of terrorism in the late 1960 's and early
1970's. Criticism of the Government is tolerated. Academic
freedom and university autonomy are respected. The student
union reestablished itself and held elections in 1985.
Elections for university authorities were also held in that
year. Most professors who were fired by the military regime
for ideological reasons have returned to their positions; the
cases of others are being studied. The mass firings of
professors who were appointed during the military regime
raised objections among rightwing groups and the professors
affected.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly and association are protected by law.
Formerly banned groups such as the Tupamaros are free to
organize and disseminate their opinions. A permit is required
for public marches and demonstrations, obtainable from the
Ministry of the Interior, but such demonstrations occur
without official harassment or intimidation. Citizenship
rights denied to some individuals by the military regime on
the basis of political affiliation and activity have been
fully restored.

The Constitution guarantees the right of workers to organize
freely and encourages the formation of both unions and
arbitration boards. The Interunion Workers Assembly and
National Workers Association which represent most Uruguayan
unions have resumed activity since the return to democracy.
Both in law and in practice, workers have the right to strike
and bargain collectively. The Government supports these rights
and supports legislation that would prohibit the firing of
workers for union activity; it promotes collective bargaining
in which government, management, and labor participate through
salary councils for various sectors of the work force.

Trade and professional organizations which wish to participate
in the general labor movement may do so. All are free to join
international bodies. At present Uruguayan labor is not
affiliated to any of the international labor federations.

647

URUGUAY

c. Freedom of Religion

Religious freedom is constitutionally guaranteed and respected.
Although most Uruguayans are Catholic, missionaries from other
religious groups are not hindered in the exercise of their
calling.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on internal or foreign travel or
emigration. An estimated 300,000 Uruguayans left the country,
voluntarily or otherwise, during the military regime.
Notwithstanding the fact that many left for economic rather
than political reasons, a parliamentary commission on
repatriation is considering ways to aid and encourage those
who wish to return. All prominent political figures exiled by
the military regime have returned to the country.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Uruguay is a multiparty democracy, with mandatory universal
suffrage for those 18 years of age and older. There are no
voting restrictions based on race, sex, religion, or economic
status. The country's major political parties — the Colorado
Party, the Blanco (National) Party and the leftist Broad Front
coalition — have kept their cohesion by allowing each
ideological group within the party to field its own slate of
candidates. National and provincial elections are held
simultaneously every 5 years; the next one is scheduled for
November 1989. There are no women members of the current
Parliament, but several serve as alternates.

Section 4 Governmental Attitudes Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights

Since the return to democratic rule in 1985, Uruguay has not
been a major focus of concern for internationally based human
rights organizations. The Government is open to such
organizations and does not restrict the activities of human
rights investigators. The most prominent local human rights
group is SERPAJ (Peace and Justice Service), a
nondenominational organization supported by several religious
bodies and affiliated with similar groups throughout South
America. Legalized in early 1985 after operating underground
during the last 2 years of the military regime, SERPAJ now
investigates both nonpolitical human rights issues such as
prison conditions, and politically controversial cases
involving death, torture, and disappearance which occurred
during the military regime. The Foro Juvenil (Youth Forum),
which operated openly throughout the last years of military
rule, carries out research on problems encountered by women,
youth, and minorities in Uruguay. Several professional human
rights committees have investigated members accused of
complicity in human rights violations during the military
regime. Committees of the Uruguayan legislature also are
investigating specific cases of human rights violations.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Uruguay has long been one of the most egalitarian countries in
Latin America, with a we 11 -developed welfare system. Racial

648

URUGUAY

or linguistic minorities are statistically few in Uruguay.
While nonwhites are disproportionately represented at the
lower end of the economic scale, they are not victims of
legislated discrimination.

Women in Uruguay have complete equality before the law. They
attend the national university and pursue professional careers
in large numbers. Women serve in the Cabinet, the courts, and
the diplomatic corps at the ambassadorial level. Some barriers
to equality still exist as the result of traditional social
patterns and restricted employment opportunities. Pay is not
always equal for men and women, especially for less skilled
workers in the private sector.

CONDITIONS OF LABOR

For many decades Uruguay has been one of the most advanced
countries in Latin America in terms of worker rights. Child
labor is not permitted by law until the child has obtained a
primary education. Children are generally not employed below
the age of 15, but children of 12 or above can work with
special permits from the government. Dangerous, fatiguing, or
night work, apart from domestic service, cannot be performed
by children under 18, and hours and pay are more strictly
regulated than for adults. Children 16 years of age or over
can sue in court for payment of wages, and the right of child
laborers to dispose of their own wages is mandated by law.
Children working in the informal sector — street vendors,
itinerant laborers and others with no fixed place of
operation — or in agrarian work generally are less strictly
regulated and are lower paid. For adults, the norm is an
8-hour day and 48-hour week.

After 1 year of service, workers are entitled to 10 paid days
of vacation, which increases with additional years of service.
Wages must include a Christmas bonus in addition to paid
vacation. Workers are at least theoretically protected by
minimum wage legislation and laws regulating the health and
safety of working conditions.

649

U. j.OVERScflS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: URUGUAY

1984

1935

1986

I. jCON

A. AID

(SE

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST.-TOTAL..,

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

?P. ASSIST.) ..
R PEACE ,

S ,

3TAL

N $-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV 3 WFP,

EF AGENCY

CON. ASSIST..,

:E CORPS.
COTICS. . .
ER

0.6
0.0
0.6
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.6
0.0
0.6
0.0
0.0
Ob6

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

U.4
0.0

14.4

14.4
0.0

14.4
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

II.MIL. ASSIST.-TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCI^JG....
C.INTL MIL.EO.TRNG. . ..
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.1
0.0
0.1

0.0
0.0
0.1
0.0
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

III. TOTAL rCON. S MIL..

LOANS

GRANTS

0.7
0.0
0.7

0.1
0.0
0.1

14.5

0.0

U.5

OTHER US LOANS...,
EK-IH BAN< LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL ,

167.8

74.5

48.2

1094.7

IB^D

0.0

64.0

4512

551.4

IFC

0.0

8.9

3.0

35.5

lOA

0.0

103

167.8

0.0

481^2

A03

0.0

AFOB

0.0

UNDP

0.0

1.6

■ 0.0

25.7

OHER-UN

0.0

0.0.

0.0

0.9

ee:

0.0

650

VENEZUELA

Venezuela is a republic with an active multiparty democratic
system, free press, strong unions, and an ardent commitment to
democracy. For the past 28 years, power has passed peacefully
between the two major political parties through open elections.

Venezuela has a mixed economy, dominated by the public sector
The state-owned petroleum industry accounts for some 23 percent
of the gross national product, more than any other industry.
Venezuela has experienced economic problems resulting from
declining petroleum revenues, a large foreign debt, and high
governinent expenditures, including debt service. For the past
8 years per capita income has been declining.

Human rights violations, when they occur, tend to be well
publicized and investigated. Venezuela is an active
participant in international human rights forums and is noted
within the Hemisphere as a proponent of civil liberties and
democratic rule. The principal focus of human rights
discussion within Venezuela is on deficiencies, including
allegations of corruption, in the country's overtaxed judicial
system.

Venezuela maintained its good human rights record in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Authorities do not engage in or condone unlawful or arbitrary
killing for political motives, and there were no reports of
such killings. There have been instances of police and
security forces shooting and killing criminal suspects. Such
incidents are investigated when there is reason to believe the
killing was illegal. Perpetrators may be charged with a crime
and prosecuted in the courts.

b. Disappearance

As a matter of policy, police authorities do not abduct,
secretly arrest, or hold people in clandestine confinement.
Reports of police abuse are publicized and investigated.
Investigation of a case in March in which bodies were
discovered in abandoned wells indicated local police
involvement in the secret arrest and summary execution of
chronic criminal offenders. Prosecutors are seeking 26-year
sentences for the three policemen implicated. A congressional
oversight committee is examining this case and related
allegations of police abuse.

Kidnapings for ransom are occasionally reported, especially on
Venezuela's border with Colombia. Some of these may be
attributable to small guerrilla groups from Colombia operating
in western Venezuela.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Venezuelan law prohibits the torture of prisoners; this
prohibition is respected in practice. Constitutional
guarantees of the integrity of the individual are enforced.
Laws prohibiting cruel, inhuman, or degrading treatment or

651

VENEZUELA

punishment are generally respected. Some infractions occur,
however, because of excesses on the part of local law
enforcement officials or inadequate supervision of prison
guards. Prison conditions are spartan, at times very poor, and
overcrowding is a serious problem. Discipline is sometimes
inadequate, and violence by guards against prisoners
occasionally occurs, especially in the more crowded prisons.
Officials responsible for such violence are not known to be
punished. The low educational level and limited training of
many prison guards are contributing factors.

d. Arbitrary Arrest, Detention, or Exile

The right to judicial determination of the legality of
detention is guaranteed by law. Arrested persons legally
cannot be held more than 8 days without formal charges. The
limits are frequently exceeded, however, usually because of
inefficiencies in the legal system.

For example, the case of four persons charged with the bombing
of a Cuban airliner and detained since 1976 has yet to be
concluded. Three remain incarcerated; one escaped prison in
1985. In a preliminary judgment, two of the suspects were
found guilty and the third innocent. All three remain in
prison pending confirmation of the ruling by a higher court.

Illegal immigration, mainly from Colombia, remains a concern
for Venezuelan authorities. Once in police custody, foreign
nationals without documents are frequently held incommunicado
and then deported without legal proceedings.

There is no forced or compulsory labor; unremunerated labor is
prohibited by law.

e. Denial of Fair Public Trial

Fair trial is guaranteed by law and a number of procedural
safeguards are provided. The accused is presumed innocent
until guilt is proved beyond a reasonable doubt. However,
preventative detention is legal and common and accounts for
a large percentage of the prison population awaiting trial.

According to Ministry of Justice officials, approximately
76 percent of the 28,000 persons in prison have not yet been
tried. The same judicial authorities attribute the backlog to
an insufficient number of qualified judges; automatic review
of all lower court decisions by higher courts, which cannot
limit their dockets; and failure to enforce procedural
deadlines at each stage of the legal process. Delays of 2 or
3 years in a normal case are not infrequent. Bail is only
permitted for relatively minor crimes. A Judges Association
study in 1980 revealed that there was one judge for each
180,000 inhabitants in the Caracas area. The extraordinarily
slow pace of justice appears to be a product of the system's
complexity and the formality of criminal trial procedures.
The judicial process is almost exclusively a written one,
reqiairing costly and time-consuming production of voluminous
reports — by judges, attorneys, and witnesses — at every stage.

The civilian judiciary is independent but connections to the
two major political parties are important in the judicial
selection process. The Judicial Council, an independent body
responsible for the training, nomination, and disciplining of
judges, actively investigates allegations of inappropriate
conduct and has taken severe disciplinary action in a number

652

VENEZUELA

of cases. The Government is aware that improvement of the
judicial system is necessary to increase public confidence in
the courts. Civilians charged with armed subversion are tried
by military courts. These persons — numbering several dozen —
are considered insurgents by the Government; there is no
enforceable time limit on military adjudication of their cases.

f . Arbitrary Interference with Privacy, Family, Home or
Correspondence

The Constitution and law provide safeguards against arbitrary
interference with privacy, family, home, or correspondence.
These safeguards are honored in practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Venezuela has a free and lively press; journalists frequently
criticize the Government and denounce instances of government
interference in the media. The Inter-American Press
Association (lAPA), however, recently reprimanded the
Government for allegedly intimidating El Diario de Caracas
(EDO for its investigative reporting and critical commentary.
lAPA published an open letter to the Government to protest what
it claimed were restrictions on the freedom of the press.
Echoing complaints registered by journalists before a
Venezuelan congressional committee, lAPA held Venezuelan
authorities responsible for the suspension of radio programs
and newspaper columns and judicial intimidation of journalists,
including the jailing of the EDC editor Rodolfo Schmidt on
charges of defamation.

Venezuela has 3 nationwide television networks, a regional
television station, over 156 radio stations, and numerous
newspapers and magazines. The current administration's plans
to invest in a newsprint plant have raised fears of enhanced
government influence on Venezuela's privately owned print
media. The Government currently subsidizes newsprint
consumption through preferential exchange control and is a
source of advertising revenue for the media. There is no
evidence it has used economic measures to influence the press.

Professional and academic associations operate without
interference .

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is respected.
Public meetings, including those of all political parties, are
held without interference. In the interest of public safety,
permits are required for public marches.

An object of "special protection" under the Constitution, labor
unions are free, independent, and powerful. They have the
right to strike and to bargain collectively. Unions associate
with the recognized public and private international bodies in
their fields. The Conf ederacion de Trabaj adores de Venezuela,
an affiliate of the International Confederation of Free Trade
Unions, dominates organized labor in Venezuela and has close
ties to the ruling Accion Democratica party. Other
confederations occupy a lesser role on the labor scene.

653

VENEZUELA

c. Freedom of Religion

The population is overwhelmingly Roman Catholic, although
other religious groups enjoy freedom of worship and
proselytize actively. A number of Protestant evangelical
groups in remote areas of Venezuela are performing
humanitarian as well as missionary work among the local
population.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Citizens of Venezuela generally have freedom to travel within
the country, abroad, and to return. Travel in the Amazon
military zone is an exception and requires a special permit
for security reasons. Venezuelans may emigrate without
interference.

Citizenship can be renounced. Recovery of nationality
requires a residence period of 2 years for Venezuelan-born
repatriates. The Constitution provides for revocation of
citizenship for naturalized citizens on specific and limited
legal grounds.

Venezuela has traditionally been a haven for refugees and
displaced persons from many European and Latin American
countries. Refugees are given normal residence status and can
be expelled only for criminal activities. A special family
reunification program exists for Cuban refugees living in
Venezuela. In September Venezuela acceded to the United
Nations Protocol Relating to the Status of Refugees.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Government is freely elected. As a multiparty democracy,
the political process is open to all; opposition views are
freely expressed and persons from the entire political
spectrum contend for positions ranging from municipal council
seats to the nation's presidency. Some of the minor parties
are outgrowths of former guerrilla organizations, and they
currently hold about seven percent of the seats in the
national legislature. The two major centrist parties. Social
Democratic and Social Christian, encourage and support
participation of minority parties in the political process.
This support reflects a widespread desire to have radical
elements participate in the electoral process rather than
engage in armed insurrection. These minor, mainly leftist,
parties have been unable to win the electoral sympathies of
voters and have, therefore, been unable to increase their
percentage of representatives in the national legislature.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Venezuela is a vocal critic of governments that commit or
tolerate widespread human rights violations. It supports
international human rights organizations. Amnesty
International and the Latin American Foundation for Human
Rights and Social Development have offices in Caracas.
Venezuela is a member of the U.N. Human Rights Commission.

654

VENEZUELA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There is no evidence that economic and social needs and
cultural aspirations are denied on a discriminatory basis to
any portion of the population.

The Constitution prohibits discrimination on the basis of sex
and accords women and children "special protection" in the
workplace. Women workers receive extensive maternity leave
benefits, and laws limit their amount of involuntary overtime.
Women are heavily represented in many of the professions but
continue to be underrepresented in the political and economic
sectors. Differences still exist between men and women in
wage and employment opportunities.

Women are increasingly active in all political parties,
professions, public administration, and the judiciary. Two
ministers of state are women, and 11 were elected to the
200-member Charober of Deputies.

Restrictions on property rights based on sex, religion, or
social status do not exist, but there are some restrictions on
ownership of business property based on nationality.

CONDITIONS OF LABOR

The legal minimum age for employment is 14, with certain other
restrictions applying. The Government establishes a minimum
wage. The workday is 8 hours, and the workweek 48 for workers
over 16.

A complete overhaul of the industrial safety statutes was
passed by Congress in September. In practice, enforcement of
occupational safety regulations is inconsistent due to the
lack of enforcement resources nationwide.

655

U.S.OV.ERSE&S

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRT: VENEZUELA

1934

1935

1986

I. 5C0N

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER =

OANS

RANT

PEA

NAR

OTH

°P. ASSIST.) ..
R PEACE

OTAL

H t-LOANS

FOR. CURR

TOTAL

.EC.DEV a WFP,

5F AGENCY

CON. ASSIST...

CE CORPS,
COTICS..
ER ,

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING.,
;.INTL MIL.EO.TRNIG. .
D.TRAN-cXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. 5 MIL,

LOANS ,

GRANTS ,

0.4

0.8

0.1

0.0

0.4

0.3

0.1

0.0

O.D

0.0

0.4

0.8

0.1

0.0

0.4

0.8

0.1

0.3

0.0

3.0

0.0

0.4

0.8

0.1

0.0

0.1

0.0

3.1

0.1

0.0

O.D

0.1

0.0

0.4

0.9

0.2

0.0

0.4

0.9

0.2

OTHER US LOANS 0.0

0.0 0.0

EX-IM BAN'^ LOANS 0.3

ALL OTHER 0.0

0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1936

1946-S6

TOTAL

64.8

514.3

Q..0

1220.4

IB^O

0.0

0.3

0.0

348.0

if:

0.0

25.4

IDA

0.0

o,.o

103

64.3

514.0

0.0

808.7

AD3

0.0

0.3

0.0

AFDB

0.0

. 0.0

0.0

UNDP

3.5

0.3

0.0

36.2

OTHER-UN

3.0

0.0

2.1

EEC

3.0

0.0

656

EAST ASIA AND THE PACIFIC

AUSTRALIA

Australia is a longstanding, multiparty, parliamentary
democracy operating within a federal system of government.
The next federal elections must be held before March 1988.

Australia's developed industrial economy, with important
mining and agricultural sectors, provides most Australians
with a high per capita income. Furthermore, the Government
provides assistance for the minority of relatively
disadvantaged citizens. Individuals are free to hold private
property, to pursue their economic interests, and to organize
trade unions.

Australia has been in the forefront of those countries
promoting human rights both domestically and internationally.
Fundamental human rights are guaranteed by law and respected
in practice. The Government makes a major effort to
investigate reports of discrimination. Protection of the
rights of Australia's approximately 180,000 Aboriginals is a
demonstrated concern of the Government, which recognizes that
they are the group in Australia most disadvantaged
economically and by societal discrimination, currently and
historically.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political motives by the Government or by
Australian political organizations does not occur.

b. Disappearance

There have been no instances of political disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Australian law prohibits all these practices, and this
prohibition is respected. Prison conditions are good.

d. Arbitrary Arrest, Detention, or Exile

Australian law prohibits arbitrary arrest and imprisonment,
and this prohibition is respected in practice. Australia has
ratified and fully respects International Labor Organization
(ILO) Convention 105 concerning forced labor.

e. Denial of Fair Public Trial

Australian law guarantees the right to both a fair hearing and
a fair public trial with an unimpeded right of counsel. Free
counsel is provided to indigents accused of crimes.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under Australian law and in practice, no search may be
conducted without a judicially issued warrant. Australia is a
nation of liberal political traditions and common law, and the
Government does not interfere with the privacy of family,
home, or correspondence.

657

AUSTRALIA
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press •

A functioning democratic political system, an effective
judiciary, and a large, diverse, and independent press combine
to ensure freedom of speech and the press.

b. Freedom of Peaceful Assembly and Association

While Australia does not have a Bill of Rights, it is a
signatory to the U.N. International Covenant on Civil and
Political Rights, which guarantees freedom of assembly and
expression.

Australian law and practice afford workers great freedom to
establish and to join trade unions, to choose their union
representatives, to formulate union programs, and to be
represented in negotiating the prevention and settlement of
disputes with employers. Unions are extremely active and
powerful. Industrial disputes are arbitrated by a system of
industrial courts.

c. Freedom of Religion

There is complete freedom of religion. A provision in the
Constitution precludes the adoption of an official state
religion. Australians are free to practice what religion they
choose and to maintain links with coreligionists abroad.

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within or outside of
Australia, including the right of emigration and repatriation.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Australians participate in their government by electing a
two-chamber Federal Parliament as well as numerous state and
local bodies. Voting is compulsory in general elections for
Australians 18 years of age and over.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

It is the Government's policy to respond to any communication
it might receive from the United Nations alleging any
violation of human rights in Australia. The Government also
allows unimpeded access to all international and
nongovernmental groups investigating alleged human rights
violations .

Internationally, Australia has been active in promoting human
rights as a member of the United Nations Human Rights
Commission, the United Nations Working Group on Indigenous
Populations, and in other forums.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Australia's people have equal access to government services
without reference to race, sex, religion, language, or social

658

AUSTRALIA

Status. Basic food, shelter, health care, education, and
social security benefits are guaranteed for all. Australian
law prohibits discrimination on grounds of race, color,
descent, or national or ethnic origin under the Racial
Discrimination Act of 1975.

The Government acknowledges that the Aboriginal population is
the most disadvi^ntaged group in such areas as education,
housing, health, and employment. It has a broad range of
programs aimed at providing Aboriginals services available to
other Australians, plus additional services to improve their
socioeconomic conditions. Aboriginal land rights remain a
controversial issue. The present Federal Government is
committed to some form of land rights justice, preferably
implemented by state legislation. It does not intend to
proceed with national land rights legislation at this time.

The Sex Discrimination Act of 1984 prohibits discrimination on
the basis of sex, marital status, or pregnancy.

CONDITIONS OF LABOR

Australia has long had a tradition that workers should be
guaranteed a decent standard of living. The minimum wage is
reviewed every 6 months by the Federal Arbitration and
Conciliation Commission with this in mind. A complex body of
regulations and Commission decisions prescribes the 40-hour
(often 38-hour) week, paid vacations, and health and safety
standards in the workplace, as well as other benefits, for the
overwhelming majority of Australian workers. Australia is in
the forefront of countries adopting regulations protecting
children from dangerous or unsuitable employment.

Women constitute 39.5 percent of the Australian work force.
Although women are beginning to enter jobs previously occupied
only by men, they remain concentrated in a narrow range of
occupations predominantly occupied by females, characterized
by relatively low pay and low status. In 1986 the Government
passed affirmative action legislation obliging employers to
take corrective action where there is underrepresentation of
women employees.

659

BRUNEI

Brunei is a small, wealthy. Islamic monarchy located on the
north coast of Borneo. Although there are substantial Chinese
and other minorities, it is predominantly Malay in
population. Brunei is a hereditary and traditional Sultanate
that has been ruled by the same family for over 500 years. A
British-protected state until January 1, 1984, Brunei has been
internally self-governing since 1959.

A Constitution promulgated in 1959 provided for the first
sharing of political power by the Sultan, who since
independence has been advised by a Council of Ministers.
The Constitution, however, permits the Sultan to override the
decisions of legislative and executive bodies in most
instances. In elections for a legislative council in 1962, a
party opposed to policies of the Sultan won a large majority;
tensions over policy differences led to an armed uprising in
December 1962 that was quickly put down by British troops.
The Sultan then invoked an article of the Constitution
allowing him to assume emergency powers for 2 years. This
state of emergency has been renewed every 2 years and is still
in force. Although the Constitution is not suspended, the
state of emergency allows the Sultan great latitude in ruling
by orders. These orders have in effect suspended certain
articles of the Constitution.

Since 1962 there have been no disturbances or agitation in
Brunei. Economic factors have much to do with the prevailing
general sense of well-being. Relative to its small population
of about 220,000 people, Brunei produces substantial amounts
of petroleum, roughly 160,000 barrels of crude oil per day
plus slightly over 5 million tons of liquified natural gas
(LNG) per year. It has one of the highest per capita gross
domestic products in the world. The oil and LNG revenues
enable the Government to provide free medical care, schools,
and free university training. A large proportion of the Malay
population is employed by the Government at generous salaries
which permit a higher standard of living than in surrounding
countries. Government employees are also eligible for
low-interest or no-interest loans to purchase homes,
automobiles, and appliances. The nation's other large
employer, Brunei Shell Petroleum, provides comparable
benefits. Brunei has no income tax.

The human rights situation in Brunei in 1986 remained
essentially unchanged.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known instances of politically motivated
killings .

b. Disappearance

There were no known disappearances nor was there evidence of
persons having been abducted, secretly arrested, or
clandestinely detained.

660

BRUNEI

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no known instances of people having been subjected
to torture or cruel, inhuman, or degrading treatment or
punishment. Prison conditions are good.

d. Arbitrary Arrest, Detention, or Exile

There were no allegations or known instances of people
detained, punished, or tried for the expression of views
critical of or different from those of the Government in 1986
or any recent year. Six detainees from the insurrection of
1962 and from the mid-1970 's were released during the year,
but it is estimated that as many as five may still be held.
Several leaders of the 1962 insurrection live abroad. They
have not been sentenced to exile, a punishment that is not
practiced in Brunei, but may still fear that they would be
imprisoned if they should return home. Detention conditions
for detainees are modern and comfortable.

Brunei does not permit forced or compulsory labor and there
have been no reports of this practice.

e. Denial of Fair Public Trial

The legal system in Brunei is in most respects derived from
the British system. Those suspected of common crimes are
detained, tried, and punished according to the law. Lacking a
senior judiciary of its own, the Brunei High Court has for its
Chief Justice a British judge seconded from. Hong Kong. There
were no known instances of interference with the judiciary by
the Government in 1986 or in any other recent year.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Although the Government may intrude into the privacy of
individual persons, families, or homes, in practice it does
not do so .

Section 2 Respect for Civil Liberties, Including;

a. Freedom of Speech and Press

Although a political party was organized in 1985 with
government approval, there have been no challenges which would
have tested the Government's degree of tolerance in the
political arena.

Brunei's only television station ^s government owned (two
Malaysian stations can also be received). It consistently
avoids controversial issues, as do the newscasts on local
radio stations. The single weekly newspaper also usually
avoids controversial issues. It may occasionally address
issues embarrassing to the Government, but sometimes
attributes such coverage to the foreign news media.
Distribution of a weekly overseas magazine that once published
articles considered critical of the Government has resumed.

b. Freedom of Peaceful Assembly and Association

The Government permits the formation of associations for many
kinds of private economic, recreational, or other purposes

661

BRUNEI

without interference, but it requires their registration.
There are no reports that registration has been denied by the
Governinent . In May 1985, the Government allowed establishment
of the Brunei National Democratic Party (BNDP), the first
political party since party activity ended in 1967. Just
before its first public meeting, the Government announced that
government employees could not attend party meetings, become
members of political parties, or otherwise engage in organized
political debate. Few members of the public were attracted to
the party's launching assembly (the local press reported fewer
than 100 people attended) and the longer term prospects of the
party are unclear. There have been no other known instances
of government interference with party membership drives.
Party officials, in conversations with the foreign press, have
outlined clearly their objectives.

c. Freedom of Religion

Islam is the official state religion, but the Constitution
guarantees freedom of worship for other religions and this
right is freely exercised.

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on freedom of movement in the
country or abroad for its citizens. Brunei has not been
willing to accept refugees.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Under the continuing state of emergency there are no
representative bodies at the national or local level.
Citizens can effect changes in government only by working
through appointed village headmen and district officers, who
meet regularly with their constituents.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no chapters of Amnesty International or other
organizations concerned with human rights in Brunei.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The status of women in Brunei is similiar to that in
surrounding countries. Women are not under legal pressure to
observe strict Muslim standards of dress, although most Muslim
women do observe these standards. Non-Muslim women generally
dress conservatively. Women are widely employed in the
Government, primarily in clerical and secretarial positions.
A few hold professional senior level positions.

The great majority of the substantial Chinese minority in
Brunei are not citizens (those having no claims to other
nationalities were "British-protected persons" prior to
independence and are now either stateless permanent or
temporary residents) . Many of the Chinese are temporary
residents from other countries and some of these have been in
Brunei for many years. In general, the Chinese community has
prospered in Brunei and much of the country's commercial
activity is in Chinese hands.

662

BRUNEI

CONDITIONS OF LABOR

Working conditions are subject to inspection by the Labor
Commission on several types of occasions; routinely, annually,
at the time of immigrant worker quota renewal, and in response
to complaints. These inspections concern adherence to minimum
safety and health standards and compliance with compensation
plans as filed with the Labor Commission. Brunei does not
have a minimum wage law, but the Labor Department determines a
"prevailing wage" for each worker category. Employers are
required to pay at least the prevailing wage to obtain
approval for a worker quota. In practice, given the shortage
of labor, market forces allow most citizens of Brunei to
command wages above prevailing wage rates. Employment of
children below the age of 16 is prohibited, and below the age
of 18 requires the written consent of the child's parent or
guardian and approval of the Labor Commission. However, older
children often help out with a family enterprise when school
is not in session. Another restriction is that women under 18
may not work at night or on offshore oil platforms. Work in
excess of 48 hours requires payment of overtime. Double time
must be paid for work performed on legal holidays.

663

BURMA

The Socialist Republic of the Union of Burma is a one-party,
authoritarian state whose leaders come from a narrow elite
within the military. The ruling Burma Socialist Program Party
(BSPP) parallels and dominates the Government. It is
subordinate to its chairman, U Ne Win, who commanded the army
when he took power in a 1962 coup. The 1974 Constitution
established the framework of Burma's one-party Government,
recognized the BSPP as the sole legal political party, and
gave it responsibility to "lead the state." The Government is
headed by a 29-member Council of State whose chairman, U San
Yu, is ex-officio President of Burma. A unicameral National
Assembly consisting of 489 members elected for 4-year terms is
the titular source of all power in the state. Candidates for
election to the various levels of state administration are
nominated by the party and run unopposed, though they can be
defeated by a negative vote. Nonparty members are permitted
to run for the Assembly and local "peoples' councils" (the
basic unit of local administration), but candidates must be
approved by the BSPP. Opposition political groups are banned
and public criticism of the Government is not tolerated.

A 1975 ant i subversion law codified the wide discretionary
powers of government security agencies. Besides several
government organizations charged with state security, each
local people's council has its own security committee with
block and neighborhood wardens. In addition, the BSPP has a
system of local informants.

Since the early 1960 's, the Government has been trying to
build a centrally planned economic system under an ideological
program kno^^m as the "Burmese Way to Socialism." Most
significant economic enterprises are government owned. For
many years, the Government pursued a rigid policy of economic
self-sufficiency. The Government recently has tempered its
doctrinaire socialism with some pragmatic economic measures,
including greater tolerance of the private sector and
acceptance of foreign grant and loan capital. However,
statistically, Burma remains among the world's least developed
countries. Although the State retains ultimate rights to all
land and natural resources, the right to own property is
recognized by the Constitution and respected in practice.

An important factor affecting the human rights situation
continues to be the widespread insurgencies. Dozens of
different insurgent groups, based primarily on Burma's ethnic
minorities, have been fighting the Government for decades.
Some of these groups are fighting for autonomy or independence
and against what they perceive to be domination by ethnic
Burmans . The Burma Communist Party (BCP) also has been
fighting for nearly 40 years to overthrow the Government. It
and many of the insurgent groups traffic in narcotics to
finance their operations. Some of the groups are in effect
narcotics syndicates with private armies.

There continue to be a number of serious human rights problems
in Burma. Authoritarian control over the political and
economic system essentially is unchanged. Abuses of human
rights by all sides in the insurgencies continue. Persons of
non-Burmese ancestry continue to face elements of
institutionalized discrimination.

66-986 0-87-22

664

BURMA

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Although summary executions are not allowed under the Burmese
judicial system, there were reports that government forces
executed captured prisoners or killed suspected insurgent
supporters during military operations. There also were
frequent credible reports of noncombatant deaths resulting
from military/insurgent clashes.

Some insurgent groups carried out summary executions of
prisoners, opponents, and suspected informers. Attacks by
insurgent groups against civilian targets continued and
included shelling towns, mining trains , kidnaping, and
assassination.

b. Disappearance

There were no specific reports over the past year of people
being abducted, secretly arrested, or held in clandestine
detention by security forces. There is usually no attempt to
conceal common criminal or political/security arrests from
family members, although details about the charges may not be
revealed. Some insurgent groups resorted to abduction as a
political weapon to coerce local inhabitants into cooperation.

c. Torture and Cruel, Inhumane, or Degrading Treatment or
Punishment

Although the Constitution provides that punishment shall not
be in violation of human dignity, and the Government denies
that torture or inhumane treatment is practiced, reports over
the years suggest that the police and other security forces
sometimes use psychological coercion and torture during
investigations in both common criminal and political/security
cases. There were also reports of mistreatment of some
low-level political/security prisoners in regular prison
facilities. Prison conditions are poor as a consequence of
the generally low standard of living, overcrowding, low
government expenditures, and limited staff.

Insurgent groups sometimes employ death threats, beatings, and
other forms of physical and mental coercion against opponents
or villagers who refuse to cooperate with them. There were
reports that insurgent groups tortured captured government
soldiers in the course of gathering information about Burma
army operations.

d. Arbitrary Arrest, Detention, or Exile

There is no provision in Burmese law for a person in detention
to seek a judicial determination of the legality of his
detention. In serious cases involving national security, some
persons may not be formally charged but held in indefinite
detention without trial. In less serious political/security
cases, detention is nominally limited to 180 days, but this
may be extended with Cabinet approval.

In common criminal cases, police may detain suspects up to 24
hours, after which a court order must be sought from competent
judicial authorities. These renewable court orders authorize

665

BURMA

14-day extensions of the detention until charges are formally
brought before a court. Detainees frequently are held
incommunicado during the period of investigation and
interrogation but normally are allowed visitors thereafter.
In August, perhaps as many as 200 persons were arrested for
their involvement with foreigners in various smuggling and
illegal currency activities. A few of these have been
released, but many have not yet been charged. Most are being
detained under the 180-day provision mentioned above.

Refugees and other stateless persons are regarded as illegal
immigrants subject to arrest. If they cannot be repatriated
after serving sentences for illegal entry, they may be
detained indefinitely. The Government is thought to have
under detention several hundred illegal immigrants from a
number of Asian countries. It reportedly is willing to
release those remaining if they are accepted for permanent
resettlement elsewhere.

Burma's Legal Code does not contain any statutory prohibition
of forced labor. The Burma army frequently conscripts
civilian males in the vicinity of military operations
(primarily in areas populated by ethnic minorities) for porter
duty. Some of these porters are killed by mines planted by
insurgents and in military engagements. Insurgent groups also
press-gang villagers into service as recruits or porters.

e. Denial of Fair Public Trial

A 12-member Council of People's Justices (CPJ) exercises
national jurisdiction (on an appellate basis only) and
supervises courts at 3 lower levels. At the lower levels,
justice is administered by three-judge panels. These panels
are elected from a single slate of candidates chosen by the
BSPP. All judges are BSPP members, and a large number are
active or retired military officers. They are untrained in
the law but normally advised by professional legal officers.

The judiciary is not independent of the Government, which can
influence both verdict and sentence, particularly in
political/security cases. Influence, payments, and favors are
often factors in lower court decisions. Tight control through
BSPP channels and the mandatory use of three-judge panels tend
to restrain judicial activism. At the same time, lower court
judges are not always accountable to the CPJ. In March,
discussions in the National Assembly revealed that the CPJ had
had to reissue in 1981, and again in 1985, a 1975 directive to
lower courts on minimum sentences in criminal cases.

The legal code is based upon the British colonial system of
law with an overlay from the present Constitution and other
legal measures imposed by the Government. The Constitution
provides for public trials in most cases, and this practice is
followed in common criminal cases. In political/security
cases, special judiciary committees may be named by the
Council of State. The public normally is not allowed to
attend such trials.

The burden of proof is on the prosecution in both common
criminal and political/security cases. The accused has the
right to counsel in both types of cases and legal counsel is
provided for indigent defendants faced with a possible
sentence of 7 years or more. Normally, defendants can consult
freely and privately with their lawyers. Defendants and their
lawyers also are made aware of the charges and evidence and

666

BURMA

are permitted to submit their own evidence. The verdicts of
civil, security, and military courts may be appealed to the
next higher court up to the Council of State.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

In common criminal cases, police officials are required to
have a valid search warrant or to be accompanied by a member
of the local People's Council at the time of search. Search
warrants are issued by local or state Judges' Committees. In
political/security cases, security forces are not subject to
judicial procedures and usually enter homes without warrants.
In areas of insurgency, forced entry and warrantless searches
are carried out by government security forces and rebel groups
alike. It is widely believed that security personnel monitor
private correspondence and telephone calls. A well-developed
system of neighborhood informers reports on dissent and
criticism of the Government.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There are significant restrictions on freedom of speech and
press in Burma. The Constitution guarantees freedom of
speech, expression, and publication but stipulates that the
exercise of such freedoms should not be "contrary to the
interest of the working people and socialism." In practice,
opposition viewpoints and public criticism of the Government
are not tolerated. Party members can express some views about
economic problems or bureaucratic failures, but outspoken
members can be disciplined or expelled. Anyone criticizing
the Government's leadership in public or private is subject to
arrest, although muted private criticism is usually ignored.

The Government owns and operates the mass media in Burma,
including television, radio, and the six national newspapers.
There are some private periodicals. Newspaper editors are
appointed by the Ministry of Information and editorials must
be approved in advance. Journalists are subject to strict
guidelines as to what can be broadcast or published,
especially on domestic matters. Although subject to prior
review and selection, international news reporting is
generally objective and balanced.

Criticism of government officials is not permitted in the
press, although cartoons and editorials will sometimes
criticize local administration indirectly. All forms of
communications — domestic and imported books and periodicals,
stage plays, motion pictures, and musical recordings — are
subject to government control and censorship. The Government
monitors academic inqiiiry in the social sciences. The
difficulty of obtaining scholarly publications from abroad and
of communicating with foreign scholars impedes academic
research, although there have been improvements in recent
years .

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right of assembly and
association, but only for those organizations permitted by
law. In practice, most legitimate organizations are linked to
the BSPP . BSPP "mass organizations" for workers, peasants,
and youth have been established at every administrative

667

BURMA

level. These organizations serve primarily as vehicles for
communicating national policies and implementing government
programs. Opposition political groups are banned, and their
members are subject to arrest. Public meetings must be
sanctioned by the Government.

There is no independent labor movement in Burma. Workers do
not have the right to organize independently, to bargain
collectively, or to strike. The labor force is organized into
BSPP-controlled workers' and peasants' mass organizations.
Most of the leaders of these organizations are party
officials, and the national leadership is made up of ranking
party and government officials. For example, the workers'
organization national chairman is also the Minister for Social
Welfare and Labor, and the peasants' organization chairman is
also the Minister for Agriculture and Forests; both are
members of the BSPP ' s Central Committee.

Labor disputes in both the public and private sectors are
mediated by arbitration boards composed of worker, management,
and government representatives. In practice, these committees
are under the control of the workers' association, and the
BSPP, working through the Government, decides disputes. In
the public sector where workers, management, and government
representatives are all generally party officials, the process
has little meaning. However, in the private sector this
process can provide workers with a real voice. Burma is a
member of the International Labor Organization (ILO). Labor
organizations and other professional associations are
generally not permitted to maintain independent relations with
international private bodies.

c. Freedom of Religion

Burma is a secular state dominated by the Burman ethnic
group. Freedom of religion is guaranteed in the Constitution
and widely observed in practice. The great majority of
Burmese are Buddhist, although there are sizable Christian,
Muslim, and animist minorities based principally in various
minority ethnic groups. While minority religious groups are
allowed to practice freely, some persons of mixed Burman and
ethnic minority ancestry have been known to convert to
Buddhism as a way of strengthening their claim to be
considered ethnic Burmans .

Religious groups can and do maintain links with coreligionists
in other countries, such as with the Vatican in the case of
Catholics. Religious travel such as the Hajj is permitted and
in some cases subsidized by the Government. Foreign religious
representatives are usually allowed only tourist visas and are
not permitted to preach or proselytize, although a few foreign
missionaries who are longtime residents of Burma have been
permitted to remain and serve their congregations.

All religious organizations are recjuired to register with the
Government. Religious publications are subject to the same
government control and censorship as other publications. On
occasion, the Government has used a nationalization law to
take control of the property of religious organizations. It
continued to try to limit the activities of Buddhist monks,
promulgating new rules governing their behavior in public
places .

668

BURMA

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees Burmese citizens the right to live
anywhere in the country. Except for limitations in areas of
insurgent activity, Burmese citizens can travel freely within
the country but must inform local authorities of their
temporary place of residence. Noncitizens, including persons
born in Burma who hold foreigners' registration cards, must
obtain prior permission to travel.

Legal requirements and bureaucratic procedures cause long
delays in obtaining passports, and the right to emigrate often
is denied. Severe limits are placed on what emigrants are
allowed to take with them. Before traveling abroad, private
citizens normally must reimburse the Government for their
university and professional education and pay income tax in
advance. Persons who retain Burmese citizenship and who left
the country legally are generally allowed to return to visit
relatives. Burma does not recognize dual citizenship:
acquiring citizenship in another country results in the loss
of Burmese citizenship. A 1986 relaxation of procedures
permits overseas resident Burmese citizens who return to Burma
for less than 2 weeks to retain their passports during their
stay in Burma. Previously, all such visitors had to
relinquish their passports and reapply to leave Burma, a
process which took 1 to 2 months. Emigrants wishing to return
permanently are still required to reapply for Burmese
citizenship. In general, those who leave the country
illegally cannot legally return.

Burma does not permit foreign refugees or displaced persons to
resettle or seek safe haven within Burma. The Government
treats persons claiming to be refugees as illegal immigrants
and incarcerates them.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Burma has an authoritarian, one-party system in which
leadership is essentially drawn from a small elite within the
military officer corps. All government institutions and other
organizations in Burma are subordinate to the guidance of the
ruling BSPP. The party in turn follows the leadership of
Chairman U Ne Win, who has personally ruled and guided the
formulation and execution of national policy for the last two
decades .

Ethnic Burmans dominate the political system although the
party seeks to expand participation by Burmese ethnic
minorities. Women are underrepresented both in the Government
and in the Party relative to their percentage of the general
population.

Political opposition is not tolerated, and opposition
political parties are illegal. The BSPP is used to mobilize
popular support behind decisions of the leadership rather than
as a vehicle to express the individual or group opinions of
the members. The party chooses a single slate of candidates
for government offices. Although party nominees run
unopposed, they must receive 50 percent of the vote to be
elected. In party and governmental decisionmaking assemblies,
votes are almost always unanimous.

669

BURMA

Party candidates generally win elections at state and division
levels. But at the township levels and below, several
thousand party candidates have not been elected recently, and
many who were elected barely met the 50 percent vote
requirement. If the electorate refuses party candidates three
times, party candidates from outside the district are brought
in. However, when such plans are announced, the township
usually opts for local party candidates over outsiders.

Under the 1982 citizenship law, ethnic Burmese, including
indigenous minorities, enjoy advantages that are not available
to immigrants and their immediate descendants. The law
significantly limits the political rights of immigrants
(primarily ethnic Chinese and Indians) whose parents or
grandparents are not citizens. Full citizenship is conferred
only on those whose ancestors lived in Burma prior to the
first Anglo-Burman war in 1824.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Burmese Government does not permit investigations of its
human rights practices, nor is it willing to discuss human
rights problems with outside governmental or nongovernmental
organizations. The Government has permitted visits by U.N.
organizations such as the ILO and the Office of the United
Nations Commissioner for Refugees (UNHCR) to discuss a few
specific issues. No Burmese organization, governmental or
private, monitors the human rights situation in Burma, ncr
does Burma actively participate in international or regional
human rights bodies.

Section 5 Discrimination Based on Race, Sex, Religion
Language, or Social Status

Burma's numerous ethnic minorities have their own distinct
cultures and languages, and many of the minority groups have
historically resisted assimilation. Economic development
among minorities has lagged, and many still live at the
subsistence level. This is due in part to geographic factors
which impede economic development in rugged, isolated ethnic
minority-populated border areas. Burma's chronic
insurgencies, many of which are based on ethnic minority
groups' perceptions of Burman dominance of the country at the
expense of the minorities, also play a large role in lagging
economic development. Minorities are underrepresented in the
BSPP and Government, are largely excluded from the military
leadership, and sometimes suffer other forms of
discrimination. Persons of nonethnic Burmese ancestry,
primarily Indians and Chinese, while denied full citizenship
status and excluded from party or government positions,
continue to play an important role in the economy.

Women in Burma have distinct social roles, which vary with
their cultural traditions and ethnic backgrounds. In general,
Burmese women enjoy most of the same legal rights as men.
They keep their own names after marriage, are active in trade,
and often control family finances. There are few women in the
senior ranks of government service, although younger women are
entering universities and the civil service in increasingly
large numbers.

670

BURMA

CONDITIONS OF LABOR

Burma is continuing to revise and update its labor laws. At
present the minimum age for workers is 15. There is a 5-day,
35-hour workweek for employees in the public sector and a
6-day, 44-hour workweek for private and parastate sector
employees, with overtime pay for additional work. Workers
have 21 paid holidays a year, and there are numerous legal
provisions to protect workers' health and safety. The minimum
legal wage is about 75 cents per day. In the private sector
the minimum wage law applies only to cheroot-rolling plants
and rice mills. The gap between legal provisions and actual
conditions can vary widely, with government entities and
government corporate enterprises coming closest to the legal
standards. The Law Commission of the National Assembly has
under consideration legislation toncerning ILO Conventions 17
(workers' compensation) and 52 (hours of work). Because the
Commission has a large backlog of work, it is not expected to
consider this legislation or send it on to the Assembly any
time soon.

671

U. S.OVfRScaS

-LOANS AND GR4NTS- OBLIGATIOMS aND LOaN AUTHORIZATIONS
(U.S. FISCAL rEARS - iMILLIONS OF DOLLARS)

COUNTRY;

19Si

1935

1986

I.5C0N.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST
AM3. . . .
ANTS. . .

OTAL,

ANS

ANTS ,

.SUPP. ASSIST.) .. ,

FOR PEACE ,

ANS

ANTS

I-TDTAL

. IN $-LOAMS....,
IN FOR. CURR....,

II-TOTAL

lEF.EC.OEV 5 WFP,
ELI:F AGENCY.. .. ,
R ECON. ASSIST.. ,

ANS ,

ANTS

PEACE CORPS

NARCOTICS ,

OTHER

■TOTAL,

II.MIL. ASSIST,

LOANS

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING..
:.INTL MIL.EO.TRNG. .
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON,
LOANS. . . .,
GRANTS...

i MIL,

14.6

20.5

16.2

0.0

14.6

20.5

16.2

12.2

15.0

9.9

0.0

12.2

15.0

9.9

0.0

3.0

0.0

2.4

5.5

6.3

0.0

2.4

5.5

6.3

0.0

2.4

5.5

6.3

0.0

0.1

0.2

0.3

0.0

0.1

0.2

0.3

0.0

0.3

D.O

0.0

0.1

0.2

0.3

0.0

14.7

20.7

16.5

0.0

3.0

0.0

14.7

20.7

16.5

0.3

0.0

OTHER US LOANS....
EX-IM BAN< LOAMS.
ALL OTHER ,

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

133.8

50.7

65.0

1480.1

IB5D

0.0

33.1

IFC

0.0

IDA

54.7

32.3

30.0

727.0

ID3

0.0

AD3

71.6

10.0

35.0

551.0

AFOa

3.0

0.0

■ 0.0

0.0

UNDP

4.5

8.4

0.0

96.3

OTHER-UN

3.0

0.0

72.7

ee:

0.0

672

CAMBODIA

The overriding fact in Cambodia is the ongoing struggle for
control which began in January 1979, when the Vietnamese army
drove the Khmer Rouge Communist regime of Democratic Kampuchea
out of Phnom Penh and installed its own puppet regime, the
so-called People's Republic of Kampuchea (PRK), under former
Khmer Rouge division commander Heng Samrin. Vietnam, through
the Heng Samrin regime, controls most of Cambodia, including
all major cities and towns, by force of arms. Widespread
abuses of human rights in Cambodia stem largely from the
occupation presence of at least 10 Vietnamese army divisions
and a country-wide civil-military control apparatus which
maintain the Heng Samrin regime in power. This control is
challenged by a three-part Khmer resistance movement, the
Coalition Government of Democratic Kampuchea (CGDK), which
holds Cambodia's seat at the U.N. During the 1984-85 dry
season, the Vietnamese army overran the main resistance bases
close to the Thai border. Subsequently, the resistance began
to implement a guerrilla strategy and to conduct operations
throughout Cambodia.

Vietnam has attempted to develop political and economic
institutions following the Vietnamese model in the areas under
its control. Power is restricted to the Communist Kampuchean
People's Revolutionary Party (KPRP), which is dominated by the
Communist Party of Vietnam. Vietnam seeks popular support for
the Heng Samrin regime and acceptance of its own military
occupation by highlighting the brutality of the former Khmer
Rouge regime and warning that the Khmer Rouge would return to
power if Vietnamese troops left Cambodia. Vietnam has
declared that by 1990 the process of institution-building
within the Heng Samrin regime would be completed and the
Vietnamese army would leave Cambodia. However, the growing
dissatisfaction with Vietnamese control and increasingly
effective resistance to Vietnamese occupation make it unlikely
that the Heng Samrin regime will be able to sustain itself
without Vietnamese troops for the foreseeable future.

The CGDK was formed in 1982, when two non-Communist resistance
(NCR) groups joined with the Khmer Rouge, which now has
between 40,000 and 50,000 armed men. While in power from
1975-1979, the Khmer Rouge compiled one of the worst records
of human rights violations in history as a result of a
thorough and brutal attempt at restructuring Khmer society.
The number of Khmer who died as a result of such policies was
probably at least 1 million. Since their overthrow by
Vietnam, the Khmer Rouge claim to have abandoned their radical
ideology. They are attempting to gain the favor of the Khmer
people by public support for traditional institutions such as
Buddhism and by publicizing their links with the popular
former ruler. Prince Sihanouk.

In an attempt to achieve international respect, the Khmer
Rouge formally dissolved the Communist Party of Kampuchea in
1981, and Khmer Rouge strongman Pol Pot purportedly "retired"
to an advisory role in 1985. However, the Khmer Rouge top
leadership remains in place. A number of recent incidents
have been reported in which the Khmer Rouge acted with great
brutality and no reliable evidence exists that they have given
up their ultimate goal of regaining power in Cambodia.

The Khmer People's National Liberation Front (KPNLF), which
reports approximately 14,000 men under arms, is the larger of
the two NCR groups. It is led by former Prime Minister Son
Sann and espouses parliamentary ideals of government. It was

673

CAMBODIA

formed in 1979 with the merger of several existing NCR groups,
many led by former soldiers from the period of the pre-1975
Khmer Republic. Lack of discipline in the KPNLF ranks
resulted in criminal attacks, extortion, and other crimes
against some Thai villagers and Khmer and Vietnamese refugees
in the Thai-Cambodian border areas.

The other NCR group and the third group in the coalition is
the National United Front for an Independent, Neutral,
Peaceful, and Cooperative Cambodia (FUNCINPEC), headed by
Prince Norodom Sihanouk, who ruled as hereditary king and
later head of state until 1970. The appeal of this
organization centers on the Prince's international stature and
his popularity within Cambodia. The Sihanoukist National Army
(ANS) has approximately 9,000 armed soldiers.

During 1986 systematic violations of human rights continued in
Cambodia, as Vietnam relied on force to maintain its client
regime in power against the popular will. The Vietnamese
continued large-scale forced labor work projects in support of
combat operations in western Cambodia during 1986, in an
attempt to cut off infiltration by the resistance. As a
result, there have been heavy casualties due to mines and
disease, with reports of over 5,000 deaths from disease alone
in 1985. Delegations from the Lawyers Committee for Human
Rights visited resistance-controlled parts of Cambodia in
November 1984 and January-February 1985, conducting in-depth
interviews with over 150 people. Resistance authorities did
not permit them to visit Heng Samr in-controlled areas. The
Committee's report concludes that, "beyond its general and
pervasive control of expression and political thought, the
(PRK) regime has sought to stamp out opposition — both real and
imagined — with a systematic practice of arbitrary arrest,
brutal torture, and indefinite detention under degrading
conditions, at times resulting in death."

The scope of military and paramilitary activity and associated
violence by both Vietnam and the Khmer resistance groups grew
in 1986 as resistance forces increased the geographic spread
of their activities. In their fight against the Vietnamese,
the Khmer Rouge have employed terrorist tactics against Khmer
civilians, including murder and destruction of economic
resources .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Reports of political killing in the Vietnamese-controlled
areas of Cambodia have declined since an intensive
Vietnamese/Heng Samrin internal security campaign against
suspected opponents in 1983. Khmer resistance groups continue
to report instances of Vietnamese and Heng Samrin officials
killing suspects during interrogations. Death in captivity
due to torture or other mistreatment is common, according to
the testimony of former prisoners. The Lawyers Committee also
claimed that KPNLF units had conducted summary executions.

Civilians continued to be killed in 1986 during attacks by the
Khmer Rouge on lines of communication and other economic
targets. Defectors from the Khmer Rouge report that prisoners
in Khmer Rouge jails have been killed by mines while performing

674

CAMBODIA

forced labor, such as transporting supplies for guerrilla
forces in Cambodia. Some former Khmer Rouge believe that
those deaths were intended by the Khmer Rouge. One former
Khmer Rouge military officer who defected in 1985 claimed that
individuals had been executed for marrying without permission.

b. Disappearance

There have been reports that Heng Samrin security officials
have been responsible for the disappearance of persons
suspected of being opponents of the regime. Although most of
those who have disappeared apparently have been imprisoned,
some may have been killed.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Physical torture has been reported both from rural areas and
from Phnom Penh prisons. The Lawyers Committee for Human
Rights reports from its 1984-1985 interviews that persons
suspected of resistance activity are "routinely tortured" in
the early months of detention by Vietnamese and Heng Samrin
officials. According to reports gathered by Amnesty
International in 1986, people suspected of being involved with
the resistance run the highest risk of torture, although
people alleged to have expressed opinions critical of the Heng
Samrin regime's policies or the role of the Vietnamese in the
country are also said to risk torture, as are those thought to
be trying to leave or return from areas under the control of
the resistance. Torture has been reported to take place
throughout the country at facilities under the control of both
the Ministry of Interior (and its subordinate civil police
forces) and the armed forces, including jails run by the
Ministry of Defense in Phnom Penh. Vietnamese "experts" are
reported to have participated in or been present during
torture at these centers, especially those at the provincial
level and above. Such "experts" are also reported to have
tortured political suspects in centers run exclusively by
Vietnamese. These include jails run by their propaganda and
education brigades in the provinces and by the head offices of
their "expert" corps in Phnom Penh.

According to Amnesty International, a variety of different
tortures are reported to have been inflicted on political
suspects detained for interrogation. The most commonly cited
are lengthy and repeated beatings and whippings. Detainees
are said to have been punched and kicked on the body, head and
extremities; struck with pistol and rifle butts, truncheons,
wooden staves with sharpened edges, and bamboo or iron bars;
and whipped with electrical or steel cables, chains, rubber
hoses, or wet gunny sacks. The victim may be tied up during
these assaults or blindfolded and hung upside down from the
ceiling with ropes.

Other reported tortures, inflicted either after or in
conjunction with sustained beatings and whippings, include
near suffocation with plastic or rubber bags, near drowning in
vats of water; application of electric shocks on the ears,
eyes, or extremities; forcing of fish sauce or soapy water up
the nose; blowing of lye powder into the eyes, nose, mouth and
lungs; extended exposure under corrugated iron to intense
heat; and the insertion of nails through the thigh muscle to
the bone. According to a number of reports, suspects have
been threatened with being shot or beaten to death during

675

CAMBODIA

interrogation and have been subjected to mock executions.

Both Amnesty International and the Lawyers Committee note that
detainees undergoing interrogation in centers higher than the
district level are generally held incommunicado in small and
completely lightless solitary confinement cells that are
poorly ventilated and unsanitary. They are constantly
immobilized by shackles on both legs; sometimes they also are
handcuffed. They are allowed no bedding or mosquito netting.
Detainees whose ill-treatment during interrogation is being
intensified are also deprived of food and water to
progressively undermine their physical strength and resistance
to illness. They may not bathe or go outside their cells to
relieve themselves and are permitted no medication or medical
attention.

The aim of this cruel treatment is reportedly to compel
detainees to confess to crimes and to inform on other suspects
or on people considered opponents by the authorities.
Although it is rarely reported that a suspect has been killed
during the actual interrogation, there are frequent reports of
detainees dying during the indefinite period of detention
without charge or trial that usually follows interrogation.
Such deaths reportedly occur even though the torture is over
and conditions have improved. The causes appear to be a
combination of internal injuries sustained during torture,
unattended diseases contracted during or after torture, and
inadequate diet. Suicides also have been reported, as well as
cases of detainees having become insane after torture and
ill-treatment .

After several months of the interrogation phase, detainees are
usually transferred to larger, "daylight cells" which they
share with other prisoners, and eventually to work camps prior
to release. A Heng Samrin security service official who
defected to the border in late 1984 reported that political
prisoners in Phnom Penh were confined in isolation for up to 3
months while being interrogated by the Vietnamese military.
This source claimed that criminal suspects were frequently
beaten and tortured by the Interrogation Bureau of the Heng
Samrin police (the Ministry of Interior). The Lawyers
Committee claims that there are numerous instances of torture
of political detainees by Interior Ministry personnel.

Cambodians who left Khmer Rouge control in late 1984 report
that those who violate minor regulations, for example, by
conducting unauthorized trading, are punished by detention and
forced labor. Those committing more serious offenses, such as
trying to escape from Khmer Rouge control or having
unauthorized contacts with foreigners, have been confined in
underground cells for periods of up to 3 months or forced to
work in dangerous, mine-infested areas. A number of
Vietnamese prisoners who had been in Khmer Rouge hands ended
up in Thailand following Vietnamese attacks on Khmer Rouge
bases in early 1984. Press photographs of the Vietnamese
indicated that they were close to starvation. A group of
Vietnamese captives released by the Khmer Rouge in 1986 also
report being beaten senseless, forced to do hard manual labor,
and forced to fight each other for the amusement of their
captors. However, other Vietnamese captives released during
the year have reported more acceptable treatment by the Khmer
Rouge .

Treatment of Vietnamese and Heng Samrin military prisoners by
the NCR groups generally has been adequate, but there were a

676

CAMBODIA

nijmber of instances in 1986 where Vietnamese and Khmer
civilians arriving at the border were abused and held on the
Cambodian side for extortion, reportedly by undisciplined
elements of the KPNLF. In October 1986, the KPNLF leadership.
Thai authorities, the U.N. , and the International Committee of
the Red Cross (ICRC) cooperated in moving people away from the
main area where these abuses were occurring, bringing those
practices to a temporary halt. Given the nature of the
no-man's land on the Cambodian side of the border, however,
the problem may reappear .

d. Arbitrary Arrest, Detention, or Exile

The authorities often detain, interrogate, and jail resistance
sympathizers for extended periods of time without formal
charges. Separate sections within the Heng Samrin police are
responsible for investigation of activities by the
non-Communist (KPNLF and ANS) and Communist Khmer Rouge
resistance groups. The Ministry of Interior maintains at
least three prisons in Cambodia in which suspected supporters
of the resistance are held without formal charges, often for
periods in excess of 3 years. Provincial police and joint
Vietnamese/Heng Samrin military internal security units
maintain additional detention and interrogation centers.
Regulations of the Heng Samrin regime call for the arrest and
"reeducation" of "any person carrying out propaganda campaigns
to sabotage internal unity and Kampuchea-Laos-Vietnam
solidarity." Such "reeducation" means indefinite detention to
force a change in political values.

Combined with brutal treatment of suspected resistance
collaborators, the Heng Samrin regime also operates an amnesty
program for those resistance soldiers who voluntarily
surrender with their weapons to the regime. According to an
official of the program who defected in 1986, returnees are
debriefed and returned to their home villages. Informers in
the village then determine over a period of time whether the
individual is an authentic defector or still works for the
resistance, in which case he would be rearrested.

There is a virtual absence of legal process under the Heng
Samrin regime for those detained. Detainees are almost never
informed of the charges against them, nor are they given
access to a lawyer or informed of any rights or legal
protections .

During 1986 the Heng Samrin regime officially extended
compulsory military service from 3 years to 5 for men between
the ages of 18 and 30. However, deserters from the Heng
Samrin army say that the tour of duty limits freqiaently are
not observed in practice — one claimed that he was forcibly
conscripted in 1982 and had still not been discharged, nor had
any hope of it, when he deserted to the border in mid-1986.

In Vietnamese-controlled areas, forced labor is common,
although it is not primarily used as a sanction or a means of
racial, social, or other discrimination. The Vietnamese and
the Heng Samrin regime have systematically conscripted Khmer
civilians from throughout Cambodia for work on military-
related projects in or near combat areas along the
Thai-Cambodian border. The numbers of these forced laborers
remained in the tens of thousands during 1986 as they were
organized into paramilitary units in a massive program to
construct physical obstacles to infiltration. They have
suffered frequent loss of life from mines, malaria, and other

677

CAMBODIA

diseases in the remote border areas. Their forced
participation places their lives at risk when Vietnamese or
resistance military actions occur nearby.

The Khmer Rouge also require labor from all persons under
their control and prevent them from leaving, either to return
to areas controlled by the Vietnamese or to join other
resistance groups. Khmer Rouge defectors in 1986 report that
they were forced to carry supplies and ammunition into the
interior of Cambodia in support of military operations,
claiming they were punished if they failed to carry out these
tasks .

e. Denial of Fair Public Trial

Political prisoners under the Heng Samrin regime are regularly
denied the right to trial. Figures on the numbers of
political prisoners in Cambodia are only rough estimates. A
recent arrival at the border who had been held in the main
prison in Phnom Penh estimated the total population to be a
little over 1,000. A second prison. Prey Sar, reportedly
holds approximately 1,000 prisoners, including many political
prisoners. Trapeang Phlong in Kompong Cham Province
reportedly contains about 600 prisoners, who are transferred
there from Phnom Penh and the provinces for the labor
"rehabilitation" phase of their confinement prior to release.
The Lawyers Committee heard testimony that the major jail in
Battambang held 876 prisoners as of March 1984. A former
inmate of the Kompong Som jail reported that in October 1984
it held about 180 prisoners, most of whom had been captured
trying to escape from Cambodia. A former prisoner, who
escaped from the Koh Kong province jail in April 1985,
reported that it held about 120 prisoners, mostly political.

The Lawyers Committee also reported the existence of prisons
run by what it termed the Vietnamese "special branch," such as
the one designated 7708 in Phnom Penh. This is in fact the
designation of 1 of at least 20 propaganda/civic action units
of the Vietnamese army which work with Heng Samrin authorities
in each of the 4 military "fronts" and special zones in
Cambodia to maintain internal security. The Lawyers Committee
estimated that political prisoners number in the thousands
overall .

The Heng Samrin regime has reestablished courts and begun to
develop a legal system. However, trials are used primarily
for purposes of propaganda or public intimidation, with the
verdict already decided. Show trials in 1980 and 1983 were
intended primarily to publicize the "confessions" of the
accused. There are few procedural rights for defendants.
According to a former prisoner who arrived at the Thai border
in 1986 and had gone through a Heng Samrin trial, defendants
are required to memorize carefully and rehearse in advance all
the questions and answers to be presented in court. A 1982
law on court organization provides the right of counsel only
with prior approval of the court. The 1981 Constitution
provides for public trials, but allows for closed sessions.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Heng Samrin authorities search whenever and wherever they
wish. Networks of informers report to the secret police, and
Vietnamese personnel are assigned to monitor all levels of the
Heng Samrin internal security apparatus. Refugees arriving at

678

CAMBODIA

the border in 1986 also report the development of tightly
controlled fortified villages in areas of resistance
activity. Access to these villages is controlled by Heng
Scimrin or Vietnamese troops, and people are forcibly relocated
into them to prevent contact with resistance forces. Heng
Samrin authorities also began in 1986 to require that families
in contested areas account for missing family members.
Failure to explain adequately their absence results in the
assumption that they are with the resistance and the
relocation of the family to a fortified village. There are
also reports that the regime confiscates the majority of rice
and other foodstuffs from villagers in an effort to prevent
cooperation with the resistance.

The Khmer Rouge maintain strict control on the social activity
of those under their control. For instance, they punish
people marrying without permission, having contacts with
foreigners, and listening to unauthorized radio broadcasts.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

In Heng Samrin areas the press and radio are wholly controlled
by Hanoi and its client regime. Criticism of the regime is
not tolerated, nor are foreign books and periodicals
permitted, except those officially distributed. There have
been reports of arrests for listening to foreign radio
broadcasts. A similar situation exists in the Khmer Rouge
camps. The non-Communist groups do not have similar
restrictions .

b. Freedom of Peaceful Assembly and Association

The only associations permitted by the Heng Samrin regime are
those created to support the regime, such as those for
farmers, women, and youth. Organized labor is totally under
the regime's control, and industries have organized branches
of the official "trade union for national salvation."
Collective bargaining is unheard of.

c. Freedom of Religion

When in power in Phnom Penh, the Khmer Rouge disestablished
Buddhism as the state religion. Since being driven from
power, the Khmer Rouge have tried to give the impression of
reform. However, defectors from the Khmer Rouge zone in 1985
report that Buddhism is still discouraged by Khmer Rouge
authorities. Christianity and Islam were even more ruthlessly
suppressed by the Khmer Rouge when they controlled the country
and are not known to have been revived in Khmer Rouge-
controlled areas since.

The Heng Samrin regime has permitted the return of religious
practices, but has not reinstated Buddhism as a state
religion, nor does it actively encourage it. The number of
Buddhist temples (wats) is far fewer today than before 1970,
and there are generally only two to four monks per wat , far
fewer than before the war. It is forbidden for men under 50
year's of age to be ordained. Religious affairs are overseen
by the National United Front for Construction and Defense, the
same government agency that seeks to organize women, youth,
workers, and religious groups to support the state.
Communities which want a wat must apply to the local front
committee for permission. At the second Buddhist Monks'

679

CAMBODIA

Conference in Phnom Penh on July 4, 1984, a resolution was
passed forcing Buddhism into the "two strategic tasks of the
party — namely, to defend the fatherland and build it through
the period of transition step-by-step toward socialism." At
the Fifth Conference of Buddhist Monks on October 3, 1986, PRK
Politburo member Chea Sim praised the contributions of the
Buddhist monks and laymen in Phnom Penh for their
implementation of the party's and state's political line
toward Buddhism. In general, the Heng Samrin authorities
attempt to use Buddhism as one of a number of organizations
for "mass mobilization" to implement party policies.
Christian groups are harassed by the Heng Samrin regime. The
Protestant and Roman Catholic communities in Phnom Penh
reportedly are not authorized to meet. Muslims, most of whom
are ethnic Chams rather than Khmer, have been encouraged by
the Heng Samrin regime to renew their religious community, and
Muslims have spoken out in public in support of the Heng
Samrin regime and against the excesses of the former Khmer
Rouge regime.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Heng Samrin regime tries to control tightly all travel
within the areas under its control. A system of neighborhood
surveillance, modeled after the Vietnamese system, was
introduced in 1981. A system requiring family registration
and identification books was begun in 1980, and in 1983 the
registration effort was placed under the police in each local
administrative unit. Complex regulations govern movement of
families and individuals within Cambodia. Passes are required
for internal movement between villages. Checkpoints are
ubiquitous, and bribes as well as passes are required to pass
them, although checkpoints can often be dodged by avoiding
roads. Only a few top Heng Samrin regime officials travel
cibroad. Other Khmer seeking to leave the country flee to the
Thai border in order to enter U.N. -supported refugee camps in
Thailand. The Heng Samrin regime routinely imprisons those
caught attempting to flee to the border as well as those
believed to be returning from border encampments affiliated
with the CGDK. The Heng Samrin regime has agreed in principle
to accept returning displaced persons from camps in Thailand,
but has taken only one elderly woman so far because it has put
off reaching an agreement with the United Nations High
Commissioner for Refugees (UNHCR) on the mechanics of
repatriation. Most of the Khmer allowed refugee status in
Thailand have been approved for resettlement and departed for
Western countries. Over 20,000 Khmer approved for refugee
status remain at the Khao-i-Dang holding center in Thailand.
Another 247,000 Khmer who have not been accorded refugee
status in Thailand remain as displaced persons in camps on
Thai territory near the border.

The Khmer Rouge also tightly control movement within their
5;one and attempt to prevent the non-Communists from operating
in or crossing what they consider their "liberated areas" in
Cambodia. In one instance in 1984, a group of approximately
500 Khmer escaped from Khmer Rouge control and joined a
non-Communist group. Several smaller groups of Khmer Rouge
escaped to the non-Communists in 1985 and 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Khmer people do not enjoy the fundamental right of

680

CAMBODIA

self-determination. The KPRP, a Party which acknowledges a
serious shortage of men±iers, controls political life in areas
controlled by the Heng Samrin regime. Major policies are
approved by Vietnam, and many day-to-day administrative
decisions, especially in internal security matters, are made
unilaterally by Vietnamese officials. Both Hanoi and Phnom
Penh have rejected any change in the system imposed following
the Vietnamese invasion, calling the situation "irreversible."

Political aspirants in Heng Samrin areas must study the
current political dogm.a, which centers on acceptance of the
Vietnamese explanation for Hanoi's dominant position in
Cambodia. Middle- and high-level Heng Samrin officials must
attend political indoctrination courses taught by Vietnamese
at political schools in Phnom Penh and in Vietnam. Relatively
few Heng Samrin officials are considered reliable by the
Vietnamese. Highest positions of trust are given to Khmer
loyal to Hanoi prior to 1975 followed by pre-1978 defectors
from the Khmer Rouge, other former Khmer Rouge cadre,
non-political "intellectuals" (including many pre-1975 school
teachers), and low-ranking officials of pre-1975 governments,
in that order. While attempting to build an indigenous
Communist Party and government structure in Cambodia, Vietnam
itself maintains complete control. Elections in Heng Samrin
areas do not allow genuine political participation, but rather
are staged by the regime to attempt to demonstrate legitimacy,
and to underscore the relative status of leaders by varying
reported percentages of the "vote." Reports suggest that in
the 1981 national elections, percentages were manipulated and
some victors were named regardless of the number of votes they
received. Vietnamese district level advisors were reliably
reported to have picked candidates for lower level elections.
Although National Assembly members are supposed to serve terms
of 4 years, and the second round of elections should have been
held in 1986, none were held and none are scheduled.

The Khmer Rouge Communist Party of Kampuchea was formally
dissolved in December 1981, but it continues to exist in areas
controlled by the Khmer Rouge. In fact, the party, in which
power is concentrated in the hands of fewer than 10 people,
controls all political, economic, and military life in those
areas. No opposition is possible. Although Pol Pot
purportedly "retired" in 1985, and assumed an advisory
position on national security, defectors from the Khmer Rouge
report that power continues to be held by the pre-1979
leadership.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Human Rights violations in Cambodia have been the subject of
intense international attention since 1978, when the United
Nations Human Rights Commission and its Subcommission on the
Prevention of Discrimination and Protection of Minorities
began investigating the problem. In March 1986, the
Commission adopted the latest in a series of resolutions on
Cambodia. This recognized the continued effectiveness of the
CGDK with Prince Sihanouk as President, reiterated its
"condemnation of persistent occurrence of gross and flagrant
violations of human rights in Kampuchea," and reaffirmed "that
the continuing illegal occupation of Kampuchea by foreign
forces deprives the people of Kampuchea from exercise of their
right to self-determination and constitutes the primary
violation of human rights in Kampuchea at present."

681

CAMBODIA

Authorities in the areas controlled by the Heng Samrin and
Khmer Rouge have not permitted investigation of charges of
human rights violations. In late 1984, the Heng Samrin regime
declined to permit the Lawyers Committee for Human Rights to
visit areas it controls. The Lawyers Committee conducted
another study in 1986 and its findings will be made public.
The Heng Samrin regime and the Khmer Rouge areas have Red
Cross organizations, but neither they nor any other groups in
those areas have a role in the protection of human rights.

The non-Communist camps along the Thai -Cambodian border have a
substantial daytime presence of voluntary and international
organization staff who have intervened to secure better
treatment of minorities, such as Vietnamese refugees among the
Khmer. Representatives from the ICRC have conducted
interviews with prisoners held in KPNLF stockades.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Directives issued by the Heng Samrin regime in 1982 seemed to
accord a privileged status to Vietnamese immigrants vis-a-vis
Khmer residents, and there have been reports of Vietnamese
taking advantage of their privileged status to force Khmer out
of desirable occupations or land. Khmer arriving on the
border in 1986 reported that Vietnamese pressure and
commercial taxes in the cities are continuing to drive out
Khmer and Chinese merchants whose places are being taken by
Vietnamese, who are able to avoid taxation. Regime Circular
351 issued in 1983 specified particular measures against
ethnic Chinese who, according to the circular, are being used
by enemies of the State "to engage in espionage, psychological
warfare, economic warfare; and to spread turmoil in the market
place." Chinese with "questionable family histories" are
encouraged to report to authorities to "clear themselves."
Reports from border travelers indicate that many Vietnamese
have moved into Cambodia to join other returning residents who
had been expelled during the Khmer Republic or Khmer Rouge
periods. Most are traders or fishermen, but a large group of
Vietnamese farmers have settled on rich marshland in Takeo
Province.

CONDITIONS OF LABOR

There is no known minimum age for the employment of children.
No attention appears to have been given by authorities to
ensure acceptable conditions of work, and there is little
information on this subject. Wage scales for the few
industrial and government workers are set by the State and are
universally regarded as insufficient, forcing employees to
supplement their wages in some manner.

682

U.S.OV.ERSEAS -LOANS AND GRANTS" 03LIGATI0NS AND LOAN AUTHORIZATIONS
(U.S. FISCAL IfEARS - MILLIONS OF DOLLARS)

COJNTRY: KAMPUCHEA (CAMBODIA)

1 984

1985

1986

I.ECON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOAMS

GRANTS

(SEC. SUOP. ASSIST.) .. ,

B.FOOO FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL ,

REPAY. IN $-LOANS

PAY. IN FOR. CURR.....

TITLE II-TOTAL

E. RELIEF. EC. DEV J WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST..,

LOANS

GRANTS ,

peace corps

nar:otics

OTHER...

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.ED.TRN5..
O.TRAN-cXCESS STOCK.
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS.. ,

3.3

o.s

0.0

3.3

0.8

0.0

O.D

0.0

3.4

3.3

0.8

0.0

3.3

0.8

0.0

3.3

0.8

0.0

3.3

0.8

0.0

3.0

0.0

3.0

0.0

0.3

0.0

0.3

0.0

3.3

0.3

0.0

3.3

o.s

0.0

OTHER US LOANS....
E)C-IM BANK LOANS.
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-35

TOTAL

2.5

2.0

,0.0

38.4

IBRD

0.0

if:

0.0

IDA

0.0

103

0.0

AD3

0.0

1.7

AFOa

D.O

0.0

, 0.0

0.0

UtJOP

0.0

20.2

OTHER-UN

2.5

2:0

0.0

16.5

EEC

0.0

3.0

683

CHINA

The Chinese Communist Party (CCP) rules the People's Republic
of China (PRC) . A small group of leaders in several key
organizations, including the Politburo and its five-member
Standing Committee, the Military Commission, and the
Secretariat share power within the party. Politburo Standing
Committee member Deng Xiaoping is China's preeminent leader.

Since achieving power in 1949, the CCP has continued China's
long tradition of autocratic rule. The CCP justifies its
leading role by invoking both Marxist-Leninist ideology and
Confucian social ethics. The legal system, abandoned during
the Cultural Revolution, has been resurrected and is being
strengthened. Although the party continues to place important
restrictions on basic political rights and civil liberties
such as freedom of speech, press, and association, some of
these controls have loosened in recent years. The Government
does not tolerate fundamental criticism of the CCP or the
Socialist system. Student demonstrations during December,
however, challenged these prohibitions.

China remains one of the world's poorer developing countries.
As modernization of China's economy has progressed in the
post-Mao period, the leadership has repudiated more and more
aspects of the Soviet economic model, the basis on which it
originally structured China's Socialist economy. Without
changing the fundamental Socialist orientation of the economy
or of the Government, individual and small collective
enterprises have been allowed more leeway to operate, and many
small state-owned enterprises and stores have been contracted
out to individuals to manage. In addition, the rural commune
system has been eliminated, and peasants now farm land leased
from the Government under individually held contracts.

The human rights situation in China improved slightly in 1986,
with some limited progress toward realization of the 1982
Constitution's formal guarantees of individual rights, and
movement toward dispersal of political power within the
Government, which remains subordinate to the party. Although
not relinquishing its decisionmaking power, the party has made
a gesture towards broader participation in the political
process by reinvigoration of the National People's Congress
(NPC) and the Chinese People's Political Consultative
Conference, as well as by holding multiple-candidate elections
to local representative bodies and lower-level congresses.

The concept of the rule of law has a short history in China,
and many Chinese are unfamiliar with, or unaccustomed to, its
operation. During 1986 the Government launched a 5-year
program of universal legal education. High-level officials
and party cadres attended special classes to study law.
Training programs for persons engaged in legal work continued,
and programs to popularize knowledge of laws began to operate.

The Government carries on an extensive family planning program
under provisions in the Constitution, the marriage law, and
various administrative and party rules at national,
provincial, and local levels. Implementation has varied
widely from place to place — strict in the cities, more relaxed
in the countryside where the bulk of the population lives, and
loose in sparsely-populated minority and border areas.
Although official Chinese policy prohibits coercive family
planning, there have been numerous reliable reports in past
years of coercive birth control practices at local levels,
including forced abortions and sterilizations. Another

684

CHINA

apparent result of the Government's effort to limit the
country's birthrate has been the resort by some people in
rural China who desire a male child to the traditional
practice of female infanticide. Recent information, however,
indicates that the number of such cases — always thought to be
small — has declined.

The trend toward greater toleration of religious activities
has continued in 1986. The number of churches, temples, and
mosques conducting religious services has expanded, as has the
availability of religious training. Authorities, however, do
suppress cults and other unofficial institutions as well as
prohibit ties to foreign organizations.

The leadership's policy of opening up to the outside world has
become an integral part of China's evolution towards a less
tightly controlled society. The October 1986 Sixth Party
Plenum confirmed this by declaring it "basic, unalterable
state policy." The Government has made the promotion of
foreign trade and investment a fundamental part of its
modernization drive. Travel and emigration controls have been
loosened significantly in the recent past. Tens of thousands
of Chinese go abroad every year to study, conduct business, or
visit relatives, while millions of overseas Chinese and
hundreds of thousands of other foreigners travel to China.
The party continues to seek to block unwelcome foreign
influences, e.g. rock music and drugs, and party functionaries
continue to monitor contacts with foreigners.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No known government-sanctioned politically motivated killings
occurred, although some deaths resulted from unsanctioned
actions by local officials. A crime suppression campaign
launched in the fall of 1983 continued in 1986, but less
intensively. During this anticrime campaign, the death
penalty has been applied frequently, often without the
opportunity to exercise the constitutional right of appeal to
higher courts. Sources estimate that between 7,000 and 14,000
persons were executed in 1983-86, among whom those known to
have been charged with political crimes were only a small
percentage.

b. Disappearance

There were no reports of persons being abducted or disappearing
at the hands of the security services.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

China's code of criminal procedure specifically prohibits the
use -of torture. However, according to official statistics, of
949 persons illegally detained during the first half of 1986,
140 died or were injured, and torture reportedly was used in
some cases. The willingness of central authorities to allow
public discussion of such cases and take action against the
perpetrators is new and significant. In December China signed
the 1984 United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment.

685

CHINA

To indoctrinate the public and deter crime, the authorities
sometimes subject persons convicted of serious crimes to
public denunciation and humiliation at "mass sentencing
rallies." At these rallies, often attended by thousands of
people (including the families and neighbors of the convicted
persons), the accused are denounced and their sentences
revealed to the crowd. Policemen force prisoners to keep
their heads bowed as a mark of contrition. Such "mass
sentencing rallies" occurred in many places in 1986, with
those sentenced to death often being transported to public
execution grounds afterward.

d. Arbitrary Arrest, Detention, or Exile

Although Chinese law details a series of procedures to be
observed in the handling of suspects, including use of arrest
warrants and time limits for detention during investigation
and trial, these safeguards frequently are ignored in
practice. The illegal detentions referred to in Section I.e.
above fell into three categories: those held by local cadres
(officials), those carried out by police, and those carried
out by persons involved in civil or economic disputes.
Officials maintain that these cases increased 96.5 percent
over the previous half-year period, but it seems more likely
that the incidence has changed less than the willingness of
victims to report violations and of the regime to admit that
abuses occur and to punish the culprits. No provision exists
for preventive detention. Other guarantees in the law include
the right to counsel; however, a defense attorney normally
does not enter a case until after the police and procurator
have finished their investigation and the defendant has been
formally charged.

In July 1984, the NPC Standing Committee approved amendments
extending the period of detention during investigation from
2 to 4 months and the time limit for trials from 1 1/2 to 2 1/2
months. In principle, these changes applied only to "serious"
cases and required that extensions be approved by provincial
procuratorates or courts. The NPC ' s action represented a
probable reduction in the time limits earlier specified by the
provinces. In practice, criminal cases in urban areas
generally are processed well within the time limits. In
remote areas there are provisions to extend time limits if
necessary due to poor communications. The new regulations
also authorized the use of bail for accused persons not
considered "dangerous," but there have been no reports about
its implementation, notwithstanding claims in the Chinese
press that these amendments would "promote human rights."

Sentencing to prison or labor reform usually entails
participation in compulsory labor. Prison and labor reform
camps are expected to be partially self-supporting if not
operating at a profit.

Under "labor education" provisions, those who commit "minor
theft or fraud" or who have been expelled from their work
units may be deprived of their civil liberties and subjected
to "education through labor" for up to 4 years without trial.
This nonjudicial sentencing procedure has been used frequently
against political dissidents. Judgments are handed down by a
public security office in consultation with representatives of
local civil affairs units. The authorities made extensive use
of this provision during the initial phases of the crime
suppression campaign in 1983. In 1985 they continued to
transfer more serious offenders (sentenced to "reform through

686

CHINA

labor") from prisons in coastal areas to labor camps in remote
areas of Xinjiang and Qinghai . Even after they complete their
sentences, most of these prisoners will be denied permission
to return to their homes in east China. In what amounts to a
form of internal exile, they will be assigned jobs and become
permanent residents of these underpopulated regions.

No reliable figures exist for the number of political
prisoners in China. Insufficient data makes an accurate
estimate impossible. The Government denies that it has any
political prisoners and insists that it imprisons only
criminals and "counterrevolutionaries." The latter group
includes some who had no clear political motive in breaking
the law, but whose offenses (such as jailbreak or attacks on
public buildings) the authorities nonetheless classified as
"counterrevolutionary." Counterrevolutionary offenses are
said to constitute about 1 to 3 percent of the number of
criminal offenses. Overall, the number of such prisoners has
dropped since the late 1970 's, through natural attrition and
with the "reversal of verdicts ' (often initiated through
political channels) of hundreds of thousands of persons
sentenced as "counterrevolutionaries" during the Cultural
Revolution. In 1986 cases of individuals accused of being
counterrevolutionaries or having committed crimes of a
political nature before the Cultural Revolution were being
reviewed. Officials indicate that this reevaluation will be
completed before the fall of 1987. There are as yet no public
statistics on the progress of this inquiry, but many cases of
reversals have been publicized.

The total inmate population in labor camps and prisons may
have increased since the beginning of the anticrime campaign,
as tens of thousands of common criminals and persons
considered socially undesirable have been processed through
the courts. Partial figures which have become available
suggest a total prison/labor camp population in the range of 2
million to 5 million, although an estimate at the low end of
the scale seems more plausible.

e. Denial of Fair Public Trial

China's judiciary is nominally independent but in practice
follows party policy. There are presently no standing special
political or security courts.

Most Chinese trials are essentially sentencing hearings where
defense representatives plead clemency for their clients and,
with few exceptions, do not contest their guilt. The trials
are preceded by extensive pretrial investigation carried out
by the Public Security Bureau and/or the Procurator. Courts
assume the guilt of any person brought to trial. There have
been instances, however, where accused persons have
successfully defended their innocence and been released.
Defendants in criminal cases may appeal both verdicts and
sentences to the next higher court. Appeals have resulted in
both stiff er and reduced sentences for the accused.

The criminal procedure code requires that all trials be held
in public, except those involving state secrets, juveniles,
and "personal secrets." In practice, attendance at public
trials requires an admission ticket obtained from
organizations selected by the authorities.

687

CHINA

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Extensive regulation of individual and family life constitutes
one of the distinctive features of the Chinese sociopolitical
system. For most Chinese (particularly the 20 percent of the
population who are urban residents), life revolves around the
work unit, which provides not only employment, but also
housing, ration coupons, permission to marry and have a child,
and other aspects of ordinary life. The unit, along with
personnel in "neighborhood committees," monitors a person's
attitude and behavior and may report suspicious activity to
the authorities. The unit acts as the party's enforcer at the
local level, but its considerable autonomy may also be used to
ignore or obstruct directives from the top. Recent economic
reforms and a central policy of relaxing social controls have
weakened the unit's interference in many aspects of daily
life, however. In rural areas, where political control has
always been more lax, the shift to family farming from
collective farming, for example, has markedly decreased
opportunities for arbitrary interference by local officials.

China's leaders have made family planning a top national
priority. They believe that economic modernization goals will
be unattainable without a low birthrate, particularly given
the current unusually high number of females of childbearing
age, traditionally high Chinese birthrates, and recent medical
advances leading to longer life expectancies. To achieve its
goal of limiting China's population to 1.2 billion in the year
2000, the Government discourages early marriage and promotes
as an ideal a norm of one child per family. A massive,
grassroots effort involving education, contraceptive
counseling, free contraceptive devices, and economic and
social incentives and disincentives supports this policy.

The authorities have instituted various controls on marriage
and childbearing. The minimum age for marriage is 22 for men
and 20 for women, high by world standards but lower than
previous CCP requirements. Each province sets guidelines
(based on central government guidelines) for the desired
number of children to be born during the year. Increasingly,
grounds for waiving the one child rule have been expanded by
provincial authorities, ranging from the birth of a
handicapped baby and employment in particularly hazardous or
undesirable occupations to the birth of a girl on the first
try in some rural areas. In border regions and minority
areas, where population densities are low, governmental
control weak, and traditional attitudes strong, population
growth guidelines are looser, allowing a second and sometimes
third child per family. In some minority areas, such as
Xinjiang, there have been no population planning restraints at
all on minority populations, although Xinjiang is now in the
"propaganda and investigation" stage of implementing a family
planning policy for minorities. In Han Chinese areas,
particularly urban locations, central guidelines generally
have been adhered to more assiduously. Couples who sign a
pledge to have only one child get a number of incentives:
free health care for the child, a 5 percent increase in their
pensions, priority in housing, schooling, and medical
treatment, and a monthly bonus of about US$2. Couples who
insist on having a second child reportedly have the right to
do so in most cases. However, in addition to losing their
monthly bonus, they may be required to repay any money already
received and, in some instances, give up or return other
benefits as well. The rise in rural incomes accompanying

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economic reforms has reduced peasant responsiveness to
economic sanctions. Moreover, employment in small collective
or individual enterprises has weakened further the ability of
agencies to enforce regulations. Local and central officials
state that no permission is necessary for the first child.

Although contrary to announced central government policy, in
previous years significant numbers of those becoming pregnant
without permission were coerced by local officials into having
abortions, sometimes even in the later stages of pregnancy.
Central government authorities have clarified that after the
sixth month of pregnancy abortions should not be performed,
unless the health of the mother is endangered. Reported
instances of family planning malpractice occur for the most
part in less developed rural areas, where local officials have
translated central guidelines into rigid quotas. Chinese
authorities say they take measures against local officials who
violate the Government's policy in this regard, but there have
been few reports of punishment of such offenders. Central
government guidelines for local family planning personnel have
not been made public, nor have the limits, if any, on their
authority. Chinese family planning officials have reiterated
that the Chinese Government does not condone forced abortions
or sterilizations, but admit that coercion, even though
counter to official policy, does occur in some instances. In
1986 high-level Chinese officials spoke out publicly against
coercive practices and abuses in population control work, and
it seems that the incidence of such cases has lessened.
Chinese officials have stated that abortion ends 25-33 percent
of pregnancies.

According to a report in the September 12, 1986 China Legal
News (Zhongguo Fazhi Bao), the Women's Association of Western
Chongqing said that in 1984, 2,800 cases there involved either
the drowning of baby girls or the mistreatment of women who
gave birth to girls. Although the Association did not
distinguish between the two categories, it is believed the
great majority of incidents consisted of the latter type of
abuse. Infanticide is illegal, and the press has published
cases of persons punished for this crime.

Contacts between Chinese and foreigners have increased
considerably in recent years. Whereas Chinese citizens whose
work did not require or permit contact with foreigners have in
the past been warned or detained and questioned if they
persisted in meeting foreign acquaintances, such instances
appear to be rare today. Chinese seem anxious to strike up
conversations with foreigners and often volunteer unorthodox
political views. "English corners," where Chinese and
foreigners can meet to talk in English, attract large numbers
of people. The authorities in principle permit marriages
between foreigners and Chinese but specifically prohibit
Chinese citizens involved in confidential and other
"important" work (such as diplomats and military personnel),
as well as those serving prison sentences, from marrying
foreigners. In practice, romantic liaisons between Chinese
citizens and foreigners are less strongly discouraged than in
the recent past, and cadres are not supposed to interfere if
the parties seem sincere.

The criminal procedure code requires the use of search
warrants for gathering evidence, and they have been presented
in cases involving foreigners. No reliable information exists
on the extent to which this proviso is carried out in
practice. According to the Criminal Procedure Law, if an

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emergency situation should develop when carrying out arrest or
detention, security authorities have the right to enter and
search living premises without warrants or notification.
Several years ago, reports suggested the use of electronic
eavesdropping equipment to monitor suspected political
dissidents. In December the NPC passed China's first postal
service law guaranteeing privacy in written communication and
prohibiting tampering with mail except as permitted by law.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the Constitution guarantees freedom of speech and of
the press, authorities do not permit open criticism of the CCP
or Chinese socialism. Party General Secretary Hu Yaobang
restated the party's policy of carefully controlling the print
and broadcast media in a 1985 speech, when he maintained that
"journalism work is the party's mouthpiece." Balancing this,
a 1986 speech by Party Propaganda Director Zhu Houze
encouraged papers to print the news as they saw it, to become
more lively, and to reflect divergent attitudes. Editorials
and commentaries calling for greater public debate appear
frequently in the press and have been endorsed by top party
leaders. Degrees of control vary from absolute, in the case
of party organs such as the People's Daily, to looser for
publications dealing with nonpolitical topics. In general,
restrictions on freedom of speech and of the press have
relaxed considerably in recent years, particularly since the
Fourth National Writers' Conference of December 1984.

One sign of the increased relaxation in the political
environment has been the appearance in the press of articles
by prominent theorists denounced during the 1983 spiritual
pollution campaign. In mid-1986 an effort to revive the 1957
slogan, "Let a hundred flowers bloom, let a hundred schools of
thought contend" began. This slogan provides ideological
underpinning for limited expression of differing opinions,
while also serving to remind intellectuals of the pitfalls of
taking criticisms beyond permissible bounds.

The Government appointed a new Minister of Culture in 1986
known for his outspoken views in defense of diversity. He
quickly and publicly defended the new line. Nonetheless, the
limits remain clear, and intellectuals are still concerned
about the possible tightening up of restrictions. Officials
canceled a planned art exhibition organized by veterans of the
1979 Democracy Wall Movement as going beyond current bounds.
The Government also closed one play prematurely despite its
evident popularity.

As part of this liberalization policy, the leadership has
permitted greater, albeit still limited, access to various
aspects of foreign culture. Foreign books and artistic works
are still screened by authorities but more are available now
than in past years. Foreign films are shown more frequently,
and visits by foreign artistic groups are more common.
Selected subscribers in universities and other institutions
receive foreign periodicals. Tens of millions of Chinese read
The Reference News, an officially published selection of
largely uncensored translations from the foreign press.
Coverage of foreign news in the open media has become more
extensive and professional. Chinese listen freely to foreign
broadcasts, and many universities use the Voice of America
(VOA) and other foreign radio broadcasts in their language

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courses. In its weekly programing, Chinese television
includes some programs from Western and other countries.
Audiences in some major cities enjoy Chinese-language
renditions of classical and contemporary Western plays.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees freedom of peaceful assembly and
association; in practice, however, the authorities
circumscribe these rights. China has a wide variety and
increasing number of professional and other associations, such
as the All-China Youth Federation, the All-China Women's
Federation, the Chinese Writers' Association, and the
All-China Sports Federation. These groups operate under party
control. The authorities suppress or coopt groups which
attempt to function independently.

China's trade unions are closely controlled by the CCP . The
All-China Federation of Trade Unions (ACFTU) acts as the
umbrella organization with which all trade unions must
affiliate. With over 80 million members, the ACFTU enrolls
about two-thirds of the urban work force. The Federation's
prime function is to serve the State's interest by promoting
labor discipline, enhancing labor productivity, conducting
political and ideological indoctrination, and improving
workers' educational and technical skills. Unions also
perform a variety of social and welfare functions such as
handling pensions and disability benefits, and operating
clubs, eating facilities, nurseries, schools, and
sanatoriums. Their duties also include the promotion of
workers' safety. Although government officials may consult
trade union leaders on wage policy, unions have no power to
engage in collective bargaining.

Chinese workers are not guaranteed the right to strike.
Included in the 1978 State Constitution, this right was
omitted in the 1982 revision as well as in the 1983 trade
union constitution. However, a trade union spokesman said in
1983 that this omission did not necessarily mean that strikes
were illegal. He then described a narrow range of
circumstances (e.g., risks to workers' safety) where strikes
might be permitted for a brief time. There are no known
instances of strikes on these issues, although there has been
at least one instance of a strike over opposition to wage
reform by workers protesting linking wages to productivity.
Safety conditions in many industries are believed to be
substandard, but statistics are not made public.

In the last several years, the ACFTU has moved actively to
expand its international ties. Claiming to have contacts with
trade unions in over 120 countries or regions, the federation
has stated its desire to establish links with foreign unions
regardless of their affiliation with the International
Confederation of Free Trade Unions, the Soviet-dominated World
Federation of Trade Unions, or other organizations. The ACFTU
conducts its busiest bilateral program with the Japanese labor
federations, Domei and Sohyo . Since China joined the
Inter'national Labor Organization (ILO) in 1983, an ACFTU
official has served as China's workers' delegate to that
body. This representative was elected to an alternate seat on
the ILO governing body in 1984 . The ILO opened a regional
office in Beijing in January 1985.

Since 1981, workers' congresses have been established in most
of China's large and medium-sized enterprises. Created in

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principle to permit workers a role in enterprise management
and selection of plant officials, the congresses have to date
been largely limited to social welfare issues. The October
1984 Party Plenum's decision on economic reform, although
calling for "centralized and unilateral leadership" of
enterprises and "strict labor discipline," also says that
worker participation in management must be ensured, a presumed
reference to the workers' congresses.

c. Freedom of Religion

Reversing Cultural Revolution-era attempts to eliminate all
religious practice, China's reformist leadership in 1978
initiated a policy of limited religious toleration. The
Constitution guarantees freedom of religious belief and
specifies that no organization or person may compel citizens
to believe or disbelieve in religion or discriminate against
them because of religious preference. The Constitution also
provides that religious bodies must not be subject to foreign
domination — a provision affecting primarily the Catholic
Church. Aside from these provisions, official policy forbids
religious proselytizing other than at places of worship or
believers' homes. Earlier, unpublished regulations reportedly
also limited religious freedom to those over the age of 18,
but church associations deny this.

The authorities have reqxiired all religious bodies to
affiliate with eight national organizations representing four
religions — Christianity, Buddhism, Islam, and Daoism. Of the
five Christian associations, two are Protestant (the
Protestant Three Self Movement and the China Christian
Council), and three are Catholic (the Patriotic Catholic
Association, the National Administrative Council of the
Catholic Church, and the Catholic Bishops College). Together,
these associations — with different functional responsibilities
but overlapping leaderships — constitute the officially
sanctioned national Protestant and Catholic Churches.
Although the Government recjuired all Protestant denominations
to merge in the 1950 's, congregations and individuals may
follow preferences on such matters as forms of baptism. Since
its separation from Rome 30 years ago, the Chinese Catholic
Church has developed an independent theology and doctrines;
for example, it rejects papal infallibility and supremacy,
continues to conduct services in Latin, and supports the
State's policy on birth control, provided church-approved
methods are used. These five Christian associations and three
organizations representing the other religions link religious
bodies to the State and party.

Within the limits of official policy, religious activities
have expanded considerably in the last few years and appear to
have been noticeably strengthened in the last 12 months. Many
religious institutions which closed during the Cultural
Revolution have reopened. In 1986 officials said there were
over 30,000 churches, temples, monasteries, and mosques in
service in the country. Many Buddhist and Daoist temples have
reopened, often after being refurbished at government
expense. In Tibet, nearly 500 lamaistic monasteries have been
restored, many with government funds — still just a fraction of
the 2,700 monasteries open before the Chinese suppression of
the 1959 Tibetan uprising. Similarly, only a small number of
monks have returned to monastic life in Tibet, although more
are being trained at a government-funded institute in Lhasa.

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Since 1981 the authorities have permitted the establishment of
seminaries to train a limited number of young people in
religious orders. The Catholic Church has 10 seminaries in
operation. The Protestant Church, apart from its national
seminary in Nanjing, operates nine other theological
institutes, the newest in Shanghai. The Islamic Association
runs nine institutes throughout China to train imams and
Islamic scholars. The Buddhist Association has institutes in
Beijing, Suzhou, and Nanjing, as well as Lhasa. The religious
associations sponsor a variety of publications for believers,
including scriptures, teaching material, theological journals,
and hymnbooks . Since 198-0 for example, the Protestant China
Christian Council has printed and distributed over 1.3 million
Bibles. Aside from appropriating funds for extensive
renovation of temples, the Government provides other forms of
direct and indirect financial support for religious bodies
(e.g., tax exemptions for their rental income and cash
subsidies to Muslims, for observance of dietary law).

The number of Christians has increased since 1978, with
estimates of the total ranging from the official figure of 6
million to a more likely 10 million to 20 million. This
increase in believers has resulted in a severe shortage of
places of worship, given the continued occupation of many
pre-Cultural Revolution churches and temples by factories, the
military, and other units. As a result, many congregations
are forced to meet in believers' homes. Officials say there
are 15 million actively practicing Muslims and that
practitioners of Buddhism and Daoism run into the millions
(actual numbers probably more closely total tens of
millions). A pressing shortage of priests, ministers, monks,
and imams exists because the older generation of religious
leaders is dying off, and the number of recent graduates of
religious training institutions remains inadequate.

Despite the greater freedom of recent years, the authorities
still react harshly to unsanctioned religious activity. Some
Christians prefer to worship outside the officially recognized
"patriotic" church system and to meet in unsanctioned "house
churches." The public security authorities have in the past
harassed these underground churches with measures including
arrests in an attempt to force worshipers into an official
church. In September 1986, the Western press carried reports
that Public Security authorities had raided an unofficial
Catholic seminary near Shijiazhuang in Hebei province on May
29, and had taken over 40 Catholics into custody, some of whom
were later released. Four Catholic seminarians were reported
to have been arrested in the same area in June. In 1983 the
NPC Standing Committee authorized the death penalty for those
organizing secret sects which spread "feudal and superstitious
ideas." This provision appears aimed at traditional animist
and cult practices or plain criminal activity rather than at
mainstream religious activities.

Because of concern over divided loyalties, the authorities
carefully monitor and control contacts between Chinese and
foreign religious organizations. At the same time, they
encourage Chinese religious leaders to meet foreign
counterparts and take part in international meetings. Such
international religious contacts have been broadened
considerably during 1986, including visits to China by the
United States-based Appeal of Conscience Foundation, Hong
Kong's Roman Catholic Bishop John Baptist Wu, and South
African Bishop Desmond Tutu, who delivered a sermon in a
Shanghai church. A delegation of Chinese Catholic leaders

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from Beijing, Shanghai, and Wuhan also traveled to the United
States at the invitation of the Association of Catholic
Colleges and Universities during the autumn of 1986.

To gain support from important minority groups and create
goodwill with Islamic nations, China in 1979 resumed giving
permission to Muslim citizens to make the hajj. Over 2,200
Chinese made the pilgrimage to Mecca in 1986, up slightly from
the 1985 figure of 2,100. There are some indications that
Chinese religious organizations may again be permitted to
receive funds or gifts from foreign religious organizations
— if no strings are perceived to be attached.

On the other hand, the Government insists that the country's
religious bodies must be independent of foreign control and
warns against foreign attempts to interfere in Chinese
religious affairs. The Government prohibits missionaries from
practicing among Chinese citizens but has allowed some foreign
clergymen to enter for brief periods to serve the resident
foreign community. Foreigners with acknowledged ties to
overseas religious institutions are permitted to work in
China, often as English teachers, provided that they do not
engage in open proselytizing. To date the Government seems to
have overlooked minor infractions of this injunction.

The authorities' concerns with alleged foreign interference
are particularly directed at the Vatican, in part due to the
Vatican's continued diplomatic ties with Taiwan. Chinese
priests who publicly maintain their loyalty to the Pope are
subject to arrest and imprisonment.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Various formal and informal restrictions govern travel within
China. Chinese citizens must have a written letter of
introduction from their work unit to buy airplane tickets,
secure hotel accommodations, or acquire ration coupons for
purchase of basic food items in areas outside their places of
residence. Those traveling by rail who plan to stay with
relatives need not obtain letters of introduction but are
still legally required to register with local police during
their visits. In practice, however, many Chinese do not
comply. With their higher income levels (particularly in the
countryside), Chinese are traveling ever more frequently
within the country, often ignoring bureaucratic requirements
without much difficulty. For instance, availability of grain
and other food in free market channels, combined with larger
monetary incomes, means that lack of ration coupons no longer
presents an effective barrier to travel. This increased
mobility prompted the authorities to announce in April 1985
the adoption of the country's first nationwide identity card
system. This plan went into effect on September 6, 1985 under
the auspices of the NPC Standing Committee. Local committees
are working out details for eventual implementation.

Chinese citizens cannot freely change their locality of
residence or workplace. They are registered as residents of a
particular jurisdiction. The authorities normally grant
permission to move to another locality only for a change in
employment. Rigid personnel policies, most notably the
unwillingness of units to sanction an employee's transfer,
make it difficult to change jobs. For newly employed ordinary
workers in state enterprises, this situation changed with the
introduction of a labor contract system as of October 1, 1986.

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The contracts generally will run for 3 to 5 years, after which
both parties may decide whether to renew. This will not
immediately affect workers employed before October 1, who will
continue to "enjoy" lifetime employment, without a stipulated
right to leave to seek other work. The authorities have
called for and have taken some steps towards reform of the
personnel system, aiming at greater mobility among scientists,
technicians, and certain other professionals. As part of
efforts to develop commerce and industry in rural areas, the
State Council issued a circular in October 1984 which
authorized peasants to establish businesses in rural towns.
Significant numbers of farmers are moving into small and
medium-sized cities. Strict policies discouraging rural
migration to large cities continue. It is also difficult for
urban residents to move to other cities for personal reasons.
Nevertheless, large numbers of unregistered people reside in
China's biggest cities, for example an estimated 1,000,000 in
Shanghai and 700,000 in Beijing-.

With the relaxation of controls on foreign travel and
emigration since the late 1970 's, tens of thousands of Chinese
now go overseas every year to study, conduct business, or
visit relatives. In November 1985, the Standing Committee of
the NPC passed the "citizens exit and entry control law,"
which went into effect February 1, 1986. The law states: "A
Chinese citizen may leave or enter the territory without visa
processing by showing a valid passport, or other valid
certificates." With some exceptions, "all applications for
exit on account of personal af fairs .. .will be approved." The
law denies exit to four categories of people — those involved
in unsettled criminal or civil cases, those serving sentences,
those placed under "education through labor," or those whose
exit may harm China's national security or interests. It is
not yet clear how liberally this law is being applied. China
relaxed restrictions on internal travel by foreigners in
February 1985 by more than doubling the number of areas
(cities and counties) open to foreign visitors without special
permission. At present 436 cities or counties are open to
visitors. Nevertheless, large portions of China remain
officially closed.

China does not revoke the citizenship of political dissidents
and is not known to have exiled any dissidents. The
authorities have welcomed the return for permanent residence
of Chinese who had fled their homeland earlier in fear of
Communist rule; such persons are also welcomed back for brief
visits. In 1985, 17,830,000 tourists visited China, the vast
majority of them residents of Hong Kong and Macao and overseas
Chinese, including some political opponents and former
refugees. The number of foreign visitors not of Chinese
ancestry also has increased dramatically in recent years.
More than 270,000 refugees and displaced persons from Vietnam
and Laos have resettled in China since 1978. The number of
new arrivals has dropped to around 100 per month. The
authorities have also resettled over 2,000 ethnic Chinese
permanent residents of the Mongolian People's Republic since
1983, after that country's government expelled them.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The CCP remains the paramount source of political authority
and decisionmaking in the country. Within the party, a group
of top leaders in several key organizations, including the
Politburo and its five-member Standing Committee, the Military

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Conunission, and the Secretariat shares power. Under the
doctrine of "democratic centralism," leaders at the top, after
consultation within the party, make policy decisions which all
party members are expected to support. Political debate and
disagreement usually take place only before a decision is
made; once announced, all party members are expected to follow
the party line. Nevertheless, there are means by which party
members and others can debate established policies. These
include the presentation of alternate points of view or
criticism in the party-controlled press, the use of academic
journals to present differing interpretations of supposedly
theoretical matters, selective enforcement of policies,
exploitation of policy ambiguities, manipulation of news
coverage, and informal and unpublicized debate at party and
government meetings. In 1986, however, Chinese economists and
political theoreticians openly debated in academic journals
and national newspapers a key national issue--the limits of
economic reform. The October 1986 Sixth Party Plenum
reiterated the call to "let a hundred flowers bloom, a hundred
schools of thought contend", and following the Plenum
officials called for publication of differing views on
academic and theoretical matters. Top leaders have called for
wider input and "greater democracy" in policy decisionmaking.
Further experimentation with changes in political forms is
being discussed under the rubric "political structural
reform." Nevertheless, parties or groups opposing the CCP are
forbidden .

Early December 1986 student demonstrations in several Chinese
cities including Beijing, Shanghai, Nanjing, and Tianj in
called for greater democracy, including more participation in
local elections, multicandidate slates, and open discussion of
political development through wall posters and in the media.
The Government responded to this outpouring of upwards of
50,000 students with restraint, combining firmness with
flexibility. Authorities avoided repressive policies and by
the end of the year had arrested only a few, nonstudent
activists .

Over the past 5 years, the CCP has promoted a modest
rejuvenation of eight "democratic" parties (formed before
1949) as agents of its "united front" policy. Admittedly
subservient to the CCP, the parties function as channels
through which the authorities seek to mobilize support among
various constituencies the parties claim to represent:
intellectuals, former industrialists, returned overseas
Chinese, former Kuomintang (Nationalist Party, the dominant
party of Taiwan) military and civilian officials, and
Taiwanese living on the mainland. As part of its efforts to
give more visibility to these parties, the CCP increased their
representation in the NPC and at the Chinese People's
Political Consultative Conference in 1983, and they have been
allowed to reestablish party newspapers (generally for members
only) and to recruit new adherents. Although the CCP
periodically consults with the representatives of these minor
parties on important issues, the parties, whose memberships
total about 200,000, and whose leaders are aged, have little
impact on fundamental national policy issues.

The NPC meets once a year for about 2 weeks to debate and
approve government policies and personnel changes. The NPC
rarely rejects proposed government policies, although some
have been modified as a result of delegates' concerns
expressed behind the scenes. More important than the NPC as a
whole is its Standing Committee, which meets several times a

66-986 0-87-23

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year and has the power to approve laws. In 1986 the Standing
Committee twice declined to pass a draft bankruptcy law
proposed by the State Council, despite amendments and a
last-minute plea by supporters for its adoption. This refusal
to act occasioned unusual — though brief — press mention of the
names of persons on each side of the debate. The law, in
modified form, eventually passed toward the end of the year.

Women have scored few breakthroughs in the male-dominated
political establishment. At present, none of the 20 full
members of the Politburo is female (although an alternate
member is female), while just 3 women serve among the 45
ministers and commission directors in the Government. About
20 percent of NPC delegates are female. At present one woman
serves as a provincial governor and one as a provincial party
secretary.

Minority ethnic groups — which account for 6.7 percent of the
population and are concentrated in border areas like Xinjiang,
Tibet, Guangxi, Yunnan, and Inner Mongolia — are permitted a
limited degree of autonomy. At its 1984 plenary session, the
NPC adopted a national minorities law, essentially a
compilation of post-Cultural Revolution policies and practices
with few new departures. Like the Constitution, the new law
provides that government heads of autonomous regions,
prefectures, or counties should be members of the locally
prevalent minority. Although vague on the extent of political
autonomy for minority areas, the law clearly sets forth their
rights to enjoy and develop their own cultural traditions, use
their own language, and practice their own religion. CCP
policy is designed to increase minority representation in the
Government and party in minority areas to levels reflecting
the minority's share of the population, and to assign senior
positions to minority persons. However, many key positions in
the autonomous regions continue to be held by Han Chinese.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no known organizations within China which monitor or
comment on human rights conditions. The Chinese regard their
human rights record as an internal matter and generally see no
justification for foreign concern about it. China does,
however, participate in the United Nations Human Rights
Commission. In the past Chinese authorities have not
responded even to factual questions on particular cases. In
October 1986, however, officials did provide information in
answer to a U.S. Embassy inquiry regarding a number of
imprisoned priests and others thought to be "political
prisoners." Chinese officials have been more willing to meet
with U.S. Government officials and members of professional
groups to discuss birth control policies, have provided
increasing amounts of statistical data, and have facilitated
visits to localities.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution endorses the principle that all citizens are
ec[ual. In the socioeconomic realm as in politics, however,
women lag behind men despite progress in recent years. Female
participation in the labor force has increased rapidly in
recent years, reaching 36.4 percent of urban workers in 1984.
Yet, women are concentrated in sectors such as light industry.

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where wage rates are lower. Despite increased educational
opportunities, the proportion of females in school drops from
43 percent in primary grades to 26.2 percent of all students
in universities; 70 percent of illiterates are women.
Notwithstanding stiff punishment and official discouragement,
prostitution, selling of women, and other traditional
practices, such as arranged marriages, concubinage, and heavy
dowries, continue to be reported from time to time.

Minorities have benefited from the party's more liberal
programs for them, which include special treatment in marriage
and family planning, employment, and university admission.
Nonetheless, the standard of living of minorities — many of
whom live in poor, remote areas — remains below that of most
Han Chinese. Some minorities complain of discrimination by
the Han majority and the Government. Uygur students
demonstrated on minority issues in Urumqi, Beijing, and
Shanghai in December 1985.

A February 1984 forum convened by the Secretariat set out the
leadership's liberalization of political, economic, and social
policies towards Tibet. Numerous subsequent speeches by party
leaders have reiterated the theme. One result has been the
rehabilitation of many members of former Tibetan aristocratic
families, whose property is being restored and who are given
figurehead positions in the Tibetan regional government.
Three representatives of the Dalai Lama traveled to Beijing
during October and November 1984 to discuss a possible visit
by the exiled spiritual leader. At the conclusion of their
talks, the representatives issued a statement ruling out a
1985 trip by the Dalai Lama to Tibet, but leaving open the
possibility of one to other parts of China, including areas
where ethnic Tibetans live. To date the Dalai Lama has not
returned to China but, due to relaxed Chinese travel
restrictions, in the past 2 years thousands of Tibetans have
been able to travel to India to see him there.

Social and other discrimination against former opponents of
the CCP, intellectual critics of party leadership, former
capitalists, and the children of members of these groups has
been significantly curtailed in recent years.

CONDITIONS OF LABOR

Although no legislation establishing a minimum age for
employment exists, state enterprises will not hire anyone who
has not completed high school or lacks eq\iivalent
certification. Employment standards in the countryside,
however, are hard to monitor and may be considerably more
lax. Schools try to schedule some sort of "productive"
activity as part of the curriculiom, and children in rural
areas often help out in farm activities. In the course of
trying to universalize a system of compulsory 9 years'
education, the Government is attempting to close off full-time
employment opportunities (and thus the temptation to drop out
of school) for those who have not finished minimum schooling.
Conditions of work vary widely. In some impoverished areas,
long, toilsome hours do not return even a bare living, and
subsidies are required for survival. No minimum wage law has
been promulgated. The Government tries to encourage
productivity in state and collective enterprises, encouraging
experimentation with various incentive systems.

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TAIWAN

Taiwan's polity is dominated by the Nationalist Party, the
Kuomintang or KMT, in an essentially one-party authoritarian
system. In April a 12-man group from the KMT Central Standing
Committee was tasked with studying sensitive political issues
and reforms, such as lifting martial law and ending the ban on
the formation of new political parties. In September the
opposition, in defiance of the martial law ban on the
establishment of new political parties, announced the
formation of the Democratic Progressive Party (DPP) . Though
the DPP is technically illegal, the authorities have taken no
action against it, and did not interfere with the convening of
its first party congress in November. DPP candidates
campaigned under their new party's banner in the December 6
election.

The Taiwan authorities, who claim to be the government of all
of China, maintain the full array of central political bodies
originally established on the China mainland under the 1948
Constitution. In recent years, supplemental elections have
brought in younger members and have increased the vitality of
these somewhat vestigial organs. The Legislative Yuan, the
central legislative body, is evolving into a forum for
questioning policy but still lacks power to change it.

The small and aging leadership group, whose members came to
Taiwan from the China mainland after World War II, runs the
KMT, the military, the security apparatus, and the executive
bureaucracy. Political control is exercised through these
bodies under a constitution whose major democratic provisions
have been circumscribed by the martial law provisions enacted
in 1949. The authorities had been justifying martial law as
necessary to counter the threat of military action or
subversion from the People's Republic of China (PRC), but
recently they have announced their intention to rescind
martial law in the near future. Although the people of Taiwan
enjoy considerable influence in local-level decisionmaking,
they have little input into the major political decisions
affecting them.

Political evolution has occurred on Taiwan, but it has not
kept pace with economic development. Human rights are
publicly endorsed but incompletely realized. Although
tolerated, opposition activity is restricted. The expression
and publication of political views are controlled, and
opposition activities are monitored, both at home and abroad.
The confrontation over the issue of press freedom that flared
in 1984, when proliferating opposition publications printed a
rash of articles on traditionally sensitive topics,
intensified in 1986. Several opposition politicians and
magazine publishers and editors were imprisoned or sentenced
to prison for violating the libel or election laws or both.
The opposition and some independent observers charge that
these cases were politically inspired.

A vocal opposition exists and enjoys a wide range of popular
support, as well as some freedom of expression. With the
mediation of scholars, the KMT and the opposition met twice
during the spring to conduct a dialogue. In October the
Committee announced its decision to lift martial law and
replace it with a national security law, and to revise current
laws to permit the legalization of new political parties.
Draft legislation is currently being prepared in both
areas, and the authorities have announced their intention to
lift martial law officially early in 1987. However, arguing

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that current laws are sufficient for Taiwan's security needs,
oppositionists maintain there is no need for a new security
law. New legislation is expected to continue some of the
martial law restrictions on civil liberties. Military courts'
jurisdiction over civilians, however, will be ended.

Native Taiwanese, descendants of Chinese who migrated from the
mainland primarily in the 17th and 18th centuries, dominate
the private economy. They now constitute more than 80 percent
of the population but still are underrepresented at the upper
levels of the ruling elite. Although the authorities continue
gradually to recruit increasing numbers of Taiwanese to fill
important economic, political, military, and security posts,
dissatisfaction of many in Taiwan with mainlander domination
has resulted in demands for more representative government.
The increasing prevalence of higher education, foreign travel,
and access to news from abroad has accentuated the felt need
for political development, particularly among the younger
generation. An expanding, prosperous, and educated middle
class displays a growing willingness to pressure the
authorities about human rights issues.

Throughout the past 37 years, Taiwan authorities have promoted
economic development vigorously. In recent decades, Taiwan's
largely free-market economy has been one of the fastest
growing in the world. Its estimated per capita gross national
product (GNP) of over US$3,672 ranks fourth highest in East
Asia and is accompanied by high standards of education,
health, and nutrition.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of killings for political reasons.

b. Disappearance

In recent years, there have been no substantiated reports of
persons being abducted or secretly arrested by the security
services .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Taiwan law specifically prohibits the use of torture. There
are credible reports, however, that individual members of the
police or security forces have resorted at times to physical
violence in interrogating suspects.

Taiwan civilian prisons are severely overcrowded. According
to a 1986 Ministry of Justice report, at the end of May 1986
civilian prisons built to accommodate 28,917 prisoners were
holding 34,222. Because of this overcrowding, prisoners are
forced to share cramped living quarters and have few
opportunities for work, exercise, or family visits. In April
the Ministry announced that under its 6-year plan, reported in
1985, some facilities would be replaced, others expanded, and
still others constructed to increase inmate capacity by
12,000. Two new detention facilities, in Tainan and
Kaohsiung, are already in use.

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According to the Ministry, at the end of 1984 about 13 percent
of the inmates in Taiwan prisons were serving sentences for
writing bad checks. In 1986 the Legislative Yuan passed a
bill, to come into effect on January 1, 1987, that changed
this from a criminal offense to a civil one, thus eliminating
the prison sentence. This move could alleviate prison
overcrowding. According to the Cabinet, some 300 persons
serving sentences for writing bad checks may be paroled by the
end of 1986.

The military prisons administered by the security police,
where political prisoners are confined, are reportedly less
crowded. Prisoners are said to receive the same food as
soldiers and to have work and recreation opportunities.

d. Arbitrary Arrest, Detention, or Exile

Taiwan law requires that within 24 hours after an arrest, the
arresting authorities must give notice in writing to the
arrested person and his designated relative or friend, stating
the reason for the arrest or detention. The Code of Criminal
Procedure, which does not apply to martial law offenses,
specifies that the authorities may detain an accused person
for up to 2 months during the investigation phase prior to the
filing of a formal indictment, and for up to 3 months during
the trial. Furthermore, during the investigation phase, the
prosecuting officer may apply to the court for one extension
of 2 months. The period of detention may also be extended
during the trial. In recent cases, the authorities generally
have followed these procedures and extended the periods of
detention. Exceptions occur more frequently in the military
courts. Persons indicted for relatively minor criminal
offenses can be released on bail at the judge's discretion.

Suspects are guaranteed the right to have a lawyer present
during the investigation phase. The Taipei Bar Association
has complained, however, that defense lawyers are sometimes
barred by prosecutors from visiting their clients during this
phase. Persons arrested by the security services do not have
the right to legal counsel until after they have been formally
indicted.

The police legally may arrest without a warrant anyone they
suspect of committing a crime for which the punishment would
be 5 years or more in prison and may call in suspects or
witnesses for questioning without a formal summons. Critics
in the legal establishment, the press, and elective offices
point out that these powers could easily lead to abuses.

In July 1985, the Legislative Yuan passed the so-called
" ant i -hoodlum" law, which accords police authorities broad
powers, including the power to determine whether a person
should be designated as a hoodlum. The civil courts confirm
or deny police requests to remand hoodlums for reformatory
education but have no authority to determine the length of
such education, which is determined by the military; the
length may range from 1 to 5 years. Detainees can be held
incommunicado, and their families need not be notified of
their arrests.

Many minor crimes on Taiwan are handled under a statute which
empowers the police not only to arrest but also to prosecute
and punish offenders. The provisions of the statute empower
the police to impose and carry out sentences of up to 2 weeks
imprisonment .

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Taiwan does not allow forced or compulsory labor, and there
have been no reports of the practice.

e. Denial of Fair Public Trial

Taiwan's legal system is based on European and Japanese models
and does not provide for trial by jury. Informed observers
characterize the judiciary as basically independent, although
susceptible to pressure from the authorities on whom judges
depend for career advancement.

In 1986 the courts sentenced a number of opposition
politicians and magazine publishers and editors to jail for
violating the election or libel laws. With regard to these
cases, both the opposition and some independent observers have
raised doubts about the impartiality of the judiciary.

Under martial law, in effect since 1949, civilians who commit
certain offenses, including sedition, may be tried in military
courts. The authorities occasionally transfer "important"
civilian cases (involving such crimes as armed robbery) to the
military courts. Three cases involving a total of 6 people
were transferred from the civilian to military courts during
1986. The authorities state that the military courts' swifter
and generally more severe justice acts as a deterrent to
potential criminals. The military courts' sentences are
reviewed only within the Ministry of National Defense.

Trials, including those held in military courts, are public,
but attendance at trials involving juveniles or persons
considered politically sensitive may reguire permission from
the court. Defendants have a right to an attorney, at public
expense if needed. Following the traditional Chinese pattern,
in a typical criminal court case parties and witnesses are
interrogated by a single judge (in High Court sessions by the
Chief Judge) but not by a lawyer or prosecutor. The judge may
decline to hear witnesses or to consider evidence a party
wishes to submit. Civil, but not martial, law specifically
provides the defendant with protection from self-incrimination.

Court cases generally are heard through several brief court
sessions, often separated by weeks or months. In High Court
appellate proceedings, new evidence may be introduced, and
judicial review of District Court judgments covers both fact
and law. Persons convicted in cases where the sentence
exceeds 3 years have a right to review by the Supreme Court.
Those tried in military court do not have this right. The
Supreme Court limits its review to the law of the case and to
specific procedural aspects. More than one-half of all
eligible cases are appealed and reviewed.

The authorities deny holding political prisoners. Critics of
the regime have estimated, however, that there are about 90 to
100 political prisoners. According to the Executive Yuan
(Cabinet), civilians have been tried by military courts for
sedition, defined as opposition to basic policy. This
includes expressing Communist sympathies, espousing views
contrary to the authorities' claim to represent all of China,
and supporting an independent legal status for Taiwan.

In February 1986, Chen Chu, one of the eight persons convicted
of sedition in 1980 for their role in the 1979 Kaohsiung Human
Rights Day rally, was released on parole. Thirteen other
prisoners serving sentences for sedition were released with
her. Another 13 prisoners convicted of sedition were paroled

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in October. Shih Ming-teh, one of the 4 persons still serving
a sentence for his part in the Kaohsiung rally, launched a
hunger strike in March to demand that the authorities release
his fellow Kaohsiung Incident prisoners. In April Shih was
transferred to a military hospital where he was fed
intravenously and was reported also to be taking liquids and
some fruit. To mark the centenary of the birth of the late
Chiang Kai-Shek, the Ministry of National Defense announced on
October 30 the parole of 147 prisoners convicted of various
offenses under martial law, including 13 prisoners convicted
of sedition. None of the four remaining Kaohsiung Incident
prisoners was included.

According to relatives, conditions for most of the remaining
Kaohsiung incident prisoners have improved over the years.
They complain, however, that the prisoners continue to be
denied access to regular work programs and recreational
activities. They also complain that health care should be
better. The authorities deny these charges, claiming that the
curtailed activities and contact are aimed at protecting the
prisoners from possible harm from other inmates and that
medical care is the same for all prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Cor r espondence

The daily life of a person not actively engaged in politics
is subject only to minor interference by the authorities.
Authorities impose limits on the use of the Taiwanese dialect
(the mother tongue of most inhabitants of Taiwan) on
television and radio. Romanized Taiwanese versions of the
Bible are not permitted. The authorities do not interfere
with basic family matters such as the right to marry or have
children as one chooses. Membership in the KMT, the dominant
political organization, is a matter of free choice.

Physical invasion of the home without a warrant, while not
common, does occur occasionally. As noted in Section l.d.,
the Code of Criminal Procedure generally requires that
searches be authorized by warrants, signed by a prosecutor or,
during a trial, by a judge. However, exceptions to this rule
have increased substantially following the July 1982 revision
of the Code to provide for warrantless arrests under certain
circumstances. When making such arrests, police also may
search persons or property without prior authorization. Other
types of violations of privacy, such as the monitoring of
telephone calls, are believed by many to exist. The
authorities deny monitoring telephone conversations. In July
1982, the authorities instituted "selective postal checks" to
intercept parcel bombs and correspondence from the People's
Republic of China (PRO, receipt of which is prohibited by law.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are guaranteed by the Constitution
but martial law restrictions significantly limit these rights.

Critics maintain that security authorities monitor political
expression, both in Taiwan and overseas. People are not free
publicly to question the regime's basic political policy of
ant i -Communism or its claim to sovereignty over all of China.
Those who speak favorably of Communism or the PRC, or question
the legitimacy of Taiwan's mainlander authorities by

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suggesting support for "Taiwan independence," can expect to be
warned and, if they do not desist, to be charged with sedition
and tried in a military court. Credible reports suggest that
Taiwan agents keep tabs on persons from Taiwan in the United
States suspected of being pro-PRC or pro-Taiwan independence.
The authorities deny charges that the political activities of
such persons residing in the United States are systematically
monitored .

A debate over the immunity of locally elected legislators
arose in September when a district court, citing the
interpretation of the Council of Grand Justices, ruled that an
opposition Taipei municipal councilman did not enjoy immunity
from prosecution for remarks he made during a session of the
municipal council, because those remarks were not germane to
the business of the council. Some political observers felt
that remarks made by locally elected legislators in their
respective legislative bodies should enjoy absolute immunity.

The number of newspaper licenses is limited to 31. Newspapers
are not allowed to increase the number of pages beyond the
current maximum of 12. Nearly all are owned by the
authorities, the KMT, or senior KMT party leaders. There are,
however, several smaller privately owned and independent
newspapers. Control over daily newspapers is often exercised
indirectly, through guidance from the Government Information
Office and the KMT. Newspapers gradually have expanded their
coverage of sensitive subjects, such as news from the PRC and
opposition activities and views. However, the authorities
have at times threatened strong action when coverage of
sensitive events displeased them.

Shortly after publishing its first issue, Taiwan's first
opposition daily publication was suspended on May 21, 1985 for
a year. The opposition planned to resume publication in
mid-September 1986, but in early September publication was
suspended for another year .

Censorship of publications is carried out through provisions
of martial law and the Publications Law, which empowers the
security police to seize or ban printed material that
"confuses public opinion and affects the morale of the public
and the armed forces." As interpreted by the authorities,
this covers a wide range of topics, including articles that
discuss possible leadership changes, question the legitimacy
of KMT rule, criticize Taiwan's foreign policy, or merely
reveal behind-the-scenes news that is potentially embarrassing
to the leadership.

Although the limits of acceptable criticism are not clear-cut,
opposition publishers generally know when an issue of their
magazine is courting a ban. In addition, reporters and
editors exercise a considerable degree of self-censorship.
Publishers sometimes have been willing to run risks in order
to test the limits and boost sales. In 1986 the financial
rewards associated with brisk sales prior to confiscation
continued to decline as the authorities' stepped-up monitoring
of both printers and newsstands resulted in full or
large-scale confiscation of banned magazines.

Censorship of opposition periodicals intensified in 1986. In
1985 about 75 percent of all issues were banned. In 1986
virtually every issue of opposition magazines was banned and
forced underground. The authorities argue that the magazines
distorted facts and sullied the reputation of leading

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figures. Licenses of at least 5 magazines were suspended for
1 year but at least 2 of these were able to publish under
other, previously issued licenses by changing their names.
The license of one magazine was withdrawn permanently, the
heaviest sentence imposed to date. An estimated total of 9
opposition magazines were published in mid-1986.

In 1986 several opposition magazine publishers and editors
were imprisoned for violating the Libel Law. The defendants
and their supporters argue that the court judgments against
them were politically motivated. A Government Information
Office employee was given a suspended sentence of 10 months in
November 1985 and subsequently demoted by 2 steps for
allegedly leaking a document in 1984 which revealed that the
authorities had apparently discussed plans to harass the
opposition press through various means, including libel suits.

The authorities occasionally ban books. Although the writings
of pre-World War II pro-Communist Chinese authors are formally
banned, a few of their famous works are obtainable.

The authorities partially or wholly own all three of the
island's television stations. Television coverage of
sensitive political subjects is even more restricted than
coverage by the print media.

Foreign publications are available but are also subject to
censorship. Occasionally pages carrying articles offensive to
the authorities are removed or blacked out before they are
distributed. Some foreign publications are available through
subscription only and are not allowed to be sold on
newsstands. From time to time an entire issue will be
withheld from distribution.

The security forces announced in 1986 that facsimile
transmission (fax) machines have been classified as restricted
telecommunication equipment. Since September 1, 1986, their
import or sale requires a license.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is guaranteed by the Constitution. In
practice, however, public assembly for political purposes,
except during elections, is often circumscribed by martial law
provisions. During the first half of the authorized campaign
period preceding elections, all candidates are allowed to hold
rallies, although these are closely monitored by the
authorities. During the second half, campaigning is limited
to highly structured, officially sponsored rallies in which
both KMT and opposition candidates participate.

The 1983 Election and Recall Law prohibits holding campaign
rallies in any form prior to the authorized period. The Law
also permits joint rallies of two or more candidates only at
officially sponsored rallies. Opposition politicians have
been sharply and openly critical of these measures, claiming
they hinder their ability to reach the electorate.
Nevertheless, oppositionists have been able to hold a number
of rallies, demonstrations, and lectures outside the
authorized campaign period without official sanction.

Civil servants, teachers, defense industry workers, and
administrators acting on behalf of employers are prohibited
from organizing unions. Unions are permitted in many other

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fields, however, and 19.4 percent of Taiwan's work force
belong to unions.

Unions do not play a strong role in Taiwan. Their power is
sharply curtailed by the prohibition on walkouts and strikes
under martial law. Unions focus primarily on employee welfare
and benefits rather than on higher salaries. Collective
bargaining, although legal, does not take place. Unions do
have a role in monitoring compliance with labor laws and
educating workers as to their legal rights.

Union leaders have a close and friendly working relationship
with the authorities. Most top union officials are members of
the KMT. However, KMT control is not absolute; for example,
the Chinese Federation of Labor (CFL), Taiwan's national labor
organization, is on record as being critical of the ban on
strikes. The CFL maintains contact with the International
Confederation of Free Trade Unions.

c. Freedom of Religion

The Constitution guarantees freedom to practice religion.
This guarantee is generally observed in practice. Most Taiwan
inhabitants adhere to Confucianism, Taoism, Buddhism, animism,
or a combination of these beliefs. Other religions include
Christianity and Islam. There is no established or favored
religion .

While generally respecting the right to practice religion, the
authorities have brought pressure to bear against religious
organizations they consider to be involved in unacceptable
political activity. The Presbyterian Church in Taiwan (PCT),
whose approximately 210,000 membership is predominantly
Taiwanese, has been a prime target.

Kaohsiung County authorities have been involved since 1980 in
a dispute with a denomination called the New Testament Church
over the right of church members to settle on a tract of
leased public land near Kaohsiung, in southern Taiwan. In
October the Ministry of the Interior announced a relaxation of
the restrictions on access to the disputed area and the
planned approval for 17 members to take up residence within
the area. Seven members were sentenced to 5 months in prison
in June after a court found them guilty of beating policemen
and disrupting order at the Chiang Kai-shek International
Airport in December 1985; they were protesting the decision by
local immigration authorities to deny entry to a Malaysian
member of the sect. In October the authorities loosened
control over access to the disputed land and also pledged to
resolve expeditiously other problems involving church members'
resettlement and lease of land in the area. Initially, church
leaders appear to be taking a wait-and-see attitude. Unlike
previous years, the authorities did not resubmit in 1986 a
revised draft of the "Law for the Protection of Religions."
(This proposed legislation has been criticized in past years
by observers who felt that it would restrict the rights of
religious groups.)

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution provides for the freedom to change residence,
but registration of one's residence is required. Except for
military and other restricted areas, there is general freedom
of internal travel. Emigration and private travel abroad have

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become freer since 1979. In 1985, 847,000 Taiwan residents
went abroad for tourism. Since 1980 businessmen have been
permitted to travel to and do business directly with certain
Eastern European countries. In August 1986, a women's
basketball team competed in the Moscow World Cup games, the
first trip by local athletes to the Soviet Union. Although
travel to the PRC is officially prohibited, the authorities
often overlook some discreet travel to the mainland via other
countries. After the last calendar day of the year in which
they turn 15, males may not leave Taiwan until completion of
compulsory military service. Permission to leave Taiwan may
be delayed or withheld by police denial of an exit permit.
Although in the past outspoken critics have been denied exit
permits, in recent years a number of persons openly critical
of the KMT have been permitted to travel overseas.

In general, the authorities recognize the right of those
Chinese who hold Taiwan passports, and who normally reside in
Taiwan, to return from abroad. Those issued "Overseas
Chinese" passports do not automatically have the right to
travel to Taiwan for permanent residence. In principle, the
Government is suspicious of and will not authorize the entry
of Chinese between the ages of 16 and 75, even those who have
long held Taiwan passports, if they have lived in
Communist-controlled areas within the preceding 5 years.

A 1984 law authorizes the authorities to detain or revoke the
Taiwan passport of persons whose behavior violates the
interests of Taiwan, or endangers security, public order,
tradition, or Taiwan's economic interests. Critics of the law
state that it gives the authorities the power to revoke the
passport of any person who makes remarks overseas that are
deemed inimical to Taiwan's interests. They argue that this
places undue restriction on the opposition's right to travel
and to make its views known outside Taiwan. The authorities
say the measure is necessary to curb the activities of
economic criminals: tax evaders, persons engaged in illicit
activities, and those who have left large debts behind in
Taiwan. There was one widely publicized occurrence of the law
having been used during 1986 when a U.S. permanent resident
tried to return to Taiwan in early December, just 5 days
before the elections. Despite being wanted in Taiwan for
alleged seditious activity, he was denied entry into Taiwan by
the authorities.

Under Taiwan's "Orderly Departure Family Reunification
Program," since 1977 more than 5,670 ethnic Chinese from
Indochina have been resettled on Taiwan and more than 2,000
persons who arrived from Indochina by small boats have been
granted "temporary" refuge. With the exception of 58 who
found sponsors and resettled on Taiwan, all of those arriving
by small boats have been resettled in third countries. More
than 100 are currently awaiting resettlement. The authorities
report that there have been no refugees from non-Communist
areas. They advise that any such instances would be dealt
with on a case-by-case basis. Refugees are not forced to
return to their country of origin.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Effective political power resides with the aging KMT
leadership, which fled the mainland in 1949. Reflecting their
claim to be the government of all of China, the authorities
maintain not only a provincial and local government system but

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also an array of political bodies identical to those found on
the mainland prior to 1949. The locus of power on Taiwan
is the Presidency, the Executive Yuan, the military and
security apparatus, and the KMT Central Standing Committee.
This power is exercised by a small number of top figures in
these organizations, particularly by the President. Although
the number of Taiwanese in the Cabinet and the Central
Standing Committee gradually has been increasing, they do not
yet wield significant power within these bodies. Hence,
although Taiwanese hold a number of high positions, including
those of Vice President, Vice Premier, Ministers, Governor of
Taiwan, and Mayors of Taipei and Kaohsiung, their power
individually, and even their collective influence, is
limited. As representatives of the majority population,
however, their views form an important consideration as the
leadership decides on major policies. Taiwanese have greater
effective power at the local level, where they hold most of
the executive and KMT party positions.

The most important elective bodies at the central level are
the National Assembly, which convenes every 6 years to elect
the President and Vice President, and the Legislative Yuan,
which is the parliament. There have been no general elections
to these two bodies since 1948. Surviving mainland
representatives elected in 1948 continue to hold their seats
and to form the bulk of these bodies' memberships. Since
1969, periodic "supplementary elections" have been held to
choose additional representatives from Taiwan province and the
offshore islands (which are considered part of Fukien
province). Nevertheless, only 970 out of 2,691 seats of the
National Assembly are currently filled, including 76
supplemental seats. Of the Legislative Yuan's current
membership of 320, the supplemental legislators number 71 and
constitute the most active group, due largely to the advanced
age and incapacity of those elected 38 years ago on the
mainland.

The nature of the elective bodies continues to spark calls by
both opposition and KMT politicians, academicians,
journalists, and legal experts for more representative
institutions. The authorities are extremely reluctant to
adopt any measures that might undercut the mandates of those
parliamentarians who were elected on the mainland in the late
1940's, as to do so could call into question the authorities'
claim that these bodies represent all of China. However, a
blue-ribbon 12-person group of KMT Central Standing Committee
members has been empowered to study the issue of the
rejuvenation of the central parliamentary bodies.

The central authorities appoint the Taiwan Provincial Governor
and the mayors of Taipei and Kaohsiung. Elections for the
provincial assembly and county and other municipal level
offices have been held regularly since 1950. Universal
suffrage exists for citizens 20 years of age and over. Voting
is voluntary and by secret ballot; voter turnout runs over 60
percent .

One party, the KMT, dominates Taiwan, as it has since 1945.
There are also two minuscule, nominally independent parties
which came from the mainland. Although the KMT's structure
and control mechanisms are based on Soviet models, the party's
operations are considerably more flexible. Party organs exist
at all levels of the ruling structure, as well as in the
military, schools, and other public institutions. People who
arrived from the mainland after 1945 dominate the highest

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echelons of the KMT. Taiwanese predominate at local levels
and are playing an increasingly important role in the middle
and higher levels. Taiwanese comprise more than 60 percent of
the KMT's total membership of approximately 2 million.

New political parties are forbidden under martial law. In the
past, candidates who opposed the KMT in elections ran as
independents, referring to themselves as "outside the party"
(dangwai) candidates. Although not permitted to form a party,
dangwai politicians organized in 1984 a "Dangwai Public Policy
Research Association" which they have described as a
protopolitical party. In 1986, 13 branch offices were opened
throughout Taiwan. Dangwai politicians have also organized ad
hoc "campaign assistance groups" to nominate candidates for
elections. In defiance of martial law, the opposition
announced on September 28, 1986, the formation of the
Democratic Progressive Party. Although the new party is
technically illegal, the authorities have taken no action
against it. The DPP successfully fielded candidates in the
December 6 election. The authorities are also in the process
of revising current laws in order to permit the legal
establishment of political parties.

In the 1986 Legislative Yuan and National Assembly elections,
the KMT won just under 70 percent of the popular vote, down
slightly from the results in previous elections. It picked up
59 (out of 73) Legislative Yuan seats and 68 (out of 84)
National Assembly seats. The new Democratic Progressive
Party, with over 20 percent of the vote, won 12 Legislative
Yuan seats and 11 National Assembly seats. The 1986 elections
were conducted in a peaceful and orderly fashion. The role of
the opposition is greater than its small numbers might
indicate. Opposition members are very vocal in elective
bodies and frequently use interpellation sessions to raise
controversial or sensitive issues.

Opposition candidates face several disadvantages in the
election process. Television, state-owned, ignores opposition
campaign activity. The 1980 election law limits the campaign
period before an election to 15 days for National Assembly and
Legislative Yuan elections and 10 days for local, county, and
provincial elections. The law also stipulates who may speak
at rallies, and under what circumstances. The revised
election and recall law enacted in June 1983 abolished joint
rallies and precampaign "get-togethers," campaign tactics
favored by the opposition. The law also placed ceilings on
campaign expenditures, political contributions, and the
quantity of campaign paraphernalia. The opposition argues
that these provisions further reduce its ability to compete
with well-financed, well-organized KMT candidates and hinder
contact with the electorate. Opposition politicians label as
ineffective the newly adopted provisions penalizing candidates
for vote-buying and bribery. Press self-censorship and
banning result in less publicity for the views of the
opposition, which further handicaps dangwai candidates.

The 1983 revisions of the election law also changed the method
of indirect election of members of the Control Yuan (which
exercises powers of impeachment, censure, and audit). The
opposition charges that the changes were aimed at making it
impossible for the opposition to pool their limited votes
behind one candidate.

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Section 4 Governmental Attitude Regarding International and

Nongoverninental Investigation of Alleged Violations
of Human Rights

In past years, the Taiwan authorities have occasionally-
permitted representatives of international human rights
organizations and private persons interested in human rights
issues to meet with appropriate officials and other persons.
A delegation from the Asia Watch Committee went to Taiwan in
August to examine the human rights situation.

The nongovernmental Chinese Human Rights Association, a
strongly ant i -Communist organization that originally focused
its attention on human rights guest ions in the PRC, is
devoting more of its efforts to human rights on Taiwan. The
Association has sponsored tours for lawmakers and legal
experts to examine Taiwan's crowded prisons and has
established a free legal aid service.

In December 1984, a group of opposition lawyers, scholars,
parliamentarians, and doctors established the Taiwan Human
Rights Association (THRA) . The authorities have stated that
the THRA cannot be officially recognized because it has not
been registered in accordance with the "Law Governing the
Organization of Civic Bodies During the Extraordinary
Period". This Law permits the registration of only one
association per organizational function. The authorities have
noted that the Chinese Human Rights Association already has
been registered and, therefore, a second human rights
organization may not legally be established. THRA sponsors
argue that the civic bodies law is unconstitutional because it
was promulgated before the Constitution was adopted. This
issue has not been resolved, and to date the THRA has neither
been registered nor disbanded.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Taiwan's only non-Chinese minority group consists of
descendants of Malayo-Polynesians who were already established
in Taiwan when the first Chinese settlers arrived. These
aboriginal people comprise slightly more than 1 percent of
Taiwan's total population. There is no official policy of
discrimination against them, but the barriers created by de
facto cultural and economic discrimination are freguently
difficult to surmount; thus aboriginal "mountain people"
occupy the bottom rungs of Taiwan's socioeconomic ladder.
Specially designated seats in both central and provincial
legislative bodies are reserved for aborigine representatives,
and the authorities have instituted a number of social
programs to ease the aborigines' transition into the dominant
Chinese society.

Women generally earn 40 to 50 percent less than men and,
although the law now prohibits sex discrimination, there is
little to suggest that women will challenge the status quo.
The few laws that discriminate against women relate mostly to
divorce issues and inheritance. A revised Civil Code passed
by the Legislative Yuan in March 1985 provides for more equal
treatment of women in the areas of marriage and divorce. In
recent years, women have taken an increasingly active role in
local politics and have been increasingly successful
vote-getters. Election regulations ensure that women hold a
minimum of 20 percent of elected offices at both the central

710

TAIWAN

and local levels. Enrollment of women over 18 years of age in
institutions of higher learning has increased during the past
30 years from 1,750 students in 1953 (0.3 percent of the total
number of students enrolled) to 131,297 students in 1983 (9.7
percent of the total number of students enrolled) . A
fledgling women's rights movement is growing slowly.

CONDITIONS OF LABOR

The Taiwan Labor Standards Law, promulgated in 1984, was
"enacted to provide a minimum standard for labor conditions,
protect workers' rights and interests, improve worker-employer
relationships and promote social and economic development."
It is applicable to about 4 million of Taiwan's 7.8 million
workers, mostly in blue-collar jobs, public utilities,
construction, agriculture, transportation, and
communications. The law has enjoyed relative success in
several areas. The minimum age for employment is 15, and a
combination of this law and a strict compulsory education law
assure that few children are employed on Taiwan.

Other areas covered by the law have not been easily enforced.
The workweek is limited to 48 hours (8 hours per day, 6 days
per week) with certain provisions for overtime. The monthly
minimum wage is approximately US$154 and a proposal to raise
it by about 12 percent is pending in the Executive Yuan. Most
larger firms provide their employees with allowances for
transportation, meals, housing, etc., which can amount to 60
to 80 percent of base salary. There are minimum standards for
working conditions and health and safety precautions.

Enforcement of these provisions is difficult because the
number of inspectors is far too small to ensure regular checks
on compliance. Routine inspections of any given business may
be held as seldom as every 11 years, and action is rarely
taken unless a worker complains formally to the authorities.
Further, with only half of the work force covered by the Labor
Standards Law, and with most companies being small,
family-owned operations employing relatives who will not
report violations, actual adherence to the hours, wage, and
safety sections of the Law is hard to document and thought to
be minimal .

711

FIJI

Fiji is a multiracial society with a population of 715,000
(July 1986) comprised of indigenous Melanesians/Polynesians
(46 percent), ethnic Indians (48 percent), and Europeans,
Chinese, and other Pacific Islanders (6 percent). It has a
bicameral parliamentary system inherited from the British
colonial period which ended in 1970. Its Constitution
provides safeguards to protect traditional communal social
systems, including land tenure rights of the indigenous
Fijians. The individual civil and political rights of Fiji's
citizens are protected by law, a court system which functions
effectively and rapidly, a free press, free democratic
elections, and a government which supports cultural
diversity. Basic human rights such as free association and
the right to own private property are enshrined in law and
observed in practice. Fiji is a developing country whose main
industries are sugar refining and tourism. Industrial
development is proceeding primarily through the expansion of
light manufacturing. During 1986 Fiji continued its excellent
human rights performance.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no politically motivated killings by the Government
or opposition political organizations.

b. Disappearance

There were no disappearances nor was there any evidence of
people being abducted, secretly arrested, or clandestinely
detained.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture, prohibited by law under the Constitution, is not
practiced. Cruel, inhuman, or degrading treatment or
punishment is illegal and is neither condoned nor practiced.
There are no summary executions. Treatment of prisoners is
impartial and humane. In addition to constitutional
prohibitions. Legal Notice No. 51 contains specific
regulations on treatment, visiting rights, clothing, etc.,
which are respected in practice. Prisons remain overcrowded,
but prisoners can serve their time and live outside the prison
environment for the last 12 months of sentence and for any
sentence of 12 months or less. Legislation also allows for
gainful employment, in addition to a commitment to perform
public work, while serving extramural sentences. Public
defenders are available, and the Fiji Red Cross has access to
detainees .

d. Arbitrary Arrest, Detention, or Exile

Habeas corpus exists and is honored in practice, and there is
no preventive detention. In addition to constitutional
safeguards. Legal Notice No. 14 establishes detailed rules to
be followed by the police during arrests. A suspect can be
held no more than 24 hours without charge following arrest.
Exile is not practiced.

712

FIJI

Fiji does not permit the use of forced or compulsory labor,
and there have been no reports of either practice.

e. Denial of Fair Public Trial

Public trial is guaranteed by law and honored in practice.
Defendants are entitled to counsel, and counselors have free
access to defendants. Defendants are made fully aware of the
charges brought against them, and they and their lawyers have
access to the evidence upon which charges are based. Fiji's
courts are independent of executive or military control.
There are no special courts, and civilians are not tried by
military courts. Fiji has no political prisoners.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The sanctity of the home is respected. Warrants issued by a
magistrate are required for officials to enter a private
residence. There is no arbitrary intrusion by the State or
political organizations into private life.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedoms of speech and press are guaranteed by the
Constitution and observed in practice. The press is free and
private and not censored or controlled by the Government.
However, Fiji inherited an ordinance from the colonial
administration which allows the Government to order a
correction in the press if the Government believes it has been
misrepresented. This ordinance, though very seldom used, is
resented by the press since it requires giving equal space and
equal placement to the Government's statement. There is no
interference with academic inquiry.

b. Freedom of Peaceful Assembly and Association

There are no impediments to assembly or to freedom of
association, although an ordinance requires obtaining a permit
1 week in advance of any picketing or public demonstration.

Fiji has an active trade union movement, which has the right
to organize, strike, bargain collectively, and lobby; these
rights were exercised freely in 1986. Fiji's 50 trade unions
have about 45,000 members. Unions must give a 28-day notice
of intent before going out on strike in the public sector.
Fiji's largest trade union confederation is associated with
the International Confederation of Free Trade Unions.

c. Freedom of Religion

All religions are tolerated and allowed to practice freely.
There is no dominant religion in Fiji, nor is any singled out
for discrimination. Evangelical religions are free to seek
converts and actively do so.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

All Fiji citizens are free to travel anywhere within the
country and abroad. There are no restrictions on
repatriation. There are no displaced persons in Fiji.

713

FIJI

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Fiji's political structure is designed to accommodate the
special interests of the ethnic Fijians and of the ethnic
Indian community. Election to the House of Representatives is
on the basis of communal and national rolls. House elections
are free and democratic, and many parties contest the seats.
In Fiji's most recent national elections, 84.4 percent of the
voting age population participated. Members of the Senate are
appointed by the Fiji Council of Chiefs, the Prime Minister,
and the leader of the opposition.

Fiji's court system has tried, and in some cases convicted,
persons charged with voting fraud, including a member of the
governing party.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There have been no reported allegations of human rights
violations by the Fiji Government nor any known recjuests for
investigations. Fiji's Ombudsman investigates complaints
against the Government while maintaining the confidentiality
of the complainant. A free, independent, and competitive
press also serves as a watchdog for human rights. There are
no adverse consegTjences associated with actions of either of
these institutions.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Government neither condones nor encourages discrimination
based on sex, race, or religion. The Constitution states that
"every person in Fiji is entitled to the fundamental rights
and freedoms of the individual, that is to say, the right
regardless of race, place of origin, political opinions,
color, creed or sex...". There is a growing awareness among
women of both the Fijian and Indian communities of their right
to participate more actively in social and political
endeavors. However, women in rural areas continue to fulfill
the traditional roles of village life and few women hold
high-level business or political positions. Tribal
inheritance is usually based on a patriarchal system. Women
can and do, however, inherit status as chiefs; Fiji's third
highest ranking chief is a woman.

About 85 percent of the land in Fiji is owned communally by
the indigenous Fijian people (46 percent of the population).
Freehold land title is not an indigenous concept; current
freehold land was alienated from the customary owners during
the colonial period. Approximately 6 percent is government
land, leaving less than 10 percent as freehold land. Communal
and government lands can be leased but not sold; only freehold
land can be purchased outright. The arrangement regarding
land ownership was instituted to protect the interests of
indigenous Fijians from the more economically competitive
Indo-Fi j ians , but some of the latter consider it
discriminatory and an interference with their own freedom to
develop. Some members of the Indian community also complain
that it is difficult for them to obtain government-backed
financing for investment projects.

714

FIJI

Indo-Fijians have generally experienced greater success in the
pursuit of educational studies and in the accumulation of
wealth through investment in private enterprise. Most
businesses in Fiji are owned and operated by Indo-Fijians, and
they are more heavily represented in the civil service. Some
indigenous Fijians view the concentration of Indo-Fijians in
business and government as discriminatory to their own racial
group.

CONDITIONS OF LABOR

Worker rights in Fiji are protected under several pieces of
industrial legislation. No child under age 12 may be employed
in any capacity. Children (persons under age 15) and "young
persons" (age 15-17) may not be employed in industry or in
attendance on machinery. With some exceptions, women and
young persons may not be employed in industry between 6 p.m.
and 6 a.m. There is no national minimum wage; however,
several statutory and nonstatutory bodies have been
established to set minimum wages by sector. Fiji's employment
act protects workers from summary dismissal without just
cause.

A Workmen's Compensation Act and an Accident Compensation Plan
have been enacted to set safety standards in the workplace and
establish guidelines for compensation for workers injured on
the job. Some unions in Fiji have criticized employers and
the Government for failing to take action to remedy unsafe
working conditions after they have been notified of them by
the unions. The majority of such allegations have been made
in connection with Fiji's sugar industry, the largest and most
"industrialized" sector of the economy.

715

U.S. OVERSEAS

■LOANS AND GRANTS" 03LIGATI0NS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: FIJI

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
3. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL.,

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST. ) .. .

FOR PEACE

ANS

ANTS

I-TOTAL

. in $-LOANS....,

IN FOR. CURR

II-TOTAL

lEF.EC.OEY a WFP,

ELIEF AGENCY

R £CON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. HAP GRANTS ,

3. CREDIT FINANCING.
C.INTL MIL.EO.TRNG. -
D.TRAN-EXCES3 STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S ^IL,

LOANS

GRANTS ,

0.3

0.0

1.4

0.0

1.4

0.0

1.4

0.0

1.4

0.0

O.D

0.0

D.O

0.0

1.4

0.0

■ 0.0

0.0

D.O

1.4

OTHER US LOANS....
EX-IM BANI^ LOANS.
ALL OTHER

0.0

0.0
0.0

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

0.0

IBRD

0.0

IFC

0.0

IDA

0.0

IDS

0.0

A03

0.0

AF03

0.0

. 0.0

0.0

UNDP

0.0

OTHER-UN

0.0

O.D

0.0

EEC

0.0

716

INDONESIA

Indonesia is the fifth most populous country in the world and
the largest nation in southeast Asia, with a population
estimated in 1985 at 173 million. Its "New Order" Government,
came to power in 1966 after an abortive Communist Party-backed
coup. Authority is concentrated in a small group of retired
and active-duty military officers and civilian technocrats
under the leadership of President Soeharto. A partly elected,
partly appointed Parliament serves as a forum for consultation
on and promulgation of legislation proposed by the Executive
Branch. In reaction to the legacy of political and economic
turmoil from the Sukarno days, the Government has established
priorities of stability, economic development, and social
equity. While it has achieved some successes in each area,
efforts to achieve wider distribution of economic benefits,
particularly in light of the problems the country faced in
1986, have yet to bridge the enormous disparities in wealth and
access to economic advantages development has brought.

Faced with a wide diversity of ethnic, social, linguistic, and
religious groups, Indonesian governments have sought to create
a unique national identity and develop a governing system which
can accommodate this diversity while assuring internal security
and strengthening national unity. In meeting this challenge,
the Soeharto Government has made "Pancasila" the national
social and political ideology and the centerpiece of its
political program. Pancasila, a centrist and eclectic
formulation, consists of five principles: belief in one Supreme
God, belief in a just and civilized humanity, Indonesian
national unity, democracy, and social justice. To build a
national identity, the Government emphasizes social harmony and
the traditional Indonesian process of consultation and
consensus as a major element in decisionmaking.

Indonesia has a mixed economy with the State involved in nearly
all sectors. The remarkable economic growth over the past 2
decades suffered severe setbacks in 1986 due to the drop in
petroleum and commodity prices and continued domestic economic
inefficiencies. Ethnic Chinese citizens of Indonesia are
heavily represented in the small but economically important
private sector. Indonesia's national ideology and current
5-year economic plan stress improved social welfare for all
without discrimination.

Although there were modest improvements in some areas of human
rights in 1986, problems continue in others. These include
reports of torture and cruel treatment of prisoners and
restrictions on freedom of speech and press, on freedom of
movement and activities of political parties, and on labor
organizations .

The Government continued efforts to consolidate its control and
improve the welfare of the people in East Timor. Periodic
skirmishes between Fretilin guerrillas and the army occurred
with unknown but relatively small numbers of casualties on both
sides. The Government continued to permit selective access,
including escorted diplomatic visits, tours by Western newsmen,
and, for the first time since 1975, a visit by a Portuguese
Parliamentarian. International human rights organizations were
denied general access or permission to observe subversion
trials. As a result of ambitious government plans. East Timor
is benefiting from significant improvements in social services,
particularly education and health centers, communications, and
economic conditions.

717

INDONESIA

In Irian Jaya, Organization for a Free Papua (0PM) rebels have
increased their militant activity, although actions are taken
more often against fellow Irianese villagers than against any
Indonesian Government forces in the province. Over 700
Irianese fled to Papua New Guinea in the past year, reportedly
in response to rebel warnings or fears of OPM and Indonesian
army activity in their home areas.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Covert summary executions of suspected criminals, a campaign
begun in early 1982 in response to the fast-rising rate of
violent crime, virtually stopped in 1986. The Government
stated in July that the campaign of so-called "mysterious
killings" had ended. The specific perpetrators of these
executions have never been publicly identified.

It is believed the incidence of such killings was very low in
1986. It is difficult to estimate the number of killings as
they are frequently indistinguishable from many other acts of
violence, particularly among criminal bands. In early 1986
there were press reports from Central and Eastern Java of
"mysterious killings," closely linked to security forces, which
involved other than suspected criminals. Neither the purpose
nor the perpetrators of these acts became known.

There were no public reports of further implementation of the
1985 police policy of "shoot to kill" in instances of violent
crime. However, a shoot-to-wound policy toward allegedly
escaping criminals in North Sumatra occasionally resulted in
deaths of purported criminals.

In 1986 there were reports which could not be independently
verified of political killings in Irian Jaya or East Timor.
Both are areas of ongoing internal strife between authorities
and local rebel groups, and the Government limits access. The
Government continued to offer amnesty to rebels in both
provinces. Over 50 Fretilin guerrillas reportedly surrendered
in East Timor in 1986 and were permitted, under terms of the
amnesty, to settle within the local community under the
supervision of the police and the church. There are no reports
of rebels in Irian Jaya surrendering to the authorities.

b. Disappearance

Knowledgeable observers report continued incidents of
disappearances in 1986, usually believed to be at the hands of
security authorities operating under special legal provisions
exempting them from the criminal code. Reports are often
unspecific and virtually impossible to confirm as the
Government rarely if ever responds to inquiries concerning
alleged disappearances. Observers believe the number of
disappearances is very small. Many disappearance reports
relate to events that took place before 1986 in East Timor or
following the riots in the Jakarta port area of Tanjung Priok
in 1984. Regularized International Committee of the Red Cross
(ICRC) access to prisons in East Timor and elsewhere in
Indonesia has helped to locate some persons thought to have
disappeared.

718

INDONESIA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Although stated government policy discourages torture and cruel
punishment of prisoners or detainees, instances of torture,
cruel treatment, and even death while under detention are
reported periodically in the press and by knowledgeable
observers. Standard police treatment of detainees, even in
minor incidents, often results in physical abuse. A policy of
shoot-to-wound criminals allegedly attempting to elude arrest,
instituted in North Sumatra in 1985, continued throughout
1986. The local press reported 36 such shootings in Medan in
the first 6 months of 1986, in which all alleged criminals were
shot in the legs. Authorities, and related press reports,
indicate such incidents declined toward the end of 1986
although the program continued. Occasionally victims have died
from their wounds.

In a report on the treatment of Muslim prisoners. Amnesty
International reported in 1986 incidents of intimidation and of
cruel and degrading treatment, including beatings and coercion
of testimony. The Government denied the allegations but no
independent investigations were permitted.

d. Arbitrary Arrest, Detention, or Exile

Although the December 1981 Criminal Procedures Code (KUHAP)
contains protections against arbitrary arrest and detention and
specifies the right of prisoners to legal counsel and
notification of family members, these safeguards frequently are
not respected in practice. Emergency security provisions
permit exceptions under which arrests and detentions may be
made by the Command for the Restoration of Security and Order
(KOPKAMTIB) . The provisions of the criminal code are honored
more often in urban areas than in small towns or remote
provinces, in part because of a shortage of trained trial
lawyers and ignorance of the law by those detained as well as
by the police. Authorities are known to make arrests to
intimidate or inhibit activities; such arrests may have little
or no legal basis, but the vagaries of the legal system
preclude redress of grievances in most cases.

Indonesian law does not specifically include the right of
habeas corpus or its equivalent. The military organization
KOPKAMTIB has wide powers to detain and interrogate persons
thought to endanger national security. These special powers
supersede the criminal code provisions and apply particularly
to cases of suspected subversion, sabotage, secession, or
corruption. Arrests or detentions made under these powers are
rarely if ever made known publicly, although the arrest of
three students from East Timor in 1986 was officially
acknowledged (and the students were subsequently released).
Persons arrested and held under KOPKAMTIB provisions have no
automatic right to legal aid or other protection.

Precise numbers of persons detained without trial are
unavailable. Human rights observers believe there may be as
many as 500 throughout Indonesia. In addition, at the end of
1986, 631 persons remained in detention on Atauro Island, East
Timor, for suspected support of Fretilin. According to
government officials, they will be returned to their home area
of Viqueque when security conditions there permit. Most of the
3,400 other detainees who had been held at Atauro have been
resettled in their home areas; some have been settled elsewhere
in the province and have not been permitted to return to their

719

INDONESIA

original homes, for security reasons according to the
Government. The ICRC continues to provide nutritional and
medical assistance to those still on Atauro.

There have been no reports of the use of forced labor in
Indonesia in recent years.

e. Denial of Fair Public Trial

As government employees, judges in Indonesia come under the
jurisdiction of the executive branch. Legal experts have noted
that interference from the executive branch greatly affects the
independence of the judiciary. A bill to change this is
periodically introduced in Parliament, but none has yet been
passed. Corruption is also a problem in the Indonesian legal
system. In criminal proceedings, defendants are frequently
able to buy their way out of prosecution at various stages of
the proceedings. In civil cases, court decisions are sometimes
influenced by the payment of bribes. In response to these
abuses, the Government from time to time has taken action
against particularly flagrant offenders, but by and large these
practices continue unabated.

In cases involving what could be defined broadly as "security"
issues, particularly instances in which persons are being tried
under the subversion provisions of 1963, the accused are
rarely, if ever, found innocent. No defendant in such a case
is known to have been found innocent in 1986. In all such
security-related cases, it is widely believed the Government
will ensure conviction irrespective of the evidence presented
in court; such convictions are aided by the court's ability to
restrict evidence presented. Although the Government has not
announced data on the number of persons serving sentences for
subversion, one reliable estimate suggests there may be several
hundred. Several subversion trials took place in 1986, most
related to the 1984 Tanjung Priok riots or their aftermath or
to alleged Muslim extremist activity. There were no reports
that in any such trials the accused were found innocent.

Adnan Buyung Nasution, a well-known human rights activist and
one of the defense attorneys for retired General H. R. Dharsono
in his 1985-86 trial, was accused of contempt of court for
behavior during the Dharsono trial. The alleged contempt of
court action took place before Indonesia had any contempt of
court statute. Nonetheless, despite questionable legal
grounds, the Government pursued its case against Nasution.

In the autumn of 1986, the Government executed nine former
Indonesian Communist Party (PKI) activists. The Government
states that all had been tried in the late 1960 's in accordance
with Indonesian law and had been able to appeal their sentences
up to the President. Their appeals were turned down. Various
hvrnian rights organizations, however, have expressed concern
over the conduct and fairness of these trials and subsequent
appeal proceedings. A dozen or more other former Communist
leaders remain in prison under sentences of death.

Indonesia's criminal justice system lacks the number of courts,
trained judges, prosecutors, and police needed to cope with the
increase in crime in recent years. As a result there are
frequently lengthy delays in scheduling trials. Trials are
conducted by a three-judge panel which hears evidence, decides
guilt or innocence, and assesses punishment. Although the
right of appeal is not absolute, it is observed in most cases.
Initial judgements are rarely reversed, although sentences are

720

INDONESIA

occasionally reduced. Most court sessions are open to the
public, and most defendants have access to counsel if they can
pay or, if desitute, find private legal help such as that
provided by the Legal Aid Institute. There is no direct system
of public funding of court-appointed attorneys for those unable
to afford legal assistance.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Judicial warrants for searches are required except for cases
involving suspected subversion, economic crimes, and
corruption. However, forced or surreptitious entry by security
agencies reportedly occurs periodically. Both local and
international telephone calls are believed to be monitored
selectively by government security agencies. Although
correspondence generally is not monitored, letter mail to and
from East Timor is subject to official scrutiny.

Permits ?re required for the import of foreign publications and
video tapes, which must be reviewed by government censors.
Some foreign newspapers and magazines, especially from
Australia, cannot be imported. Foreign publications which do
enter Indonesia are subject to censorship. The import of
Communist publications is prohibited. Excepting one
quasi-official daily newspaper which uses Chinese characters
and claims a circulation of over 100,000, Chinese language
publications can neither be imported nor produced
domestically. Chinese characters are routinely blotted out of
foreign news photos and advertising. There are no laws against
speaking Chinese, but the Government lays heavy stress on the
learning and use of the national language, Bahasa Indonesia, to
promote national unity.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press is circumscribed. The Constitution
gives Parliament the authority to legislate these
restrictions. In recent years. Parliament has helped create a
body of law delimiting the rights of individuals and of the
Government. In the absence of implementing regulations for
many of these laws, different government agencies frequently
interpret them as they choose. The result is that these
agencies have considerable discretionary authority in the
field of civil rights, e.g., freedom of the press and speech.
Governmental concern about public statements or publications
which could be perceived as critical of the Government, and
therefore threatening to the nation's stability, is a major
factor inhibiting the exercise of free speech and press.

Opposition groups are generally free to meet privately and
formulate views, but they are inhibited from disseminating them
publicly because of media reluctance to risk official
disapproval or because of informal government instructions not
to publish the opinions of or news about prominent opposition
figures. As in past years, authorities provided general topic
guidelines to Muslim speakers during the Muslim holidays when
preachers addressed large gatherings. In a few instances
preachers who went beyond these guidelines were arrested.

Authorities canceled public readings by popular poet Rendra in
Jakarta and at a literary gathering in Jogjakarta for
anticipated "inappropriate" topics, although subsequent

721

INDONESIA

readings of other material have been permitted. A play by
Rendra with substantial political undertones was permitted to
be staged in 1986 in Jakarta and drew record audiences despite
the high ticket price.

The general lack of specific, clear guidelines on what is
permissible has generated a significant degree of
self-censorship both in public speaking and in the press.
School faculties sometimes refrain from producing materials,
including dissertations, which they believe might provoke
government displeasure. Publishers also are unwilling to
accept manuscripts dealing with controversial issues. Foreign
books critical of the Government or dealing with sensitive
topics, such as human rights, similarly are avoided by
importers. Foreign periodicals, readily available in
Indonesia, are scrupulously censored by their private importers
in order to avoid government confiscation of the materials.
With few exceptions this self-censorship is thorough and
effectively responds to government concerns.

The press is largely privately owned. While espousing a "free"
press, the Government expects the media to be "responsible" by
supporting national economic development goals and domestic
stability. While journalists and publishers practice
considerable self-censorship, the Government closely monitors
the media for material it finds unacceptable. In such
instances, editors or journalists routinely receive oral
instructions from government officials about news which cannot
be reported. Articles and editorials do address sensitive
issues, however, and within the vaguely defined limitations,
journalists sometimes have surprisingly wide latitude.

There are nonetheless very real limits. In October 1986, the
Government closed down the major Jakarta daily, Sinar Harapan,
for printing a government working paper proposing economic
changes. Subsequent to the closing of Sinar, three other
newspapers received written government warnings and two
received oral warnings to avoid printing "speculative" articles
which could "create uncertainty and confusion among the
public." In November the Government banned three issues of the
Asian Wall Street Journal which featured exposes of the
Soeharto family's business dealings.

Earlier in the year, in response to articles in the Australian
press about Soeharto family and associates' government-favored
businesses, the Government banned Australian journalists from
the country and deported two who had come as part of the White
House press corps for President Reagan's visit to Bali. A
regional New York Times correspondent also was not permitted to
remain in the country at the same time. Later in the year the
Government permitted her to reenter. Two resident American
correspondents for the Far Eastern Economic Review were
rec[uired to leave during the year, apparently because of
government dissatisfaction with their reporting.

The Attorney General banned several books, both foreign and
Indonesian. There is a single government-operated television
network. Private radio stations, of which there are more than
400 throughout the country, are restricted to using government-
provided news programs.

b. Freedom of Peaceful Assembly and Association

Regional and national meetings of virtually all organizations
must have government permission, and local jurisdictions often

722

INDONESIA

require prior approval for smaller gatherings as well. While
such approval is usually granted, local authorities can and do
withhold permission. Student gatherings are frequently the
target of such disapprovals. There are restrictions on
meetings in East Timor, where the Government authorizes public
assembly for social and ceremonial events and, as long as there
is no perceived security risk, for political parties.

In mid-1985 the Parliament passed a "Social Organizations" law
(known as the "ORMAS Law") which requires all organizations,
including religious orders and associations, to accept the
state ideology of Pancasila as their sole principle. The law
empowers the Government, with the approval of the Supreme
Court, to disband any organization it believes to be acting
against the tenets of Pancasila. The Government took no such
actions in 1986. In addition, government approval is required
before any organization can accept funding from foreign
donors .

Indonesian workers are organized in a single national body, the
SPSI . It has a total membership of some 3 million out of a
work force of 65 million, in which some 15 million persons are
employed in the industrialized sector. The SPSI is the only
trade union body legally permitted in Indonesia, and all
organized workers must belong to it. The Government
established this organization in 1985 as a replacement for the
preceding quasi-independent national labor federation FBSI .
Political activity by the SPSI is forbidden. It is not
permitted to organize civil servants or workers in
government-owned enterprises nor in major sectors of the
economy declared by the Government to be vital, such as air
transportation and oil. However, some professional
organizations, such as those for teachers, do act as unions in
some respects. Although Indonesia is a party to a number of
International Labor Organization (ILO) conventions on the right
to organize and bargain collectively and on forced labor,
government officials have made clear that Indonesia's
obligations under these conventions will not be allowed to
interfere with "Pancasila" labor relations.

Restrictions on the SPSI's autonomy include the imposition of
government appointees in many of it positions, a requirement
that its senior officials be active members of the government-
sponsored GOLKAR (see Section 3), and extensive government
intervention in labor-management relations. The law requires
government permission for strikes, which as a matter of
practice is never given.

c. Freedom of Religion

The constitutional guarantees of religious freedom apply only
to those religions recognized by the state — Islam,
Christianity, Buddhism, and Hinduism. Although the Indonesian
population is overwhelmingly Muslim, practice and teaching of
the other recognized faiths are permitted. A plethora of
mystical and other "folk religions" and sects also exists; a
number of these have been banned, affecting perhaps 20,000
adherents, while others are actually encouraged by government
leaders. While it appears that the Government tolerates
private practice of banned religions, adherents of these groups
are occasionally harassed by local authorities. The legal
requirement to accept Pancasila as governing ideology extends
to all religious, as well as secular, organizations. A 1972
letter of the Supreme Prosecutor reiterated a Presidential
Decree of 1962 banning membership in Jehovah's Witnesses and

723

INDONESIA

the Baha ' i faith. Although technically belief in one of these
faiths is not prohibited, legal decisions based on the 1972 and
the 1962 decrees made clear that such belief implies
membership, which is illegal. Baha 'is from time to time are
harassed or discriminated against by authorities for their
religious beliefs and several have been strongly pressured to
convert to Islam. Because the first tenet of Pancasila
specifies belief in a Supreme Being, atheism is forbidden.
Some animists in remote parts of Indonesia have reportedly been
pressured to convert to Islam or Christianity in order to
fulfill the requirement of belief in a Supreme Being. There
are no legal bars to religious conversion, and conversions
between faiths do occur. However, proselytizing in heavily
Islamic areas is seen as potentially disruptive and is
discouraged. For this reason, restrictions on the activities
of foreign missionaries, such as difficulty in obtaining or
renewing visas or residence permits, are periodically imposed
in such areas. In other areas, missionary activities are
relatively unimpeded and in fact are welcomed in remoter
districts, where government resources in fields such as
education and health are insufficient.

Official holidays include Christian, Hindu, and Buddhist, as
well as Muslim holy days. Indonesian Muslims, Christians, and
Buddhists maintain active links with coreligionists inside and
outside Indonesia. Travel to religious gatherings is
permitted. Hajj trips to Mecca are available only through
government-organized and priced tours. A set number of
pilgrims is permitted to make the hajj annually.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Although movement within Indonesia generally is unimpeded,
restrictions do exist. The Government recjuires permits to
change residence in certain areas, primarily to control the
further shift of population from rural to urban locations.
Since 1958-59, noncitizen ethnic Chinese have been denied the
right to live in rural areas of Java. There are restrictions
on movement to and within East Timor and within parts of Irian
Jaya. A majority of rural East Timorese living in the central
and eastern parts of the province have been resettled in
government-provided housing since 1979 to isolate them from
Fretilin rebels and to facilitate their access to health,
education and other government services. Former political
detainees associated with the abortive 1965 coup attempt are
required to notify authorities of travel away from their
homes. Members or alleged supporters of the PKI outside
Indonesia have not been allowed to return except on a
case-by-case basis. The Government has tried to keep track of
all of the 2.5 million former members of the PKI and some 20
million members of its front groups. However, government
statements indicate that it has lost track of several million
of them (including fairly senior members).

The Government periodically restricts foreign travel of
domestic critics and others in disfavor with it. Some 5,000
Indonesians currently are not permitted to leave the country,
and this number includes critics of the Government, those
arrested in the student riots of 1974, and others. However,
other critics of the Government are free to travel abroad, and
a person banned at one time may be permitted to travel
subsequently. Students do not need government permission to go
abroad to study. A Rp. 250,000 (US $150) departure tax, while
instituted as a means to restrict travel abroad and thereby

724

INDONESIA

save foreign exchange, has by itself the effect of limiting
freedom of foreign travel.

The Government continued with preparations to move several
thousand "illegal immigrants" to the Island of Sumba . None has
been moved to date. Most of these are understood to be Chinese
who left Indonesia for China in the 1950 's and 1960 's. They
subsequently returned to Indonesia but are considered by the
Indonesian Government to have reentered illegally.

Under its humane refugee policy, Indonesia has given first
asylum to over 100,000 Indochinese refugees since 1975. The
Indochinese refugee population stood at 4,400 at the end of
1986. In cooperation with the U.N. High Commissioner for
Refugees (UNHCR) , the Government also provided one of the
region's three refugee processing centers, where Indochinese
refugees who landed in Indonesia received training to prepare
them for permanent residence in other countries. In view of
decreasing need, the training center was closed by UNHCR in
October .

In 1986 perhaps over 700 residents of Irian Jaya crossed into
territory of Papua New Guinea, joining Irianese already in
refugee camps in that country. Virtually all primitive tribal
people, they reportedly fled their homes in response to rebel
warnings, fears of Indonesian government and 0PM clashes or
other disturbances in their home areas. 0PM allegations of
Indonesian military reprisals against border crossers
apparently discouraged most from returning to their homes.
Foreign Minister Mochtar, however, reported some 5,000 border
crossers have returned to Irian Jaya since 1984, and the
Indonesian Government has given the Government of Papua New
Guinea their names. (See Papua New Guinea report for
additional details.)

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Government's authority is largely concentrated in the hands
of a small group of active-duty and retired military officers
and civilian technocrats led by President Soeharto. This
system ensures the continued preeminence of the military in all
fields of govet jnental activity. The Parliament, political
parties, and the general public have little ability to
influence government decisions. However, particularly in
budgetary matters, including military procurement, civilian
technocrats exercise decisive influence, and government
ministers are obliged to defend their departments' budgets and
programs before parliamentary committees, the proceedings of
which receive good press coverage.

Elections for Parliament, held every 5 years, are scheduled for
April 23, 1987. All adult citizens, except active-duty members
of the armed forces and convicted criminals serving prison
sentences, are eligible to vote. In mid-1985 the Government
announced that thousands of persons implicated in the 1965
PKI-inspired coup attempt or accused of sympathies or
affiliation with the PKI or associated organizations may be
permitted to vote for the first time under the New Order
Government. To do so, however, they were required to pass a
stringent government review of current and past activities to
ensure no lingering PKI taint. There has been no announcement
of how many will be cleared to vote.

725

INDONESIA

In national elections, voters cast ballots for party lists of
candidates for national, district, and local assemblies. While
voting is not mandatory, there are strong social pressures to
participate. Protest votes take the form of blank or
deliberately spoiled ballots.

Currently, the military is represented in Parliament by 75
appointed members, who join the 360 elected members and 25
other appointed ones for a total of 460. In accordance with
the 1985 law, in the 1987 election 400 members of Parliament
will be elected; there will be 100 appointees, all from the
military. The President is elected by the People's
Consultative Assembly (MPR) , which consists of Parliament plus
an equal number of members appointed by the President and
regional governments. The MPR meets after the general election
to promulgate a political program for the coming 5 years and to
elect the President and Vice President. Its next meeting is
set for March 1988.

Parliament considers laws presented to it by government
departments and agencies but does not draft laws on its own.
The Government seeks to resolve any potential parliamentary
concerns before the bills are officially presented. Parliament
can and does change the text and occasionally intent of bills
it reviews. Bills of major significance, however, are often
passed with little or no alteration. Usually Parliament works
on the basis of consensus, not majority voting, to resolve any
differing views during committee consideration of a bill.

A 1975 law limits the number of political parties to three.
One of these is made up of four former Muslim political parties
and another of former nationalist and Christian parties.
Members in these two parties occasionally reflect their earlier
party affiliations, thereby exacerbating factional splits in
their new parties. Party leaders are approved or named by the
Government, and party activities are closely scrutinized and
often guided by government authorities. These factors weaken
the parties' election prospects and diminish their ability to
represent effectively their constituents' concerns to the
Government. The third, GOLKAR, is a longstanding,
government-sponsored organization of functional groups which
serves a role similar to that of a political party. In the
three national elections since 1971, GOLKAR has won with more
than 60 percent of the vote each time. Civil servants and
their families are expected to vote for GOLKAR. Districts
which support non-GOLKAR candidates may find government
resources devoted to development projects in the area reduced.
The two parties and GOLKAR are prohibited from organizing and
operating officially below the district level except during
election campaigns. Critics contend this system gives GOLKAR
an advantage, since its civil service members have constant
access to small towns and villages because of their official
duties. All candidates for election to Parliament must pass a
Government security check before their names appear on ballots.

The PKI, the former Socialist Party (PSI), and a formerly
powerful Muslim party, MASYUMI , linked with separatist
rebellions in the late 1950 's are specifically banned. With
rare exceptions, members of the first and many leaders of the
last are not allowed to run for office or to be active
politically.

726

INDONESIA

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government considers outside investigations of alleged
human rights violations to be interference in its internal
affairs. Amnesty International representatives, for example,
have been refused access to Indonesia (and East Timor, in
particular) because of their organization's continued criticism
of the Government and the Government's belief it is biased.
Similarly Asia Watch and other international human rights
groups have -been denied permission to visit. There is no local
chapter of Amnesty International, although individual citizens
may have memberships. The Government is hostile toward
citizens who maintain close ties with foreign human rights
organizations and reportedly has arrested at least one person
who allegedly passed human rights-related information to such
an organization. He was later released. Local human rights
activists complain that the Government uses harassment, press
censorship, financial controls, and other forms of intimidation
to suppress meaningful human rights activities.

Under an agreement the Government concluded with the ICRC in
1985, the ICRC continues to conduct regular visits to persons
jailed in connection with events in East Timor; to provide
medical and food aid to detainees on Atauro Island as well as
to assess the situation of those persons returned to the main
island after having been held on Atauro; to carry out
medical-nutritional surveys in vulnerable villages in East
Timor; and to reunite divided families in East Timor and abroad
(mainly Portugal). In addition, the ICRC is permitted to visit
prisoners convicted of participation in the 1965 PKI-backed
attempted coup.

The Government was critical of Amnesty International's 1986
report on what Amnesty International termed Muslim "political
prisoners" and denied that these prisoners were being treated
cruelly or inhumanely. The Government normally does not
respond to specific allegations from foreign organizations or
to public queries on human rights-related cases.

A number of domestic organizations are concerned with human
rights. The Department of Justice has an agency charged with
drafting legal codes to replace colonial laws still in effect.
This agency also has responsibility for the establishment of
legal documentation facilities and for programs to inform
citizens of their legal rights. In addition, several state
university law departments and private groups associated with
mosques and churches are involved in providing legal counseling
services .

There are private legal aid organizations which help in a wide
variety of legal cases, including those accused of subversion
or related activities, by defending or representing aggrieved
parties in court and by stimulating press attention and
discussion. These private legal aid organizations have
established offices in many larger Indonesian cities. They are
dependent on donations, many of which come from foreign private
or government donors, for which Government approval is required
and sometimes refused. Human rights activists in Indonesia
contend that the ORMAS Law passed in mid-1985 is a direct
attempt by the Government to monitor and influence hiiman rights
activity in the country.

727

INDONESIA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Indonesian women generally enjoy a high degree of economic and
social freedom, and there is significant cultural latitude for
women's participation in public life. The status of women is
much higher in the middle and upper classes than in any rural
or working-class group. Women occupy important mid-level
positions in the civil service, educational institutions, labor
unions, the military, the professions, and private business.
The Cabinet named in 1983 includes two women: The Minister of
State for Women's Affairs and the Minister for Social Affairs.
Although legislation guarantees women equal treatment, women
seldom receive equal pay for equal work. In addition to a
government-sponsored women's organization in which membership
and participation are mandatory, there are several voluntary,
private groups which work to advance women's legal, economic,
and political rights. Chief among these is KOWANI (Congress of
Indonesian Women), an umbrella organization for some 55 women's
groups .

Ethnic Chinese are pressured to take Indonesian names. While
they are also encouraged to become citizens, some Chinese find
legal avenues to citizenship blocked or are discouraged by the
time-consuming and expensive task of obtaining citizenship
documents. Chinese who have been unable to obtain Indonesian
citizenship, although perhaps born in Indonesia, can lose their
right to residence should they be abroad for a period of more
than 3 months. Government regulations prohibit the operation
of all-Chinese schools and institutions of higher learning,
teaching in Chinese languages, the formation of exclusively
Chinese cultural groups or trade associations, and the use of
Chinese characters on signboards or in publications. However,
social and religious groups which are, in effect, all-Chinese
are not proscribed and do exist.

CONDITIONS OF LABOR

Employment of children under age 14 is forbidden by the basic
labor law of 1948. The law also established an 8-hour day,
48-hour week, 1 rest day per week, and a definite vacation
period. An extensive body of labor law and ministerial
regulations provide for minimum standards of industrial health
and safety. In practice, these statutes are rarely observed.
Indonesian law provides that the Department of Manpower Office
in each region shall, at regular intervals, establish a minimum
wage for its particular region. A new minimum wage for
Jakarta, for example, was established in November 1985 at $1.18
per day. The range of regional minimum wages is from a high of
$1.18 per day in some areas to a low of 50 cents per day in
others. The Department of Manpower and the Central Statistical
Office also report for each region a minimum physical needs
figure.

Wages of many workers in the modern sector exceed minimum wage
figures, and the Government and labor unions are working
seriously to raise minimum wages to meet minimum physical
needs' figures. Observance of the minimum wage regulations
varies from sector to sector and region to region. Reliable
figures on the total compliance situation do not exist.

66-986 0-87-24

728

U.S.0VERSE4S

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: INDONESIA

1934

1935

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST,
OANS. . .. ,
RANTS...,

•TOTAL..

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..,
R PEACE

3TAL

N $-LOANS.....
FOR. CURR....,

TOTAL ,

.EC.DEV 5 WFP.
EF AGENCY....,
CON. ASSIST..,

Ce CORPS,
COTICS. .,
ER ,

H.MIL. ASSIST. -TOTAL..

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING...
C.INTL MIL.EO.TRNG. ..
O.TRAN-EXCESS STOCK..
E. OTHER GRANTS

III. TOTAL ECON. & MIL..

LOANS.

GRANTS

116.2

114.4

65.9

90.8

72.7

28.8

25.4

41.7

37.1

74.7

72.0

65.9

54.8

36.7

28.8

19.9

35.3

37.1

0.0

D.O

0.0

41.5

42.4

0.0

36.0

0.0

5.5

6.4

0.0

36.0

0.0

36.0

0.0

0.3

0.0

5.5

6.4

0.0

1.2

0.0

4.3

6.4

0.0

3.0

0.0

o-.o

0.0

47.4

34.3

21.0

45.0

32.3

19.1

2.4

1.8

1.9

0.0

45.0

32.5

19.1

2.4

1 .3

1.9

0.0

163.6

148.7

86.9

135.3

105.2

47.9

27.8

43.5

39.0

OTHER US LOANS 162.5

25.6 0.0

EX-IM BANK LOANS 162.5

ALL OTHER 0.3

23.6 0.0
3.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

1572.4

1440.7

1 6 1 1... 3

13991.5

IBRD

1033.4

972.7

1132.3

9138.4

IFC

7.1

1.2

9.8

178.1

IDA

0.0

931,. 4

103

0.0

AOB

523.0

414.5

469.2

3477.7

AFDB

0.0

, 0.0

0.0

UNDP

3.9

7.9

0.0

126.0

OTHER-UN

0.0

44.4

0.0

139.9

EEC

0.0

729

JAPAN

Japan is a parliamentary democracy in which democratic
institutions are firmly established. Its industrial free
market economy is the second largest in the world in terms of
gross national product. Japan's culture incorporates many
elements from the West while retaining strong Eastern roots.
Buddhist, Shinto, and Confucian traditions continue to have a
basic and pervasive influence on thought and social
institutions, but several minor religions also flourish. Less
than 1 percent of the population is Christian. Although the
Japanese are receptive to foreign ideas, the citizens of this
densely populated nation have a cultural, ethnic, and racial
homogeneity which makes them less willing to integrate alien
residents in Japan into their society. While the legal system
has gradually evolved toward granting equality of opportunity
to minorities, there has been little change in the social
prejudice against Koreans, around 680,000 of whom are first,
second, and third generation permanent residents, in addition
to the approximately 120,000 naturalized Japanese nationals of
Korean ancestry. An estimated 1.2 million descendants of
persons historically considered to be outcasts ( "Burakumin" )
also suffer social but not legal discrimination.
Additionally, there are reportedly over 24,000 descendants of
Ainu, Japan's indigenous people, now concentrated in Hokkaido,
who also claim social discrimination against them.

The Japanese Constitution states, "All of the people are equal
under the law and there shall be no discrimination in
political, economic, or social relations because of race,
creed, sex, social status, or family origin." The human
rights guaranteed by the Constitution are secured by a just
and efficient legal system. Political liberties are
guaranteed to all nationals, and nearly 70 percent of the
electorate usually vote in general elections, which involve
candidates from six freely-functioning political parties. The
right of workers to organize, bargain, and act collectively is
guaranteed by the Constitution.

The Equal Employment Opportunity Law, prohibiting
discrimination in the workplace based on sex, took effect
April 1, 1986, but has yet to have a significant impact on the
employment practices of Japanese corporations.

RESPECT FOR HUMAN RIGHTS

Section 1 Recpect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no cases of murder for political motives on the
part of the Government. In August there was an early morning
attack by ultraleftist radicals connected with one union on
leaders of rival unions, one of whom was killed. This attack,
however, appears to have been related to an internal power
struggle among these railway workers unions, and not a part of
a larger campaign of political violence or intimidation.

b. Disappearance

There were no cases in which people were abducted, secretly
arrested, held in clandestine detention, or held as hostage by
security forces or any other organization.

730

JAPAN

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Freedom from torture, and cruel, inhuman, or degrading
treatment or punishment is guaranteed by the Constitution and
respected in practice. There is no evidence that penal
treatment varies by social class, sex, or religion.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest or imprisonment is guaranteed by
the Constitution and respected in practice. Japanese law
provides for judicial determination of the legality of
detention. People cannot be detained without charge, and
prosecuting authorities must be prepared to demonstrate before
trial that probable cause exists to detain the accused. The
length of time before a suspect is brought to trial depends on
the nature of the crime, but rarely exceeds 2 months; the
average is 1 to 2 months. Preventive detention does not
exist .

The key statute protecting workers, the Labor Standards Law of
1947, prohibits the use of forced labor, and there are no
known cases of forced or compulsory labor.

e. Denial of Fair Public Trial

The Constitution guarantees the right to a speedy and public
trial by an impartial tribunal in all criminal cases, and this
right is respected in practice. The defendant is informed of
charges upon arrest and guaranteed a public trial by an
independent civilian court with defense counsel and the right
to cross-examination. The Constitution guarantees defendants
free and private access to counsel, although this right may be
abridged in practice, as well as the right not to be compelled
to testify against themselves. Defendants are also protected
from the application of ex post facto laws and have the right
of access to incriminating evidence after a formal indictment
has been made and generally before trial. Judges are
appointed by the Cabinet for permanent terms but face periodic
review through popular referendum. A defendant who is
dissatisfied with the decision of a trial court of first
instance may, within the period prescribed by law, appeal to a
higher court. There is no trial by jury in Japan.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under the Constitution, each search or seizure must be made
upon separate warrant issued by a judicial officer. Japanese
authorities have been scrupulous in observing the legal
requirements for warrants. The standards for issuing such
warrants exist to guard against arbitrary searches. There are
no reports that the Government or any other organization has
arbitrarily interfered with privacy, family, home, or
correspondence .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Japanese Constitution, an independent press and judiciary,
and a functioning democratic political system combine to
ensure freedom of speech and press.

731

JAPAN

b. Freedom of Peaceful Assembly and Association.

These freedoms are guaranteed by the Constitution and
respected in practice.

The Constitution guarantees unions the right to organize,
bargain, and act collectively. Japanese law also allows them
to lobby and to make political campaign contributions. Unions
actively engage in all of these. They are involved also in
international bodies and bilateral exchanges. Slightly under
30 percent of the active work force belong to labor unions.
Public employees do not have the right to strike but do have
recourse to mediation and arbitration in order to resolve
disputes. Members of the armed forces, police officers, and
firefighters are not permitted to organize. In exchange for a
ban on their right to strike, government employees' pay raises
are determined by the Government based on a recommendation by
the independent National Personnel Authority (NPA) . Citing
tight finances, however, the Government in 1986, as in
previous years, has not fully implemented the NPA
recommendations for wage increases.

In response to this, the General Council of Trade Unions of
Japan (SOHYO) again has filed a complaint with the
International Labor Organization (ILO). The ILO Committee on
Freedom of Association has urged Japan to respect the NPA
recommendations and also has asked that Japan establish new
procedures for deciding wages and working conditions for
government employees.

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and
respected in practice. While Buddhism and Shintoism remain
the two major religions, there are many others, including
several Christian denominations. Missionaries are welcome and
receive special visa status. Some temples and shrines, as
treasured national properties, receive public support for
maintenance.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation.

Japanese citizens have the right to travel freely, both within
Japan and abroad, to change their place of residence, to
emigrate, and to repatriate voluntarily. Nationality is never
revoked.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

As a parliamentary democracy, Japan is ruled by the political
party or parties able to form a majority in the lower house of
its bicameral Diet. The Liberal Democratic Party, which has
been in power continuously since 1955, won a substantial
parliamentary majority in the July 1986 national elections.
Five opposition parties are active. All adult citizens have
the right to vote by secret ballot. Political interest groups
can organize and engage in nonviolent political activity
regardless of political beliefs. Well-organized labor unions
ensure participation by workers in the political process.

732

JAPAN

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Various groups have petitioned the office of the United
Nations Commission for Human Rights (UNHRC) to take up
allegations of discrimination against Koreans in Japan and of
maltreatment of mental patients. The Government responded to
the complaints, and the UNHRC decided not to take up these
matters for further discussion or investigation. The adequacy
of the mental health system has been criticized by the
International Commission of Jurists (ICJ), and the Government
has taken some steps to improve mental health institutions.

Through its membership in the UNHRC, the Government works for
improvement of human rights practices in other countries.
There is a Human Rights and Refugee Division in the Ministry
of Foreign Affairs to give long-range attention to these
matters .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are some 23.6 million women workers in Japan, comprising
39.7 percent of the employed population. Discrimination by
private employers against women is prohibited by the
Constitution and by legislative measures adopted over the past
30 years to accord women the same legal status as men. In
April 1986, an equal employment opportunity law came into
effect. This law is intended to eliminate sex discrimination
in such areas as recruitment and hiring, pay inequality, and
the amount of night or overtime hours that can be worked.
However, the law has been criticized as containing no concrete
measures, such as penalties for violators, to ensure equality
for women workers. In any case, it appears that passage of
this legislation will not change the prevailing social
attitudes which discourage women from assuming positions of
managerial responsibility. It is true that most women workers
(86 percent according to one authoritative survey made in
1985) have no interest in management positions and still
prefer marriage and motherhood to careers. But those who do
wish to pursue careers find many obstacles remaining in their
way and are unlikely to advance as quickly as their male
counterparts. Significant disparities remain between the
salaries of men and women workers.

As a homogeneous nation with a long tradition of isolation
from other cultures, Japanese society is not willing to
integrate alien residents despite its general receptivity to
foreign ideas. Entrenched social prejudice against both
Korean residents (most of whom were born, raised, and educated
in Japan) and members of the "Burakumin" community
(descendants of feudal era "outcasts" who practiced so-called
"unclean" professions such as hide tanning) restricts the
access of both groups to private housing, employment, and
marriage opportunities.

In recent years the Government has enacted several laws and
regulations extending to permanent resident aliens, 82 percent
of whom are Koreans, the benefits of equal access to public
housing and loans, social security pensions for those who
otherwise qualify, and certain public employment rights. The
Foreign Ministry now pronounces Korean names according to the
Korean rather than the Japanese reading of name characters.

733

JAPAN

Rectifying another issue of concern to resident Koreans, the
Government recently announced it intends to revise the
fingerprinting provisions of the Alien Registration Law,
dropping the requirement that foreign residents be
fingerprinted every 5 years and substituting a one-time only
rec[uirement . The Government also has extended until 1987 a
Special Measures Law (first issued in 1969) designed to help
assimilate Burakumin into mainstream society through a number
of social, economic, and legal programs.

According to law, aliens with 5 years' continuous residence
are eligible for naturalization and the simultaneous
acquisition of citizenship rights, including the right to
vote. In fact, however, relatively few eligible aliens have
been naturalized. Naturalization is a difficult and
complicated process requiring "proof of assimilation into the
Japanese culture," and many Korean residents are unwilling to
seek naturalization on the grounds that their cultural
identity would be erased by the requirements. Korean human
rights activists have urged Japan to restore unconditionally
the citizenship which Korean residents of Japan had previously
but which was revoked after World War II.

CONDITIONS OF LABOR

The Labor Standards Law of 1947 provides for an 8-hour day, a
48-hour week, and an overtime rate of time and a quarter.
Workers under the age of 18 may not be employed in dangerous
or harmful work, and minors under 15 years of age may not be
employed as workers. A system fixing minimum wages on
industry and regional bases was introduced by the Minimum
Wages Law of 1959. The Ministry of Labor administers various
laws and regulations governing occupational health and safety,
principal among which is the Industrial Safety and Health Law
of 1972.

734

KIRIBATI

Kiribati's 33 islands, scattered across an enormous area of
the central Pacific, total only about 750 square kilometers
and are populated by only 63,000 people (July 1986). Most of
the people are a Micronesian and Polynesian mixture. Kiribati
gained full independence from the United Kingdom in 1979 and
became a' republic within the Commonwealth of Nations. It has
a nationally elected president and a 35-member legislative
assembly which is elected by universal suffrage. The economy
is very small; a majority of the people being engaged in
subsistence activities. Isolation and meager resources,
including poor soil and limited arable land, severely limit
prospects for economic development. Fishing is viewed as one
of Kiribati's few economic hopes. There were no important
human rights issues in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no politically motivated killings by the Government
or by opposition political parties.

b. Disappearance

There were no disappearances, nor was there any evidence of
people being abducted, secretly arrested, or clandestinely
detained.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and inhuman or degrading punishment or other such
treatment are forbidden by the Constitution, and there were no
reported instances of such practices

d. Arbitrary Arrest, Detention, or Exile

The Constitution contains safeguards against arbitrary arrest
and detention. Forced labor is prohibited. There is no
exile, internal or external.

e. Denial of Fair Public Trial

The right to a fair public trial is guaranteed by law and
observed in practice. The Constitution provides that an
accused person be informed of the nature of the offense with
which he is charged and be provided adecjuate time and
facilities to prepare his defense. The right to confront
witnesses, present evidence, and appeal convictions is
enshrined in law. The judiciary is independent of government
interference. There are no "special" courts. Kiribati has no
political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The privacy of the home is protected in law and respected by
the Government. There is no arbitrary intrusion by the state
or political organizations into the private life of the
individual .

735

KIRIBATI
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are guaranteed by the Constitution
and observed in practice. Kiribati's radio station and sole
newspaper are government owned. There are also newsletters
and other periodicals published by churches in Kiribati.
Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

Kiribati's Constitution guarantees freedom of assembly and
association, including the right of a person to form or belong
to associations for the advancement or protection of his
interests. There are no significant restrictions. Kiribati
has a relatively strong and. effective trade union movement.
In 1982 the 7 trade unions registered in Kiribati merged to
form the Kiribati Trade Union Congress (KTUC) . It has
approximately 2,500 members, most of them drawn from the
public service. The KTUC is affiliated with the International
Confederation of Free Trade Unions and is involved in an
ongoing trade union education program under the auspices of
the International Labor Organization (ILO).

c. Freedom of Religion

Complete freedom of religion prevails in Kiribati. There is
no state or preferred religion. Missionaries are free to seek
converts and actively do so.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Kiribati citizens are free to travel within the country and
abroad. There are no restrictions on repatriation. Kiribati
has no displaced persons.

Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government

The Government of Kiribati is chosen by the people in free and
open elections. Although in 1985 a loosely knit political
party coalesced around opposition to the Government on a
single issue, Kiribati has no formalized party system. The
"government" faction in Parliament generally has consisted of
those representatives chosen by the President for cabinet
posts. Members of both the "government" and "opposition"
factions may oppose the President, depending upon the issue
under consideration.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There have been no reported allegations of human rights
violations by the Government of Kiribati nor any known
requests for investigations. There are no local
nongovernmental organizations which concern themselves with
human rights. The Government has not taken an active interest
in international affairs, including international hiiman rights
matters. Kiribati is not a member of the United Nations.

736

KIRIBATI

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution prohibits discrimination on the basis of
race, creed, or national origin. There were no reports of
discrimination in the provision of social services by the
Government. Education is free and compulsory through the
first six grades.

CONDITIONS OF LABOR

Kiribati law prohibits the employment of children under age 14.
Children age 15 are prohibited from industrial employment and
employment aboard ships. Males under age 16 may not be
employed in mines. Males under age 18 are prohibited from
employment at night; and may not work in or aboard ships
unless suitably trained and certified medically fit. Females
may not work at night except under specified circumstances
(generally in service jobs such as hotel clerks). Women are
provided up to 12 weeks of maternity leave and are entitled to
not less than 25 percent of their regular salaries during such
leave. Nursing women are allowed one-half hour twice a day
during working hours to nurse a child.

Employment laws also provide basic health and safety standards
for the workplace. Employers must, for example, provide an
adequate supply of clean water for their workers and must
ensure the existence of sanitary toilet facilities. Employers
are liable for expenses of workers injured on the job.
Although legislation authorizing the Government to set minimum
wages exists, it has not been implemented yet. An expert,
funded by the ILO, is presently preparing a study for the
Government on procedures for establishing minimum wages.

737

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA*

The Democratic People's Republic of Korea, formed in 1948
during the Soviet administration of the northern half of the
Korean peninsula, is a rigid Communist dictatorship maintained
by the ruling Korean Workers' (Communist) Party (KWP), with
its overriding aim of imposing a social revolution and
enforcing unanimous popular support for the country's
governing system and its leader, Kim II Sung. Individual
rights are entirely subordinated to the KWP. Although there
were pro forma elections to the Supreme People's Assembly in
November, free elections do not exist since citizens have no
choice among candidates.

The North Korean people are subject to rigid controls. The
State establishes security ratings for each person, and these
ratings determine access to jobs, schools, medical facilities,
and stores as well as admission to the KWP, the route to the
highest levels and privileges of the society. The party,
government, and military elite enjoy significant economic
privileges such as access to special stores and medical
facilities, better housing, and better education, which are
not available to ordinary citizens.

Persons who fail to conform to the rigid dictates of the State
face imprisonment or, more often, enforced removal to remote
villages. Surveillance by informers is prevalent. Punishment
for "political crimes" against the State is severe. No
outside information other than that approved and disseminated
by the North Korean authorities is allowed to reach the
general public, although senior government officials are
somewhat better informed.

President Kim II Sung's 13-year effort to groom his son, Kim
Chong II, as his successor is testimony to the enormous power
the elder Kim has am.assed during 38 years of rule. The
younger Kim has been elevated to several senior party
positions during the last few years. The absence of any
evidence of public debate about the succession is also
indicative of the lack of real popular participation in the
political process.

North Korea has not been successful in producing through its
command economy the desired economic developm.ent . It remains
a less-developed country with a stagnant standard of living
and a balance of pai'ments problem that is steadily worsening.

Kim II Sung's commitment to bring the entire Korean peninsula
under his control has led to periodic attempts to destabilize
the Republic of Korea. North Korea has engaged in talks with
South Korea, but these recent talks were suspended by North
Korea in January 1986 and prospects for their resumption are
poor .

*The United States does not have diplomatic relations with the
Democratic People's Republic of Korea. Representatives of
governments that do have relations with the DPRK, as well as
journalists and other invited visitors to North Korea, are not
permitted the freedom of movement that would enable them to
assess effectively human rights conditions there. Most of
this report, therefore, is a repeat of previous human rights
reports based on information obtained over a period of time
extending from well before 1986. While limited in scope and
detail, the information is indicative of the human rights
situation in North Korea today.

738

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

There is no evidence to suggest that North Korea has improved
its extremely poor performance in the human rights area. Both
short- and long-term trends indicate continued one-family rule
with scant respect for basic human rights.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Little information is available on politically motivated
killing in North Korea. Several North Korean defectors report
that certain political criminals have been executed publicly
by firing squads. One such "criminal" who reportedly was
executed by firing squad was a scientist who used a pejorative
word in referring to Kim II Sung. The North Korean attitude
toward political killing also is clearly demonstrated by the
November 23, 1984 shooting in the Joint Security Area of the
Demilitarized Zone (DMZ) dividing North and South Korea. In
that incident. North Korean security guards opened fire on a
Soviet student trying to defect from a tour group, triggering
an exchange of fire in which several lives on both sides were
lost .

b. Disappearance

There is no information available on disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

According to the Freedom House 1985-86 Report, "torture is
reportedly common" in North Korea. The accounts of torture
and beatings of crew members of the USS Pueblo after their
capture in 1968 are well-known and documented. Another
reliable source on prison conditions and treatment of
prisoners in North Korea is Venezuelan poet Ali Lameda, who
was detained in North Korea from September 1967 through 1974,
allegedly for attempted sabotage and espionage. While
physical torture was not used on Mr. Lameda, he states that
Korean prisoners were routinely beaten. Lameda notes that
"beating was also used as a means of persuasion during
interrogation. "

Lameda reports the use of deprivation of food to force
"confessions," as well as solitary confinement, continuous
interrogation, enforced waking periods, poor or nonexistent
medical treatment, and 12 hours of forced labor per day. In
addition, prisoners were denied family visits, parcels,
correspondence, writing materials, newspapers, and clothing
changes. Prisoners were regarded as having no rights.

Much of what Lameda has reported has been corroborated by Choi
Un-Wui and her husband Shin Sang-Ok (hereinafter referred to
as the Shins), the famous Korean film producer and actress,
who reportedly were kidnaped by the North Korean regime.
Although Shin did not witness any beatings during his
incarceration, he heard repeated stories of such treatment.
Shin personally experienced many of the other forms of torture
mentioned by Lameda, including denial of sleep, starvation
rations, and solitary confinement, as well as being required
to sit motionless for long periods of time.

739

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

d. Arbitrary Arrest, Detention, or Exile

Information on specific criminal justice procedures and
practices in North Korea is extremely scarce. North Korea has
refused to permit outside observation of its legal system and
practices. The accounts provided by the crew members of the
USS Pueblo, Lameda, and the Shins comprise virtually all the
specific information available on the operation of the
criminal justice system in North Korea.

North Korean law provides that prisoners may be held for
interrogation for a period not to exceed 2 months. This
period may be extended indefinitely, however, if the
Interrogation Department obtains approval of the Chief
Prosecutor. Lameda states that he was detained for 12 months
without trial or charge. His request for a lawyer of his
choice and an open trial was ridiculed as "bourgeois." Shin
notes that it is very difficult for family members or other
concerned individuals to obtain information regarding charges
being leveled against an accused person or even where an
accused person is being detained. Habeas corpus or its
equivalent does not exist in law or in practice.

According to newspaper reports. North Korean defectors in
South Korea estimated in April 1982 that at least 105,000
"ideological offenders" were being held in eight major labor
camps in North Korea. The Shins believe this estimate to be
understated and add that the plight of political prisoners has
worsened over the last few years. As one example, the Shins
state that 10 years ago political prisoners were allowed
family visitors and gifts but now are allowed neither. The
Shins further report that the families of political detainees
are punished for the political beliefs of their relatives. It
is not unusual, according to the Shins, for entire families to
be banished to outlying rural regions. Amnesty International
has received unconfirmed reports of arrests of those opposed
to heir apparent Kim Chong II.

There is no prohibition on the use of forced or compulsory
labor. Military conscripts are routinely used for forced
labor. According to the Shins, conscripts never know where
they will serve or for how long.

e. Denial of Fair Public Trial

The North Korean Constitution states that courts are
independent and that judicial proceedings are to be carried
out in strict accordance with the law. All courts, however,
are responsible to the people's assemblies, which effectively
means government control of the judiciary. Article 138 states
that "cases are heard in public, and the accused is guaranteed
the right to defense; hearings may be closed to the public as
stipulated by law." Leuneda claims that he was denied a public
trial, as does Shin. Lameda reports that after his first
arrest he was imprisoned for a year without a hearing; after
his second arrest, he was put through a closed session without
benefit of counsel of his choice, or even knowledge of the
charges. His tribunal was under the direction of the Ministry
of Internal Security, with one person serving as both judge
and prosecutor .

Lameda stated that at his trial he was refused the right to
speak out, other than to admit guilt, or to defend himself.
His "defense counsel" represented him by making a lengthy

740

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

speech praising Kim II Sung and then requesting a 20-year
sentence, which the tribunal imposed after 5 minutes of
deliberation.

In a 1979 interview with American journalist John Wallach,
North Korean Supreme Court Justice Li Chun Uk noted that the
defense counsel's job is "to give the suspect due
punishment." Open court appears to consist of an announcement
of the term of imprisonment, which has already been determined
by the Provincial Safety Bureau.

The Shins note a distinction between political and common
criminals, asserting that only the latter are afforded
trials. The DPRK equates "political criminals" with those who
criticize the regime.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The populace is subjected to regular indoctrination, designed
to shape individual consciousness. Preschool children are
drilled in homage to Kim II Sung and his family, while youths
and adults are required to participate in daily ideological
training conducted during school or at places of employment.
Approximately half the school day is devoted to
indoctrination. Neighborhood units have been organized to
provide indoctrination for persons who neither work nor go to
school. The daily indoctrination requires rote recitation of
party maxims and policies and strives for ideological purity.
Multiple North Korean security organizations enforce these
controls .

According to reports in South Korean journals, Japanese wives
of Koreans repatriated from Japan since 1959 have not been
permitted to visit Japan and many have lost contact with their
families because their letters are subject to strict
censorship.

Although the Constitution states that "citizens are guaranteed
the inviolability of person and residence and the privacy of
correspondence," practice seems to be otherwise. Lameda
reports that the privacy of his residence was not respected
and that listening devices were used against him. He was
arrested and his collected papers and poetry seized and
destroyed without warrant.

According to the Shins, electronic surveillance of residences
is pervasive and it is common practice for neighbors to report
on one another. In school, children are encouraged to discuss
what their parents have said at home. The Government conducts
monthly "sanitation" inspections to check on household
activities. Each house is required to have portraits of Kim
II Sung and Kim Chong II, his son and expected successor.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the Constitution states that "citizens have the
freedoms of speech, the press, assembly, association, and
demonstration," such activities are permitted only in support
of government objectives. Other articles of the Constitution
that require citizens to follow the "Socialist norms of life"

741

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

and to obey a "collective spirit" take precedence over
individual political or civil liberties.

Foreign media are excluded, domestic media censorship is
enforced, and no deviation from the official government line
is tolerated. Listening to foreign media broadcasts is
prohibited except to high government officials, and violators
reportedly are subject to severe punishment. Most urban
households have a radio and some have television, but
reception is limited to domestic programming. Artistic and
academic works are controlled by the Government, and visitors
report that a primary function of plays, movies, operas, and
books is to contribute to thi -ult of personality surrounding
"the great leader," Kim II Sung, and "the beloved leader," Kim
Chong I 1 .

The Shins, who made a number of movies at the behest of the
DPRK leadership, state that movie producers have political
advisers who ensure the ideological purity of the final
product. Actors must undergo background investigations prior
to obtaining a role. They also undergo constant
indoctrination.

b. Freedom of Peaceful Assembly and Association

The Government has developed a pervasive system of informers
throughout the society. No public meetings can be held
without government authorization. There appear to be no
organizations other than those created by the Government.
Even apolitical groups such as neighborhood or alumni
organizations are prohibited. Trade unions and professional
associations appear to exist solely as another method of
government control over their members. There are no effective
rights to organize, bargain collectively, or strike.

c. Freedom of Religion

Although the Constitution provides that "citizens have
religious liberty and the freedom of antireligious
propaganda," North Korea, in fact, has severely persecuted
Christians and Buddhists since the late 1940 's. No churches
have been rebuilt since the Korean War. The regime uses
religious organizational facades to proclaim the practice of
religious freedom but appears to have long since purged the
original membership. Persons whose family or relatives once
had a strong religious involvement are discriminated against.
Numerous reports suggest that the Government does not
currently persecute the very small number of Christians who
continue to worship at home, although public worship is
strictly prohibited. The Shins, however, have stated that the
Government has been very successful in convincing various
foreign church organizations that religion is tolerated.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Internal travel in North Korea is strictly controlled. A
travel pass is reqiaired for any movement outside one's home
village and is granted only for required official or certain
personal travel. Personal travel is usually limited to
attending the wedding or funeral of a close relative. Long
delays in obtaining the necessary permit often result in
denial of the right to travel even for these limited
purposes. State control of internal travel is also ensured by
a ration system that distributes coupons valid only in the
region issued.

742

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Reports, primarily from defectors, indicate that forced
resettlement, particularly for those deemed politically
unreliable, is common. Permission to reside in, or even
enter, Pyongyang, the capital, is strictly controlled.

Foreign travel is limited to officials or trusted artists and
performers. Emigration is not allowed, and few refugees or
defectors succeed in fleeing the country. Retaliation is
taken against the relatives of those few persons who manage to
escape. According to Freedom House, "rights to travel
internally and externally are perhaps the most restricted in
the world: tourism is unknown — even to Communist countries."

In 1959 North Korea began actively encouraging Korean
residents overseas to repatriate to "the Fatherland." Some
observers estimate that during the next several years over
100,000 overseas Koreans, almost all from Japan, voluntarily
repatriated to North Korea. Since then, however, reports of
the harsh treatment given repatriates reached overseas
Koreans, reducing the flow to North Korea to a trickle.
Because of their "corruption" by exposure to foreign
influences, after their return repatriates are isolated from
North Korean society until they can be indoctrinated and their
ideological reliability gauged.

North Korea has permitted entry to some overseas Korean
residents to visit their relatives, and several have made
repeat visits.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The political system in North Korea is dominated by Kim II
Sung, who leads the KWP and also heads the Government. Kim
has groomed his son Kim Chong II to succeed him, and there are
reports that Kim Chong II has been acquiring increasing power
and influence. The legislature, the Supreme People's
Assembly, has never taken any action other than unanimous
passage of resolutions presented to it by the leadership. In
an effort to create an appearance of democracy. North Korea
has created several "minority parties." They exist only as
rosters of officials who have token representation in the
People's Assembly and completely support the government line.

Free elections do not exist in North Korea. Although
elections to the Supreme People's Assembly were held in
November 1986, and to city and county assemblies in March
1983, in all cases only one candidate in each electoral
district was approved by the government party and, according
to the government-controlled media, 100 percent of the voters
turned out to elect 100 percent of the approved candidates.
Such "elections" in reality are an exercise in which voters
are required to participate and to approve the party's
candidates .

Most citizens are completely excluded from any real
participation in the political process. To achieve even a
semblance of real participation, one must become a member of
the KWP. The selection process for entrance to the party is
long and rigorous. Persons from "bad social backgrounds,"
i.e., those who have relatives who fled south during the
Korean War, those whose families had strong religious
involvement or were once property owners or members of the
middle class, and those who have relatives who are political

743

DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

prisoners, effectively are denied entry into the party and are
discriminated against. Most levels of the party have no
voice, serving only to carry out the decrees and "on the spot
guidance" promulgated by party leader Kim II Sung and his top
subordinates .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No organizations exist within North Korea to report on or
observe human rights violations. North Korea does not
participate in any international or regional human rights
organizations .

Amnesty International has requested a visit to North Korea.
The Government has not responded to or acknowledged this
request. A December 1982 request by Amnesty International for
information on North Korean laws, on use of the death penalty,
and on reports of arrests and long-term imprisonment of
political figures also received no reply.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution states that "women hold equal social status
and rights with men." However, few women have reached high
levels of the party or the Government. Women are represented
proportionally in the labor force, and personnel in small
factories are predominantly women.

The physically handicapped are discriminated against.
Handicapped persons, other than war veterans, are reportedly
not allowed within the city limits of Pyongyang. The dwarf
community has been specifically singled out for harsh
treatment and all have been banished to a remote, rural region.

North Korea is a homogeneous country and relatively devoid of
minority groups.

CONDITIONS OF LABOR

There is no data available on minimum age for employment of
children, minimum wages, or occupational safety and health.
All jobs are assigned by the State and ideological purity,
rather than professional competence, is the standard used in
deciding who receives a particular job. Laborers have no
input into management decisions and free labor unions do not
exist. Absence from work without a doctor's certificate
results in a reduction in a worker's rations. The
Constitution stipulates that the workday is limited to 8 hours
but several sources report that most laborers work 12-16 hour
days. The extra hours are euphemistically referred to as
"patriotic labor" done on a "voluntary" basis by the workers.

744

REPUBLIC OF KOREA

President Chun Doo Hwan dominates the political scene in the
Republic of Korea. The elected legislature has limited power
but considerable influence on public opinion. President Chun,
a former army general, assumed power with military support in
1980, when martial law was declared and civil disturbances in
Kwangju harshly confronted. The Constitution was adopted by
referendum in October 1980 under strict martial law
conditions, leading many Koreans to question the referendum's
fairness. President Chun has promised to step down in early
1988, when his term of office ends, to provide for a peaceful
and constitutional change of power.

Korea's sociopolitical tradition emphasizes order, conformity,
and a subordinate role for women. These attitudes retain
great strength, coexisting uneasily with Western democratic
ideals. Citing this tradition and faced with a heavily armed
Communist North Korea that invaded the South in 1950 and that
remains committed to bringing the entire peninsula under its
control, successive South Korean governments have given top
priority to maintaining external and internal security. The
successive regimes have implemented their policies in part by
employing large, well-organized security forces. Many Koreans
have charged throughout the years that the very real threat
from the North has been used as a pretext to suppress internal
opposition, despite the democratic ideals professed by all
South Korean leaders.

Koreans enjoy considerable personal freedom, including
economic and religious freedom, and broad rights to pursue
private interests. Although the Constitution guarantees
freedom of speech and press, in practice both are abridged.

During the past 20 years, Korea's export-oriented economy has
achieved one of the world's highest growth rates and a
twenty-fold increase in per capita gross national product.
The population is urbanized and well educated. Abject poverty
has been largely eliminated. The rapid growth of the economy
has created a growing middle class with increasing access to
education and wealth. The university student population has
increased sharply over the past decade. Students have joined
with other groups to become a strong voice for fuller
political participation and greater freedom to express
political views.

The issue of constitutional reform dominated Korean politics
in 1986. In February the opposition launched a petition
campaign in support of its demand that the Constitution be
amended to provide for direct popular election of the next
President. The Government initially declared the campaign
illegal and sought to block it, placing some opposition
leaders under house arrest. The Government subsequently
moderated its position, but the opposition party continued to
apply pressure by staging a series of large public rallies
throughout the nation. In late spring President Chun
responded by agreeing to negotiations between the political
parties in the National Assembly to amend the Constitution.
The government party proposed creating a parliamentary system
of government while the main opposition party insists on a
directly elected President. At the end of the year the debate
remained stalemated with both sides seeking to bolster popular
support for their positions.

The Government continued to take a hard line towards
dissident, particularly student dissident, political activism

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REPUBLIC OF KOREA

in 1986, citing increasing radicalism and violence. As the
year progressed, student protest slogans became increasingly
revolutionary and in some instances closely paralleled North
Korean propaganda. Approximately 3,400 persons were jailed in
connection with political activities, some of them violent.
In December well over 1,000 persons remained in custody for
politically related offenses. For the first time under the
present Government, an opposition Assemblyman was indicted and
jailed in connection with the distribution of the text of an
Assembly speech the Government claimed violated the National
Security Law in its criticism of the Government's unification
and anti-Communist policies. In 1986 there continued to be
numerous charges of police mistreatment of prisoners including
credible allegations of torture in some cases.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were unconfirmed reports that the deaths of several
persons said to be critical of the Government or engaged in
opposition political activity may have been at the hands of
the police or other government security agencies. In one case
involving the death of a military reservist in police custody,
there were charges that he died as a result of beatings by
police or military officials after making remarks critical of
the Government. The Minister of Home Affairs told the
National Assembly that the reservist died of acute renal
paralysis while in police custody on charges of violating the
law on assembly and demonstrations. In the other cases,
including the deaths of a university student and a worker,
which the police announced were suicides, some opposition and
human rights groups expressed suspicions of official
culpability.

b. Disappearance

There were no reports of disappearances in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In 1986 there continued to be credible reports of torture and
cruel treatment. The Constitution prohibits torture, and the
Government insists that it has issued and strictly enforces
injunctions against it. In addition, in 1983 the National
Assembly passed a law increasing sentences for those convicted
of killing or injuring through torture.

Nonetheless, during 1986 there were plausible charges of
serious prisoner mistreatment. In one such case, a female
dissident, Ms. Kwon In Sook, claimed that she was sexually
assaulted by a policeman during interrogation. The Government
denied the sexual assault charges but dismissed the policeman
from his post for improper and "excessive" conduct. Korean
human rights groups and political opposition leaders also made
plausible charges that a number of students, workers, and
others in politically related cases were subjected to various
degrees of physical maltreatment. These groups charged that
some 15 labor activists were interrogated and tortured by the
Korean Military Security Agency. Another group of dissidents
charged with publishing seditious literature allegedly was

746

REPUBLIC OF KOREA

beaten by police. The Government denied these allegations.
Yet another dissident activist, Kim Keun Tae, made credible
charges that he had been severely tortured in 1985, but the
Korean Supreme Court upheld his conviction on appeal and
refused to "recognize" his claim that he had been unlawfully
mistreated by police.

The use of excessive force by the police continues to be a
pervasive and ingrained problem. Demonstrators have been
beaten on apprehension, often by plainclothes police. On the
other hand, riot police generally were well disciplined when
confronting protesters who were themselves often extremely
violent. Police acted professionally in 1986 when U.S,
officials requested that officers physically remove students
who had invaded a U.S. facility.

Charges of police beatings occur fairly frequently in
nonpolitical cases and are sometimes reported in the press.
For example, in late 1986 the media reported the acquittal of
a murder suspect who claimed he had been tortured into making
a false confession.

Conditions in Korean correctional institutions are austere,
especially in winter because cells are unheated. Discipline
is strict. Prisoners of whatever sort who break rules or
protest conditions are sometimes beaten. Prisoners may
receive visits only from their lawyers and immediate
families. Their mail is monitored and at times censored.
There does not seem to be a difference between the overall
treatment of political and nonpolitical prisoners, but in 1986
reports of conflict between prisoners jailed for
antigovernment activities and prison authorities increased.
Opposition and prisoner family groups have claimed that
prisoners had been beaten and subjected to other mistreatment
because of their political views. The Government denied this
and insisted that prison authorities were only exercising
necessary minimal force to deal with prisoner defiance of
authority.

d. Arbitrary Arrest, Detention, or Exile

Arrest warrants are required by law but sometimes are not
produced at the time of arrest in politically related cases.
In one case, a defendant charged with "praising North Korea"
was acquitted on the grounds that his confession had been made
while he was detained without an arrest warrant. In 1985 the
Supreme Court ruled that police may not detain persons for
more than 48 hours without warrants. An indictment is
supposed to be issued within 30 days afcer arrest. Within 3
days after making an arrest, the police are supposed to notify
an arrested person's family or lawyer of his detention and
whereabouts. This requirement is not always observed,
particularly in cases of detention by security agencies other
than the National Police. For example, in the case of a group
of labor activists who were interrogated and allegedly beaten
by the Defense Security Command, there are credible reports
that the suspects' families were not informed of the
detentions for over a week. The Constitution also guarantees
the right to prompt legal assistance and to a review of an
arrest by a court.

Habeas corpus, not traditional in Korean law, was introduced
after World War II, abolished in the 1970 's, and reintroduced
in 1980. It does not apply to those charged with violations
of the National Security Law or laws governing crimes

747

REPUBLIC OF KOREA

punishable by at least 5 years' imprisonment. Most political
offenses are, therefore, excluded. There is a system of bail,
but it does not apply to offenses punishable by 10 or more
years' imprisonment. In 1985 the Government adopted a new
policy to compensate persons held for questioning who are
subsequently found innocent by prosecutors, and the courts
have started to apply this provision. In 1986 a Korean court
awarded damages to a man who was injured when he refused a
policeman's request that he "voluntarily" accompany the
policeman to the police station for questioning. There was
criticism from the press and legal groups of excessive numbers
of false or unjustified arrests.

Dissidents who openly criticize the Government are sometimes
picked up and detained for short periods and then released.
In 1986 there were instances of dissidents returning from
overseas trips being detained in such fashion, as were several
journalists who had written politically sensitive articles.

From time to time the security services have not only detained
persons accused of violation of laws on political dissent but
have also increased surveillance of or put under various forms
of house arrest those they think "intend to violate the law."
Korea's Public Security Law permits measures including
"protective surveillance," "residential restriction," and
"preventive custody" of certain persons considered likely
lawbreakers. Such restrictions were used against opposition
political figures, including the leaders of the main
opposition, the .New Korea Democratic Party (NKDP), in early
1986 in an effort to stop the petition campaign for
constitutional revision. During this period, opposition
politician Kim Dae Jung was not permitted to leave his home
for 12 days. Kim and others also were confined to their homes
for briefer periods on numerous other occasions.

The Government also takes a sweeping approach to crime
prevention in instances where its image is involved. Korean
police investigated 263,564 suspected criminals in a 3-month
drive to tighten security for the September Asian Games held
in Seoul. Some 48,000 persons were formally charged, and more
than 76,000 summarily sentenced to up to 29 days in jail.
Most others were released.

In 1986 the Government continued to investigate dissident and
student organizations and to make arrests for national
security law violations for activities characterized as
pro-Communist, pro-North Korea, or anti-State. Government
critics claim that in many of these cases the National
Security Law was misused to suppress domestic, particularly
student, dissent. There were also charges that the Government
was identifying student activists for immediate conscription
into the armed forces. (Military service is required of all
Korean males, but students normally are given deferments to
complete their educations.) Other students picked up for
participating in antigovernment demonstrations were required
to complete "reorientation programs" before being released.
Some 1,200 students underwent such programs in the first half
of 1986. More than 900 were judged to have successfully
completed the program and were released.

For persons deemed "socially dangerous,"" the law allows
preventive detention under provisions of the Social Protection
and Social Stability Laws. Under the Social Protection Law, a
judicial panel may order preventive detention for a fixed term
of 2 years, which can be extended by the panel for additional

748

REPUBLIC OF KOREA

2-year periods. The Social Stability Law allows for a
preventive detention term of 7 to 10 years through
administrative litigation. The Government maintains that
these laws are aimed at chronic offenders and prisoners who
are mentally ill.

There is a "preventive custody center" in the city of Chongju
where prisoners judged to be insufficiently repentant are held
following the completion of their original prison
sentences. Soh Joon Shik, whose original 7-year sentence
ran out in 1978, and Kang Jong-Kon, whose original 5-year
sentence was completed in 1981, are i:wo political prisoners
believed to be held in Chongju. Although the Government has
not released figures on the total number of persons under
preventive detention, some human rights groups assert that as
many as 380 prisoners are being held under Social Stability
Law provisions.

There were no reports in 1985 of forced labor as defined by
the International Labor Organization (ILO).

e. Denial of Fair Public Trial

The Constitution guarantees many rights to defendants:
presumption of innocence, protection against

self-incrimination, freedom from ex post facto laws and double
jeopardy, the right to a speedy trial, and the right to legal
counsel. These rights generally are observed. Trials, with
some exceptions, must be held within 6 months of arrest. In
Seoul, trials usually begin within a month after indictment,
although in 1986 the large number of student protesters
awaiting trial slowed the process somewhat.

The President appoints the members of the Supreme Court, whose
Chief Justice in turn appoints lower-court judges. There is a
three-tier system for criminal cases: district court,
appellate (high) court, and the Supreme Court. The judiciary
is considered independent in ordinary criminal and civil cases
but much less so in politically sensitive cases. A new Chief
Justice was appointed in 1986. Upon assuming his post, he
emphasized his intention to strengthen the protection of human
rights .

In several politically sensitive trials in 1986, public
attendance was restricted. The defendants sometimes were
removed from the courtroom for attempting to disrupt the
proceedings. In other cases, the defendants attempted to
boycott the trial proceedings, stating that they did not
recognize the court's authority or impartiality. Judges
generally allow great scope for examination of witnesses by
both prosecution and defense, but they often deny defense
requests to call witnesses to discuss the political or
ideological leanings of the defendants, even when the
prosecution has introduced evidence on such topics.

Trials usually are open to the public, but trial documents are
not part of the public record. Charges against defendants in
the courts are clearly stated. In lengthy and complex
indictments, however, the relationship between specific acts
alleged and violations of particular sections of the penal
code is not always clearly drawn. In cases involving a
mixture of political and criminal charges, this lack of
clarity can bring into question the fairness of the
proceedings. The same courts try political and ordinary
criminal cases. Military courts do not try civilians.

749

REPUBLIC OF KOREA

Defendants have the right of appeal in felony cases, a right
often exercised and frequently resulting in substantial
reductions in sentences. Death sentences are automatically
appealed, and the sentences often not carried out.

The list of political prisoners maintained by the Human Rights
Committee of the National Council of Churches of Korea and the
opposition New Korea Democratic Party (NKDP) included from
1,000 to nearly 3,000 names throughout 1986. It reached a
high following the arrest of 1,287 participants in the violent
seizure of buildings on a Seoul campus in October; 395 of
these students were subsequently indicted and the rest
released. In December the NKDP put the number of political
prisoners in Korea at 1,843. This number included persons
indicted, but not yet tried as well as those already
convicted. The majority of these persons are students
arrested since 1985, including some who advocated or used
violence.

While continuing to deny that it holds any "political
prisoners," the Government did make public several times
during the year the number of persons being held in connection
with the "political situation." In December, government
prosecutors announced that 3,405 persons had been arrested in
1986 in connection with political activities, including campus
demonstrations such as the seizure of buildings at Konkuk
University in October. The total included 2,919 students, 919
workers, 146 "dissidents," and 240 "ordinary citizens."
Prosecution sources said that as of mid-December, 1,480
persons, including students, remained under arrest, and police
were searching for another 150 persons suspected of
politically related offenses. The release of political
prisoners was the subject of debate and negotiation in the
National Assembly. According to the Government, 36 persons
convicted of politically related offenses were released in a
special clemency in August, and indictments against a number
of others were suspended over the course of the year .

According to government statistics, most political offenders
in 1986 were charged with violating the law on assembly and
demonstrations in connection with protests ranging from
peaceful participation in the opposition's petition drive for
constitutional revision to engaging in violent activities,
notably the serious civil disturbance in the city of Inchon in
May and the prolonged occupation of Konkuk University
buildings in October. Most were detained for acts of violence
which, the arrestees argued, were politically motivated.
Government statistics show that, as of October, 207 persons
had been charged under or convicted of violating the National
Security Law for activities considered pro-Communist or anti-
State, including listening to North Korean radio broadcasts
and publishing or distributing "subversive" literature. That
number continued to rise through the end of the year as the
Government stepped up its campaign against persons and groups
it charged were violating the National Security Law which
prohibits activities, including speech, deemed "supportive of
North Korea . "

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Many political and religious dissidents are subjected to
surveillance by the security forces. During politically
sensitive periods, this surveillance by one or more security
agencies may increase, or a form of house arrest may be

750

REPUBLIC OF KOREA

imposed. Telephone tapping and opening or interception of
correspondence is believed to be prevalent. Koreans who meet
with foreigners, particularly with journalists and foreign
diplomats, are sometimes questioned afterwards. Listening to
North Korean radio broadcasts and reading or purveying books
considered subversive, pro-Communist, or pro-North Korea are
illegal. Several people were arrested and charged with
violating the National Security Law for such offenses.

While the Constitution requires a warrant issued by a judge
upon request of a prosecutor for search and seizure in a
residence, the police at times force their way into private
homes or offices without warrants. The police and security
force presence in city centers and near university carripuses is
frequently heavy because of fear of ant i government
demonstrations. Citizens, particularly students, often are
stopped, questioned, and searched. Traditional Korean police
practice requires police commanders to be fam.iliar with the
personal and business affairs of all residents in their
jurisdictions. This system is effective in crime control, and
urban residents generally credit it with keeping their streets
safe. But the large police presence near college campuses has
the primary purpose of keeping track of political activities
and has been a key complaint of students, including those who
are not politically active.

In most other respects, the Government honors the right of
personal privacy and the integrity of the home and family.
Parental rights to educate children are broad. The State
rarely seeks to intervene in such inherently personal
decisions as marriage, choice of vocation, and formation of
social and familial ties. Persons thought to have politically
suspect backgrounds, however, are denied some forms of
employment and advancement, particularly in government, press,
and education. In 1986 the Ministry of Education revised its
teacher qualification regulations to exclude from obtaining
teaching positions those who have records of campus activism.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although freedom of speech and press is guaranteed by the
Constitution, in practice the expression of opposition
viewpoints is limited, sometimes severely. In 1930 the new
Chun Government enacted a press law, merged broadcasting
networks and newspapers, established a government -owned public
television corporation, and prohibited the stationing of
reporters by national newspapers in provincial cities.

Government critics say that statutes such as the basic Press
Law, under which media organizations are licensed and
permitted to operate, and criminal code provisions against the
spreading of "rumors which eventually disturb peace and order"
and "defiling the State" are used to muzzle and punish
dissident views. Opposition political parties and several
major Korean newspaper editorial writers have called for the
repeal or reform of this basic Press Law. The domestic media
also engage in "self-censorship," according to guidelines the
Government regularly gives orally or in writing to editors.
Journalists who object to or ignore these guidelines or who
print critical stories on politically sensitive topics have
been picked up for questioning and on occasion dismissed or
sent out of the country.

751

REPUBLIC OF KOREA

In 1986 such instances included a newspaper cartoonist
questioned by security investigators in connection with
editorial cartoons deemed to be insulting to the State and the
President. Several magazine writers were c[uestioned and, in
at least one case, dismissed for writing articles on such
topics as the activities of the security agencies during the
1970 's. On a number of occasions, articles objectionable to
the Government were withdrawn from later editions and earlier
editions confiscated.

Nonetheless, the general trend of greater outspokenness in
newspapers and magazines continued in 1986, although
television and radio broadcasting was still rigidly
controlled. A number of opposition groups, including the
NKDP, promoted a campaign to boycott the paying of television
viewer fees on the grounds that the public network was not
providing unbiased news coverage and was too commercialized.
Some newspapers joined in the criticism of the public
television corporation. There were also calls from political
and religious activists for the restoration of the right of
the Christian Broadcasting radio station to report other than
religious news. The Government refused this demand and did
not revoke the television viewer fee but promised to take into
account complaints about the station's programing.

In late 1985 a screening committee was set up with the power
to ban from sale literature deemed harmful to the public
including "antisocial or antistate ideology-oriented"
publications. In 1986 the authorities invoked the National
Security Law a number of times against persons accused of
producing, selling, or reading subversive or pro-Communist
literature. On several occasions police searched bookstores,
dissident offices, and campuses, seizing banned "leftist"
books and dissident and student publications carrying material
objectionable to the Government. Government authorities
halted the publication of the NKDP ' s newspaper on at least two
occasions in 1986.

Although National Assemblymen enjoy immunity from prosecution
for remarks made within the Assembly, they are not immune from
prosecution for what they write or say outside the chamber.
One opposition Assemblyman was questioned by authorities in
1986 for distributing a leaflet which "denigrated the State."
As noted earlier, another, Yoo Sung Hwan, was jailed for
distributing an advance text of a speech he was to give in the
Assembly.

Academic freedom is subject to some political limitations.
During 1986 over 700 university professors signed various
statements calling for democratization or constitutional
revision. Many were subsequently subjected to various
pressures and punishments including denial of research funds,
withholding of promotions, demands for written apologies, and
pressure to resign from administrative positions. Many
resisted these pressures, with the support of their
colleagues, and the Government's campaign against them was not
pressed as far as arrests.

Professors are expected to play an active role in preventing
campus demonstrations, a task many find objectionable. Middle
and high school teachers sometimes are also punished for
antigovernment political activities. In 1986 there were
reports of teachers being dismissed, having their pay reduced,
and receiving undesirable transfers because of having
participated in antigovernment activities. A civil servant in

752

REPUBLIC OF KOREA

the Prime Minister's office reportedly was forced to resign
after he made a public statement critical of the Government.

b. Freedom of Peaceful Assembly and Association

A number of specified categories of assembly, including those
considered likely to undermine public order or cause social
unrest, are prohibited by the Law on Assembly and
Demonstrations. The law also requires that demonstrations of
all types, including outdoor political assemblies, be reported
in advance to the police. Violation of the law carries a
maximum sentence of 7 years' imprisonment or a fine of about
$3,750. Under this law, police have at times intervened and
broken up meetings. Most peaceful nonpolitical assemblies
take place entirely without official supervision or
restriction. Meetings of dissidents are monitored and
sometimes prevented, often by placing the scheduled speaker
under some form of house arrest. In the fall of 1986, the
Government demanded the "voluntary" disbandment of a dissident
coalition group; the organization's offices were subsequently
searched and many of its officials arrested.

In 1986 the NKDP held a series of rallies in support of
constitutional revision throughout the country. Police
permitted a number of events outside the capital region but
only one (in March) in Seoul. In late spring opposition
rallies drew crowds of tens of thousands in Pusan and
Kwangju. But an NKDP rally in Inchon degenerated into
violence, with the Government blaming radical dissidents and
the NKDP blaming police for instigating the confrontation.
Subsequent rallies in the provincial cities of Pusan and
Kunsan attracted large crowds. Some violence attended these
events as well, but they were on the whole well-managed. In
late November, however, the Government used a massive number
of police to prevent an opposition mass meeting in Seoul.

The Law on Assembly and Demonstrations was used most often in
1986 against student demonstrators, with government statistics
showing 813 persons booked for involvement in campus
disturbances in the first half of 1986. During the same
period, 116 persons, including several NKDP and other
opposition organization figures, were charged with violation
of the law in connection with the NKDP rallies,.

Under the Constitution, workers are guaranteed the rights of
independent association, collective bargaining, and collective
action. These rights, however, are circumscribed by both
labor-related laws and practice and do not extend to workers
employed by the Government, public utilities, defense-related
industries, or firms that "exercise great influence on the
national economy."

The single national labor federation, the Federation of Korean
Trade Unions (FKTU), and its 16 national affiliate federations
and unions are not directly controlled by the Government.
Their activities are, however, limited by law and subject to
government interference. Labor organizations are precluded by
law from endorsing a particular political party or politician,
although the FKTU does lobby National Assemblymen in
connection with labor and welfare-related legislation.
According to the FKTU, nationwide dues-paying FKTU membership
at the end of September was 890,472. Ministry of Labor
figures, based on reports submitted by individual unions,
placed total union membership at 1,024,270 at the end of June.

753

REPUBLIC OF KOREA

The FKTU is affiliated with the International Confederation of
Free Trade Unions, and its constituent federations and unions
are affiliated with recognized international trade
secretariats. The Republic of Korea has observer status at
the ILO and aspires to become a full-fledged member.

Under existing labor laws, all local unions may be organized
only up to the level of individual enterprises, creating a
structure of thousands of shop unions, most of them small and
weak. Recent amendments to the labor laws removed the FKTU
and its 16 affiliated national industrial federations from the
category of "third parties" heretofore enjoined from entering
into labor disputes. Religious labor organizations such as
the Catholic Young Christian Workers and the Protestant Urban
Industrial Mission are severely limited in the assistance
which they can provide legally established unions.

Under these circumstances, the influence of the Government and
employers has greatly exceeded that of unions in setting wages
and resolving other labor issues. Collective actions and
strikes, although technically legal, are strongly discouraged
by the Government and by employers .

As part of the overall crackdown on dissident activities in
late 1986, the Minister of Labor in November ordered the
"voluntary" disbandment of fourteen "leftist-oriented" labor
organizations, including the Chonggye Garment Workers' Union,
which the Minister claimed was responsible for many labor
problems. Government authorities also announced that they had
uncovered several "clandestine" labor networks that were
purportedly engaged in attempts to indoctrinate workers with
leftist ideology. Human rights groups estimated that as many
as 150 people, including some students, were in prison in late
1986 because of involvement in various labor-related
activities. This in part reflects continuing efforts by
student dissidents to contact and influence labor groups.

In 1986 the Government continued to use the law on assembly
and demonstrations to detain workers in connection with labor
disputes. Despite the legal restrictions and other obstacles,
collective actions by workers increased in 1986. As of the
end of October, 249 labor disputes were recorded by the
Ministry of Labor, compared to 230 during the corresponding
period in 1985. Most of these disputes were attributed to
delayed or nonpayment of wages or to worker complaints over
working conditions. The Government charged that student
activists had "infiltrated" workplaces, with the intention of
agitating blue-collar workers, and were responsible for much
of the reported labor unrest.

c. Freedom of Religion

There is no state-favored religion in Korea. There is
generally complete freedom for proselytizing, doctrinal
teaching, and conversion. Korea both sends and receives
missionaries of various faiths. Many religious groups in
Korea maintain active links with coreligionists in other
countries. The Government and people do not discriminate
against minority sects. Adherence to a particular faith
confers neither advantages nor disadvantages in civil,
military, or official life.

In 1986 some Buddhist adherents demonstrated against laws
governing state regulation of temples which they claimed
constituted discrimination. These protests were put down by

754

REPUBLIC OF KOREA

police. Churches and religious groups are subject to many of
the restrictions on political activities and criticism of the
Government that apply to all other institutions. On those
occasions where pastors are harassed by the authorities, it is
usually for religiously motivated social or political
activism. Conscientious objectors are subject to arrest.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Except for criminals and persons considered politically
suspect, most people can obtain passports for travel in the
officially approved categories such as business. A number of
dissidents and former political prisoners have been allowed to
travel abroad, although in 1986 the Government banned foreign
travel by seven opposition Assemblymen v;ho had been indicted
for disruptive behavior in the Assembly. In separate
incidents, several religious dissidents were prevented by
authorities from attending church conferences abroad at which
political topics were to be discussed. There is almost
universal freedom of movement and freedom to change employment
in Korea. Because Korea is one of the most densely populated
countries in the world, the Government encourages emigration
and does not discriminate against prospective emigrants.

The Government limits the number of passports issued to
tourists and prospective students, citing foreign exchange
considerations and the problem of unqualified students going
abroad. Passports, when issued, are typically limited to 1
year, although there are exceptions in which passports are
issued up to tne legally maximum 5-year period of validity.

A small continuing influx of Vietnamese boat people is
admitted to tenporary first asylum in Korea. They are cared
for at a camp ^n Pusan by the Korean Red Cross until they can
be resettled abroad. Over 700 displaced persons from Vietnam
have passed through Korea in the last several years. Very few
have been permanently resettled in Korea.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

Korea's Constitution and statutes as well as its traditions
concentrate political power in the President, a concentration
further intensified by the support the President enjoys from
the military and security agencies. The President and the
members of the National Assembly are the only elected
officials in Korea. Under the 1980 Presidential Election Law,
the President is chosen by a popularly elected electoral
college of at least 5,000 members. By law, presidential
campaigns are brief and candidates severely restricted in
campaigning. There are limits on the amount of money they may
spend, the number of speeches they may deliver, and the number
of publications they may distribute. In the 1981 presidential
election, these restrictions, together with the authorities'
screening of electoral college candidates, resulted in the
absence of effective opposition to incumbent President Chun
Doo Hwan, who won almost unanimously. In the 1985 National
Assembly election, two of the most prominent opposition
politicians, Kim Dae Jung and Kim Young Sam, were not allowed
to participate. That election was, however, fiercely
contested, and the opposition party scored some stunning
successes .

755

REPUBLIC OF KOREA

The Constitution limits the President to a single 7-year term
and may not be amended to allow the incumbent President to run
for another term. President Chun continued to reaffirm that
he intends to step down in 1988 to provide for a peaceful,
constitutional transfer of power. Faced with opposition
demands to amend the Constitution before 1988, Chun agreed to
revise it if agreement can be reached between political
parties in the National Assembly. Under present law the
Constitution can be amended when approved by a two-thirds
majority in the National Assembly and then affirmed by a
simple majority of voters in a national referendum.

The government party proposed instituting a parliamentary
system with a strong prime minister elected by the National
Assembly, arguing that such a system would help correct the
concentration of power in the presidency. The opposition
continued to push for a direct election presidential system,
which it said is most compatible with Korea's political
culture and the wishes of the people. Both parties expressed
support for more rapid democratization of Korea including the
implementation of local autonomy, but at the year's end
negotiations on constitutional revision were stalemated.

The National Assembly, although institutionally weak, acquired
new importance in 1985 with the holding of elections and the
emergence of a new and more outspoken opposition party, the
NKDP, formed only weeks before the election and led largely by
politicians recently freed from the political ban. Members
are directly elected and serve a 4-year term. The election
law passed in 1981 provides for a proportional representation
system that reserves 92 of the assembly's 276 seats for
members designated by the parties, with two-thirds of these
seats awarded to the party gaining a plurality of the popular
vote. The government party, the Democratic Justice Party
(DJP) , garnered a plurality of 35.3 percent in the 1985
elections and, with its proportional representation seats,
maintained a comfortable majority of 148 out of 276 assembly
seats. The NKDP obtained a surprising 29.2 percent of the
popular vote, and, with the post-election defection to it of
Assemblymen from other opposition parties, became the largest
opposition party in the Republic's parliamentary history in
terms of Assembly seats held. In 1986 the NKDP and other
oppositionists demanded the revision of the Assembly Election
Law as well as constitutional revision.

Political and religious activists involved in opposition
groups outside the recognized political parties continued to
come under intense government pressure in 1986. Expressing
worries about growing leftist trends, the Government
investigated a number of dissident groups to discern whether
they included pro-Communists and ordered the "voluntary"
disbandment of some of them. At the end of the year, a number
of such dissidents were under investigation or indictment for
national security law and other violations. The government
party warned the NKDP against identification with or ties to
such groups.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Republic of Korea does not belong to any international
human rights bodies and usually does not welcome outside
involvement in the human rights area, although government
officials have allowed the visits of and met with

756

REPUBLIC OF KOREA

representatives of international human rights bodies,
including Amnesty International and Asia Watch.

According to the Government, public prosecutors and the human
rights division of the Ministry of Justice are responsible for
protecting human rights and investigating violations. The
National Assembly and political parties also have committees
which are concerned with some aspects of human rights issues.
The release of political prisoners and allegations of prisoner
mistreatment were the subject of sharp debate in the National
Assembly in 1986. The Human Rights committee of the NKDP was
active in investigating allegations of human rights abuses,
visiting prisons, meeting with prisoners and their families,
and providing legal defense in connection with numerous human
rights issues.

A number of politically nonaffiliated private organizations
are active in human rights, chiefly the Human Rights Committee
of the National Council of Churches of Korea (KNCC), the
Catholic Justice and Peace Committee, the Korean Bar
Association, and the Korea Legal Aid Center in Seoul. The
committees and other human rights organizations submit
petitions to the Governm.ent, publish reports on the human
rights situation in Korea, and make their views known both
inside and outside Korea. People working with these groups
frequently are questioned and sometimes detained by the
security services. The Chairman of the Catholic Justice and
Peace Committee was arrested in October for hiding a wanted
dissident, and the head of the KNCC Human Rights Committee was
placed on the police wanted list after he signed a statement
in support of a dissident deemed subversive by the
Government. In November police armed with a search warrant
entered the KNCC Human Rights Committee office and seized some
documents .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Republic of Korea with its 40 million plus population is
densely inhabited and racially and culturally homogenous.
There are no ethnic minorities of significant size.

Despite the cultural homogeneity of its people, regional
rivalries exist in Korea. Many Koreans believe that persons
from the southwestern provinces of North and South Choi la face
some discrimination, and that successive governments led
predominantly by men from southeast Korea and other areas have
neglected the economic development of the Choi la provinces.
The present Government claims that it is making particular
efforts to encourage the development of the Cholla region.

In Korea, with its conservative Confucian tradition, women
remain subordinate to men socially, economically, and
legally. Some progress has been made. The Family Law was
revised in 1960 and 1979, but critics contend that the law is
still inconsistent with Korean constitutional guarantees of
sexual equality. For example, women do not have equal rights
with men in passing nationality, nor do they have equal rights
with regard to child custody in divorce cases. Women's rights
groups are campaigning for changes in these and other points
of the Family Law.

Women are free to vote, become government officials, and run
for the National Assembly. Women hold seven Assembly seats,
all but two appointed by their parties. However, the power

757

REPUBLIC OF KOREA

Structure remains male-dominated, and in many significant
respects the legal system and social custom strongly
discriminate against women.

Women enjoy full access to educational opportunities. They
are increasingly represented, though still largely at entry
level, in government and the private sector. As of 1985, only
24 women had ever passed the bar examination. Only five have
passed the national administration examination given for
higher level civil service jobs. In general, women are not
protected against discrimination in hiring, pay, or
advancement. They are commonly expected to resign upon
marriage or pregnancy. Women's organizations and members of
the National Assembly are trying to focus more attention on
women' s rights .

CONDITIONS OF LABOR

Chapter V of the Labor Standards Law governs the employment of
minor and female workers. Under this provision, minors under
age 13 must have a special permit issued by the Ministry of
Labor to be employed. Minors under age 18 must have a
parent's or guardian's written approval in order to work, and
they are prohibited from night work without special permission
from the Ministry of Labor. In addition, the law requires
that employers of 30 or more minors provide educational
facilities or arrange scholarship funds for them. The
employment of minors is widespread, particularly in
labor-intensive industries such as textiles, footwear, and
small electronics assembly, and abuses of legal protections
are common.

The Labor Standards Law provides for a maximum workweek of 60
hours with the mutual consent of employer and employee, a paid
day of rest during the workweek, compensation for overtime and
holiday work, paid holidays, and annual leave. Recent
statistics indicate that the average full-time industrial
worker spends close to 55 hours per week on the job. Korea
has no minimum wage system, but the Government has pledged to
institute one, possibly as early as 1988, as part of the
5-year Socioeconomic Plan beginning in 1987. The Government
also plans to implement an ambitious pension system — still in
the design stages — which would expand considerably eligibility
for retirement pension plans by industrial workers.

In response to recurring criticism of its handling of labor
disputes, the Government undertook in 1985, and continued in
1986, to take stronger measures, including fines and
imprisonment, to curb employer abuses. During the first 9
months of 1986, 39,111 cases of employer violations of the
Labor Standards Law were recorded, an increase from 31,419
during the corresponding period in 1985. Most of the
violations involved delayed payment of wages.

As of August 1986, there were 1,070 job-related deaths and
92,387 work-related injuries recorded by government sources.
In 1985, there were 1,718 industrial fatalities and 139,560
reports of injury. Manufacturing, construction, and mining
industries continued to be the most hazardous. The Government
has mandated insurance to cover industrial accidents at places
of business employing 10 or more workers. The 1981 revision
of the Industrial Accident Compensation Law covers job-related
medical costs, sick leave benefits, disability benefits, and
other costs.

758

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: KDREA/ REPJ3LIC OF

1984

1985

1986

I.ECON

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

l^OL.

C.OTH

. ASSIST.
OANS. ....
RANTS...,

-TOTAL..

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE.. .. ..,

OTAL

N $-L0AN5.....

FOR. CURR

TOTAL .

.EC.DEV 3 WFP,

EF AGENCY

CON. ASSIST..,

Cc CORPS,
COTICS..,
£R

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

ft. MAP GRANTS ,

5. CREDIT FINANCING..
C.INTL MIL.ED.TRNG.,
D.TPAN-cXCESS STOCK,
= . OTHER GRANTS ,

III. TOTAL ECON.

LOANS

GRANTS....

i MIL,

0.0

0,0

0.0

0 = 0

0.0

a.o

0.0

231.8

231.9

164.5

230.0

162.7

1.8

1.9

1.8

0.0

230.0

162.7

1.8

1.9

1.8

0.0

3.0

0.0

231.3

231.9

164.5

230.0

162.7

1.3

1.9

1.8

OTrlER US LOANS...,
EX-IM BAN< LOANS,
ALL OTHER ,

0.0
0.0
0-0

36.6

35.8

0.8

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

977.5

699.8

811... 7

8907.6

13^0

768.5

556.0

626.0

6451.3

if:

34.6

7.2

18.7

190.0

IDA

0.0

106,. 9

103

0.0

A03

172.8

134.0

167.0

2105.3

AFOB

0.0

. 0.0

0.0

UNDP

1.6

2.6

0.0

38.7

OTHER-UN

0.0

o.o

0.0

15.4

EEC

3.0

0.0

759

LAOS

The Lao People's Democratic Republic (LPDR) is ruled by a
Communist Government established in December 1975 after an
insurgency of 20 years supported by North Vietnam. The sole
political party, the Lao People's Revolutionary Party (LPRP),
takes its political ideology from Marx, Lenin, and Ho Chi
Minh. It is dependent on Vietnamese and Soviet military and
economic support to retain power. Laos' approximately 3.6
million ethnically diverse people, scattered over more than
91,000 square miles of rugged terrain, have no common national
history and share few traditions. National institutions
remain weak. The Fourth Party Congress held in November 1986
failed to indicate the status of preparations of a
constitution or even to repeat the 1982 Congress' goal to
draft one as soon as possible. There is no codified body of
law. No national elections have been held since the
establishment of the regime.

The Government is seeking to establish a Communist political
and economic structure largely based on the Soviet and
Vietnamese models. Laos' geographical position among far
larger and mutually hostile neighbors, plus the incursions of
resistance groups across the country's long and hardly
defensible lines of communication, have imposed something of a
siege mentality on the narrowly based Lao leadership. In
1986, however, the impact of regional tensions on Laos
lessened, and by late in the year there were indications that
the Lao were seeking to improve relations with both Thailand
and China.

The Lao Government continues to be faced with a number of
resistance groups seeking its overthrow, but they do not
currently appear to present a serious threat. The
approximately 50,000 Vietnamese troops in Laos regularly
conduct operations with the Lao People's Army (LPA) against
resistance groups and serve as the ultimate guarantor of the
Government's survival. The state security apparatus, which
reinforces central control through threats, intimidation,
fear, and imprisonment is a primary source of human rights
abuses .

Laos is an extremely poor, underdeveloped country. Although
it apparently met its food needs with a successful 1985/86
crop year, nutritional levels remain barely adequate.
Government intervention in general has led to various supply
shortages and disruptions.

Human rights violations continued in 1986, and the individual
remained subject to the arbitrary control of the State and the
LPRP. Compared with the period just after the Communist
takeover, there have been very limited improvements in the
human rights situation. In 1986 some people were released
from reeducation camps, and the conditions of some who remain
under detention reportedly improved. However, serious abuses
such as arbitrary arrests and detention without trial
continue. Government controls and pressures against private
economic activity continue, although the Fourth Party Congress
endorsed continuing use of the "positive" elements of the
private sector for furthering economic development.

66-986 0-87-25

760

LAOS

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There have been reports that Lao government and Vietnamese
patrols have fatally shot persons fleeing from Laos and those
entering the country illegally, usually smugglers or suspected
members of the Lao resistance, but in recent years such
reports have decreased. Refugee reports of toxic weapon use
by government or Vietnamese forces against villagers have
virtually ceased.

One incident which received international attention involved
the killing by Lao forces on June 14, 1986, of 35 persons in a
settlement in Ban Huai Pong, Thailand, just across the
border. Complete details still are unavailable, but it
appears certain that elements of the LPA entered Thailand at
that time and massacred noncombatants , including women and
children; allegedly, the motivation arose out of a local
vendetta .

An unknown number of people are killed annually in combined
Lao/Vietnamese military operations against resistance forces.
Many of the insurgents appear to be former Royal Lao Army
troops and Hmong tribesmen. Both sides are reported to use
brutal tactics, with the antigovernment forces attempting
assassination and ambush of Lao, Vietnamese, and other
Communist military and civilian personnel. There are also
recurrent reports of attacks by bandit groups in isolated or
interior areas on vehicles bearing government officials and on
civilian buses. Official policy calls for the execution of
resistance leaders, but no such executions were reported in
1986.

b. Disappearance

Although there were numerous cases of secret arrest and
removal of persons to "reeducation" camps in the first years
of the present regime, disappearance has been reported only
infrequently in the last several years and not at all in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

A relatively small number of "reeducation" prisoners continue
to be held in harsh conditions. Former prisoners have
reported that punishment for misbehavior could include brutal
public beatings, shackling, deprivation of food, and
sometimes, for those who tried to escape, execution. Some
inmates have died from malnutrition. Lao government officials
have publicly denied reports of mistreatment of persons in
"reeducation camps."

d. Arbitrary Arrest, Detention, or Exile

The Lao Government continues to maintain a number of
"reeducation camps" in which persons associated with the
previous Government are imprisoned. Firm figures are
unavailable, but detainees likely number over 1,000.

Since 1979 conditions in most of the "reeducation" camps have
improved, and a number of camps reportedly have been closed.

761

LAOS

Most detainees now live in a kind of internal exile with
severe restrictions on their freedom of movement. Generally,
these conditions are no worse than those of poor Lao living in
the countryside. Many reportedly have been assigned to
collective farms or construction units inside their former
camps. Some are on probation or cannot arrange necessary
travel documents. Others who have lost property and families
are reported to have chosen to remain in areas near the camps
to begin new lives. In its 1986 Report, Amnesty
International, citing an internal Lao government estimate,
asserted that 5,000 people remained in "reeducation," and it
continued to work on behalf of 40 persons confined in
"reeducation camps."

In 1986 government officials claimed, as they had in 1985,
that nearly all soldiers and officials sent to "reeducation
camps" in 1975-76 had been "released" and that "only a few"
people remained under detention. In 1986 the Governinent
permitted at least 85, and possibly as many as 119,
"reeducation camp" prisoners to return to Vientiane.

Those accused of hostility to the regime or of what the
Government calls "socially undesirable habits," such as
prostitution, drug abuse, idleness, and "wrong thought," are
sent to "rehabilitation" centers, usually without trial. Most
of these persons have been allowed to return to their homes
after periods ranging from a few months to several years of
hard labor, political indoctrination, and admission of guilt.

e. Denial of Fair Public Trial

No code of law exists in Laos, and there is no guarantee of
due process. In addition to working on the rehabilitation of
the court system, the Government in the last year transferred
some personnel with legal backgrounds to the Justice Ministry,
reportedly to speed up the revision of the pre-1975 law code.
It has promulgated interim rules and regulations for the
arrest and trial of those accused of specific crimes,
including armed resistance to the Government. Although the
regulations allow an accused person to make a statement
presenting his side of the case, they provide no real
opportunity for the accused to defend himself and do not
permit bail or use of an attorney. Rather, the Government has
issued instructions on how to investigate, prosecute, and
punish wrongdoers. These instructions are applied
capriciously and inconsistently. People can be arrested on
the unsupported accusations of others and detained while the
accusations are being investigated, without being informed of
the charges or the identity of the person making the
accusations. Investigations often take a long time unless
family members and friends take a strong interest in the
case. Government officials and their families easily can
influence the judgments reached. There is some provision for
appeal, although important political cases tried by "people's
courts" are without an appeals process. Death sentences must
be approved by the Council of Ministers. Lao regulations call
for judgment to be given in public. This is, in effect, a
public announcement of the sentence and not a public trial.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Search and seizure are authorized by the security bureaus
themselves rather than by an impartial judicial authority, and
government regulations, which are not always followed, provide

762

LAOS

little protection for the persons affected. International and
domestic mail is selectively opened on a routine basis. Mail
from China and non-Communist countries is particularly
suspect. Telephone calls frequently are monitored. Privately
owned land may not be sold but may be inherited. Houses,
appliances, and other private property can be sold only with
difficulty in most cases, since the possession of large
amounts of cash in this poor country draws immediate
government suspicion. Inheritances cannot be passed on to
relatives who have left the country as refugees and acc[uired
another nationality.

The Government makes no attempt to stop Lao from listening to
foreign radio stations such as the Voice of America, nor from
setting up antennas to bring in Thai television from across
the Mekong River. The state security apparatus monitors
family life extensively through a system of neighborhood
wardens and informers .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Lao press, owned by the Government and the LPRP, is
dedicated to the dissemination of the official line. Only
government officials and others whom the Government determines
have a professional need are authorized to possess
non-Communist foreign newspapers, magazines, and other
publications. Neither written nor spoken expressions of
opposition to the Government are permitted. Persons who have
engaged in such activity have been imprisoned. Most Lao are
discouraged from serious discussion or association with
foreigners. Academic freedom does not exist.

b. Freedom of Peaceful Assembly and Association

The Government controls all meetings and, except for
religious, athletic, and communal events, organizes them.
Individuals do not have the right to join together to promote
nonregime-sponsored activities nor to protest government
policies. All associations — such as those for youth, women,
workers, and a "peace organization" — are government-controlled
and authorized "mass organizations." These are organized to
exercise government control and disseminate government
policy. All professional groups are organized by the party,
and their leadership is ordinarily drawn from party ranks.
Lao associations are permitted to maintain relations with
like-minded politically acceptable organizations in other
countries, particularly those in Communist countries.
Ordinary Lao citizens are permitted association or contact
with foreigners only in unusual circumstances, usually
involving their work.

Trade unions are organized as "mass organizations" of the
party without the right to engage in collective bargaining.
They have no real influence in determining working conditions.

c. Freedom of Religion

Nearly all Lao are Buddhists or, in the case of most hill
tribesmen, animists. In official statements, the Government
has recognized the right of the people to free exercise of
religious belief as well as the contributions religion can
make to the development of the country.

763

LAOS

Many Lao believe, however, that the Government is engaged in a
long-term effort to subvert the role of religion because it
considers the maintenance of temples and the activities of
monks nonproductive and because it objects to an active group
with an independent system of beliefs. This effort includes
carefully controlling the education of young monks and
compelling the Buddhist clergy to propagate elements of
Marxist-Leninist doctrine. Further, since 1975, the
Government has periodically taken over Buddhist and Christian
places of worship for use as government schools, offices, fire
and police stations, as well as political indoctrination
centers and warehouses. While some limited restoration and
construction of Buddhist temples has resumed, at least in the
Vientiane area, this practice is seriously discouraged by the
Government .

In spite of these efforts, monks remain the only social group
still entitled to special honorific terms of address, and even
high party and government officials continue to use them. Lao
Buddhist clergy were prominently featured among those invited
to attend the opening session of the Fourth Party Congress.
Religious festivals are permitted to take place without
hindrance. Young people regularly enter into religious orders
for short periods.

Links may be maintained with coreligionists and religious
associations in other countries only in cases approved by the
Government, usually other Communist countries. Most
traditional links to Thai Buddhists have been severed,
although the Lao did host a leftist 10-member Thai Buddhist
delegation in February. Missionaries are not formally banned
from entering Laos to proselytize, but in most cases they are
denied permission. Many top party officials still participate
in religious ceremonies, but members of the military are
forbidden even to have Buddhist funerals.

Roman Catholics and Protestants are permitted to worship, but
the activities of their churches are closely observed. A few
church leaders remained under detention, either without being
charged or for alleged antiregime activity.

Since 1975 Christians have not been permitted to operate
schools, seminaries, or associations, although a Catholic
priest was ordained in 1986 after private study, and some
short-term training sessions for local Protestant church
leaders have been permitted. In Vientiane during August 1986,
50 Lao children received confirmation in the Catholic church.
Overseas Catholic church officials visited Laos in 1986 to
meet with local church leaders as well as government officials.

The Government takes steps including the use of media to
persuade hill tribe minority groups to abandon their "old
fashioned" animist beliefs.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Lao citizens must obtain permission from the authorities for
all internal travel of any distance and in all cases when
crossing provincial boundaries. Non-Lao residents in
Vientiane must in principle obtain permission to travel
outside it, and in practice, except for nationals of a very
few other countries, such permission is rarely granted. A
curfew is enforced intermittently in the capital and other
major cities. Its rules change from time to time, often

764

LAOS

without notice. Government officials have cited threats of
"disorders" created by "reactionary elements" as the reason
for the restrictions.

Foreign travel is permitted for officials, students in
government-approved programs, and some others who have access
to foreign exchange. Lao rarely are permitted to study or
train in non-Communist countries, even at their own expense.
Exit visas, which are required, have been difficult to obtain
in the past, but for some classes of applicants, especially
the elderly, the process seems to be getting easier. Since
1983 the number of Lao travelling to the West has increased.
Border crossing permits are available for those with business
in Thailand. Such permits, however, may be denied if the
Government finds the business unnecessary.

Although the Government has said that those wishing to
emigrate will be allowed to do so, as a practical matter legal
emigration is rarely authorized for ethnic Lao and, when it
is, reportedly requires substantial bribes. Since 1975 over
300,000 of the Lao who have fled Laos have registered as
refugees in Thailand. An unknown number of other Lao who have
fled the country have simply settled in with kindred ethnic
groups .

Some of those fleeing are fired upon and killed by Lao or
Vietnamese border patrols as they attempt to cross the Mekong
River. Government authorities have imprisoned many Lao
seeking to leave the country illegally, although in some cases
they have only been sent to short indoctrination seminars and
then released.

The Lao and Thai Governments have agreed to take back, on a
case-by-case basis, those of their respective citizens who
have illegally crossed into the other country and now wish to
return home. Since May 1980, when agreement was reached with
Thailand and the United Nations High Commissioner for Refugees
(UNHCR) on a voluntary repatriation program, some 3,000 Lao
voluntarily have returned to Laos under the auspices of the
UNHCR. Those accepted for return receive several days of
political indoctrination and then are released to return to
their homes, where they are placed under the control of
village authorities. The UNHCR provides basic necessities for
the returnees and monitors their treatment and living
conditions thereafter. In addition, perhaps as many as 10,000
individuals have repatriated themselves without official
involvement. There appears to be no pattern of official
harassment or maltreatment of these voluntary returnees.

The LPDR also has agreed in principle to take back Lao in
Thailand whom the Thai have determined do not meet the
requirements for refugee status. Procedures for the return of
these Lao were being worked out in late 1986 with the help of
the UNHCR.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Laos is ruled by a small elite of the LPRP, the sole party.
There is neither freedom to participate in politics outside
the party nor popular choice of policies or officials. After
the Communists seized power in May 1975, but before the
establishment of the present regime in December of that year,
local elections were held in which voters chose from a list of
candidates selected by the party. Reportedly, those local

765

LAOS

officials not only constituted the National Council of
People's Representatives, which proclaimed the LPDR, but also
chose the Supreme People's Assembly, although the latter
process was not publicized. There have been no national
elections. A few "by-elections" have been organized to
replace representatives who have died or been transferred.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Laos has refused to cooperate with the UN Secretary General's
investigation of the use of chemical/toxin weapons in Laos.
It also does not cooperate with private international
organizations interested in human rights. It does
occasionally permit visits by officials of international human
rights organizations if the purpose of the visit is not
specifically related to allegations of human rights
violations. In the past, the Lao Government has permitted the
UNHCR to investigate to a limited degree the status of Lao
voluntarily repatriated from Thailand. In both 1985 and 1986,
the Lao received a brief visit from a high UNHCR official.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Traditionally, women in Lao society have been subservient to
men and often discouraged from obtaining an education. Today
the active. Government-controlled Lao Women's Federation has
as one of its stated goals the achievement of rights for women
"equal" to those of men. The Government claims that a higher
percentage of women make up the school population now than
before 1975, and women are being encouraged to assume a
greater role in economic and state-controlled political
activity.

Approximately half of the population in Laos is ethnic Lao,
also called "lowland Lao"; 20 percent are tribal Thai; 15
percent are Phoutheung (or Kha); and other mountain tribes
constitute another 15 percent (Hmong, Yao, and others). The
Lao Government is attempting to integrate these groups and
overcome traditional antagonisms between lowland Lao and
minority groups.

The Hmong are split on clan lines. Many were strongly
anti-Communist; others sided with the Communist Pathet Lao and
the Vietnamese. The Government is repressive toward all
groups that fought against it, especially those continuing to
resist its authority by force. The Hmong tried to defend some
of their tribal areas after 1975 and some continue to support
anti-LPDR resistance groups. Vietnamese and Lao armed forces
conduct military operations against both resistance groups,
the tribally based ones in the north and the resistance forces
from lowland Lao groups, mainly in southern Laos.

The Government wants to resettle in the lowlands some ethnic
minorities who now inhabit mountainous areas. After
resettlement they would be under closer government control and
engage in settled agricultural production rather than
destructive slash-and-burn techniques. For this purpose, the
Government has reportedly abandoned the use of force in favor
of a voluntary program based on material inducements. The
situation for local ethnic Chinese has been marked by
Government suspicion and surveillance in the period after 1979
when Sino-Lao relations deteriorated seriously. These

766

LAOS

relations appear to be on the mend after a recent Chinese vice
ministerial visit which should improve the atmosphere for the
approximately 3,000 Chinese who remain in Laos. A majority of
the Chinese community departed in the post-1975 period,
largely for economic reasons. Those who remain have
maintained Chinese schools in Vientiane and Savannakhet and
Chinese associations in several provincial capitals.

CONDITIONS OF LABOR

Laos has set neither minimum wage, maximum workweek, nor
safety or health standards for the workers in its almost
entirely rural and agricultural economy. Public wages in
particular remain extremely low. Workweeks typically are
under 48 hours, with some exceptions, such as during urgent
road-building or construction projects. Workplace conditions
are not systematically exploitative, but they sometimes fail
to protect workers adequately against sickness or accident.
Work permits customarily are not issued to persons under age
18, although children frequently work with their parents in
traditional occupations such as farming and shopkeeping.

767

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: LAOS

1934

1935

1986

I.ECON. ASSIST. -TOTAL...

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SU°P. ASSIST.)...

B.FOOO FOR PEACE ,

LOANS

GRANTS

TITLE I-TOTAL ,

REPAY. IN $-LOANS....,
PAY. IN FOR. CURR....,

TITLE II-TOTAL

E. RELIEF. EC. DEV S WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING.,
C.IHTL MIL.ED.TRN3. ,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

1.5

0.0

1.5

0.0

O.D

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

OTHER us LOANS 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

18.9

10.0

1.5.9

183.1

I3R0

0.0

IFC

0.0

IDA

3.0

0.0

3.9

5.7.1

103

0.0

AD3

14.3

9.0

12.0

72.1

AFD3

0.0

. 0.0

0.0

UNDP

4.6

1.0

0.0

43.7

OHER-UN

0.0

o'.o

0.0

10.2

EEC

0.0

768

MALAYSIA

Malaysia is a multiethnic society. Malays comprise a bare
majority of the population, the remainder consisting of a
substantial Chinese (about 33 percent), large Indian (about 10
percent), and several smaller minorities. Since independence in
1957, Malaysia has had a parliamentary system of government
based on free elections contested by several parties, almost all
of which are racially based. The ruling National Front
(composed of three major and several minor parties) has won a
two-thirds or better majority in the federal Parliament in all
seven general elections since 1957, but opposition parties are
active and vocal participants in the political system and
occasionally hold power at the state level. A strong free
market economy, abundant natural resources, and a relatively
small population have helped Malaysia become one of the most
prosperous of the developing countries. In recent years, a
worldwide commodity recession has slowed the nation's economic
growth considerably, making management of relations among ethnic
communities more difficult.

Internal security in Malaysia has been seriously threatened
twice. A major Communist insurrection began in 1948 and peaked
in the early 1950 's; it still smolders in a few border areas.
In 1969 in intercommunal rioting following national elections,
several hundred persons were reported to have died. In
addition, the Government explicitly classifies the country's
current serious drug problem as a threat to national security.
The remnants of the Communist insurgency, the possibility of
renewed communal conflict, and widespread drug abuse are cited
by the Government as justification for laws allowing preventive
detention of persons suspected of subversive activity or of
other activities, including drug crimes.

In comparison to previous regimes. Prime Minister Mahathir's
administration has been relatively restrained in its use of
Malaysia's internal security legislation to deal with political
offenses. The number detained under the Internal Security Act
(ISA) reportedly has been sharply reduced to about 50, from
about 500 when Mahathir took office in 1981. However, the
Government has made clear its intention to continue to use
security legislation when necessary in the future. Important
events in 1986 include the arrest under the Internal Security
Act, and release 5 months later, of 36 Islamic extremists
involved in a shoot-out with police; a 3-month government ban on
distribution of the Asian Wall Street Journal (later rescinded)
together with the temporary expulsion of its two Kuala
Lumpur-based reporters; and the acquittal of a prominent human
rights lawyer indicted in 1985 on charges of sedition.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, including
Freedom from:

a. Political Killing

There were no reports of political killings by the Government or
by any other organization.

b. Disappearance

There was no evidence of abduction, secret arrests, or
clandestine detention attributable to the Government or to
nongovernmental or opposition forces.

769

MALAYSIA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There was no evidence of torture. Allegations of cruel,
inhuman, or degrading treatment or p\inishment are rare.

d. Arbitrary Arrest, Detention, or Exile.

The Government can detain suspects without benefit of judicial
review under three laws. The 1960 Internal Security Act (ISA),
spawned by the Communist insurgency of the 1950 's, is aimed at
controlling internal subversion. Detainees must be informed of
the charges against them and given the opportunity to protest
those charges to an advisory board. The advisory board must
also review each case at least every 6 months. However, neither
advisory board decisions nor recommendations are binding on the
Government, which also has the power to extend detention
indefinitely in 2-year increments. According to a Home Ministry
statement, the number of ISA detainees in June 1985 was 64. It
is estimated, based on information from several sources, that
the current figure has been reduced further to about 50 .
Although members of legal opposition parties have from time to
time been detained under the ISA, almost all current detainees
are alleged members of the Communist party of Malaysia. Periods
of detention for this group reportedly range from 14 years to
under 1 year; the average is about 8 years. From January to
June 1986, 36 Islamic extremists were detained under the ISA for
their role in a November 1985 shoot-out with the police near the
village of Memali, Kedah. Eighteen police and civilians were
killed in the clash.

The Emergency Ordinance of 1969 stemmed from that year's
communal riots. The state of emergency has never been
rescinded, although Parliament regained its legislative power,
suspended as part of the emergency, in 1971. The Emergency
Ordinance gives the Government the power to detain anyone "in
the interests of the public safety or the defense of Malaysia."
As under the ISA, detainees must be informed of the charges
against them, and they can appeal to an advisory board. In
contrast to the ISA, however, the Emergency Ordinance allows the
Government to detain suspects for a maximum of 2 years, although
upon release it can put them under "restricted residence" for an
additional 2-year period. The Government has relied on the
emergency ordinance to detain suspected major narcotics
traffickers when it has insufficient evidence to prosecute them
under drug laws. Based on figures provided by the Malaysian
Government, it appears that in October 1986, about 400 suspects
were in detention.

The Dangerous Drugs Act of 1985, adopted after extensive public
hearings by a parliamentary select committee, gives the
Government a specific law under which suspected drug traffickers
can be detained. It strengthens the Government's hand in that
suspects can be held indefinitely for successive 2-year
periods. However, certain due process safeguards not found in
the Emergency Ordinance were incorporated in the antidrug law.
An "inquiry officer" must both receive a copy of the police
report to the Minister of Home Affairs which recommends
detention and also submit his views to the Minister. Also, the
opinion of the advisory board, following either its initial
hearing or its periodic reviews of each case, is binding on the
Minister. Finally, the act expires after 5 years unless
reaffirmed by Parliament. About 150 suspects were in detention
under this statute in October 1986.

770

MALAYSIA

Malaysia subscribes to International Labor Organization (ILO)
Convention 105 which prohibits forced or compulsory labor.
Malaysia has effective legal sanctions against such abuses, and
forced labor does not appear to be practiced.

e. Denial of Fair Public Trial

The Malaysian judiciary is generally regarded by the public and
the legal community as committed to the rule of law. Although
the courts have rarely challenged legislation, they have not
hesitated to rule against government prosecutors in specific
cases, both civil and criminal.

Ordinary (non security-related) civil and criminal cases are
tried under a fair and open judicial system derived from British
jurisprudence. Charges must be levied against a defendant
within 24 hours of arrest, and police must decide within 14 days
whether to bring the case to court. Defendants have the right
to counsel, and lawyers are able to represent clients without
penalty to themselves. Bail is available, and strict rules of
evidence apply in court. Defendants may appeal lower court
decisions to the federal courts and, in criminal cases, may also
appeal for clemency to the King or local state rulers, as
appropriate .

Persons detained under security legislation and for certain
classes of crimes, if their cases are brought to trial, are
tried under special procedures contained in the Essential
(Security Cases) Regulations of 1975. The accused is allowed
counsel but does not receive a statement of the evidence; trial
is by a single judge without a jury; and witnesses may be
examined in the absence of the accused. Admissible evidence
includes hearsay and secondary evidence, testimony of children
and spouses, self-incriminating statements to police, and
information from seized records or communications. If the
accused is found guilty, the judge must impose the maximum
penalty. For certain internal security crimes, including the
possession of firearms, the mandatory sentence is death. In
1986 at least one person, Sim Kie Chon, was executed after
conviction under the ISA for illegal possession of firearms.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence .

Under the ISA, the police may enter and search without warrant
the homes of persons suspected of threatening national security
and confiscate evidence from them.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.

The Constitution guarantees free speech, and in practice there
are very few constraints on freedom of expression in
conversations or private communications. Freedom of the press
is similarly guaranteed but is subject to important limitations
grounded in ownership and legislation. The Government owns all
of the country's radio stations and two of the three television
stations. The third television station and most of the press
are owned by groups close to the parties of the ruling National
Front. Furthermore, by virtue of 1984 amendments to the
Printing and Publications Act, the Government controls licenses
for all other publications, including imported ones. The
general result of these facts is that the media exercise
considerable self-censorship.

771

MALAYSIA

In late September the Government banned the Asian Wall Street
Journal for 3 months and ordered the expulsion of its two
correspondents because it was annoyed that articles in it which
criticized government policies and officials reflected poorly on
the country's image. The Malaysian Supreme Court subsequently
ruled that the Government must "show cause" before revoking a
correspondent's work permit. On November 14, conceding a
"procedural lapse," the Government also lifted its ban on the
circulation of the newspaper. The distribution of selected
issues of international publications is occasionally delayed.
An example of the Government's influence with the press was
shown in the general elections in August, when coverage of
ruling coalition candidates far exceeded that given to
opposition office seekers. Still, one opposition party scored
impressive gains.

Two other statutes which constrain the media are the Sedition
Act and the Official Secrets Act. The former prohibits public
comment on "sensitive" issues such as the constitutionally
guaranteed special position of the Malays in society. In 1985
the Government brought charges under the Sedition Act against a
prominent human rights activist and lawyer for his comments on
the aforementioned Sim Kie Chon case. The lawyer had queried
why Sim, a Chinese, was sentenced to death under the Internal
Security Act for possession of a firearm while a former cabinet
Minister, a Malay, was given a lesser sentence. In January
1986, the lawyer was acquitted by the high court.

In 1985 and 1986 one local and one foreign reporter were fined
under the Official Secrets Act (OSA) for possession of
government documents. On October 27, the Government introduced
in Parliament amendments to the OSA which would modify the
existing 1972 Act by stipulating a mandatory minimum sentence of
1 year's imprisonment, and by broadening the definition of
"Official Secret" to include virtually all government
information. On December 2, in response to widespread public
criticism, the Government modified its controversial draft
amendments to limit the prima facie definition of "Official
Secret" to Cabinet and Cabinet Committee documents. State
Executive Council documents, and those of its committees, and
documents concerning National Security, Defense, and
International Relations. On December 5, the lower house of
Parliament passed the Government's controversial amendments to
the 1972 Act.

b. Freedom of Peaceful Assembly and Association

The Malaysian Constitution guarantees the rights of freedom of
peaceful assembly and association. It also grants the
Government extensive powers to limit those rights by legislation
in the interest of security and public order. After the 1969
communal riots, the Government passed laws greatly limiting the
right to public assembly by large groups, particularly political
rallies. This ban remained in force during the August election
campaign, but in fact large assemblies were held by both
government and opposition parties, often under the rubric of
"ceramah" (ostensibly a religious teaching/discussion session) .
The controversial Societies Act empowers the Government in
effect to prohibit societies which comment unfavorably on
political or public issues; this Act is used by the Government
to set limits to lobbying by groups, although not to suppress
such activity entirely. Under the Universities and University
College Act, student associations must be approved by the
Ministry of Education and are prohibited from engaging in
political activity.

772

MALAYSIA

The Trade Unions Act of 1959 and the Industrial Relations Act of
1967 govern the rights of workers to engage in trade union
activity. The latter specifically prohibits any person from
interfering with, restraining, or coercing a worker in the
exercise of the right to form or participate in the lawful
activities of a trade union. Unions may bargain collectively
with an employer, form federations, and join international labor
organizations. The law restricts an individual union to a
single industry and gives the registrar of trade unions wide
authority to determine the definition of an "industry." Some
union leaders claim this authority has been used to restrict the
activities of certain unions. Federations of trade unions
similarly may cover only a single trade or industry. As a
result, only a federation for public servants and one for
teachers have been registered. The Malaysian Trade Union
Congress (MTUC), the main labor federation in the country, is
registered under the Societies Act. MTUC leaders have in the
past requested, unsuccessfully, registration as a federation
under the Trade Unions Act.

Although labor standards in free trade zones are the same as
those in the rest of Malaysia, union leaders and some workers
have been unhappy about their inability to obtain recognition
for an electronics component industry union. Most electronics
component factories are located in the free trade zones and are
foreign owned. (Conditions of employment and wages in
electronics component manufacturing plants are among the best in
Malaysia's manufacturing sector.) When the plants were first
established in the early 1970 's, an attempt was made by the
Electrical Industry Workers' Union (ElWU)to organize the
workers. The registrar determined that the EIWU could not
organize workers in electronics component factories because they
were not part of the electrical product manufacturing industry.
A second legal challenge was mounted by the Malaysian Trades
Union Congress (MTUC) in the early 1980 's when it attempted to
organize electronics component workers. The High Court
determined early in 1985 that the MTUC did not have standing in
this matter as it does not represent electronic workers and is
not a trade union. It is widely believed among union leaders
that the Government, as an inducement to electronics component
manufacturers in the free trade zones, has offered such firms
varying periods of union-free operation.

Labor legislation grants the right to strike to Malaysian
workers. However, union leaders complain that 1980 amendments
to the two acts noted above interfere with their right to strike
and to bargain collectively without fear of coercion. Specific
union charges about government interference with the right to
strike and bargain collectively are contained in a complaint
presented to the ILO by the MTUC. The MTUC alleged that the
amendments to the Trade Union Ordinance of 1959 and the
Industrial Relations Act of 1967, passed in May 1980, contain
prohibitive and oppressive antiunion provisions which erode the
basic rights of workers, restrict union activities, and result
in government and employer interference in the internal
administration of unions. In 1983 the ILO urged the Malaysian
Government to amend these laws further to bring them into
conformity with the Convention on the Right to Organize and to
Bargain Collectively. Many union leaders also believe that
creation of the Industrial Court to handle industrial disputes
weakened their legal position because at the same time they lost
the right, in almost all cases, to take contract disputes to the
regular courts. In 1985 the MTUC and the Malaysian Employers
Federation conducted a joint seminar on Malaysia's labor laws in

773

MALAYSIA

which Ministry of Labor personnel participated. This process is
continuing but has yet to produce any results.

As of December 1985, there were 369 individual unions in
Malaysia with just over 600,000 members (10 percent of the labor
force). Union membership declined during 1986, partly as a
result of the replacement of union-organized plantation workers
with unorganized contract labor and partly because a recession
has slowed economic activity, especially in the most organized
sectors of the economy. Unions are not permitted to engage in
political activity, but individual trade union leaders have
served in the Parliament, and individual union members may
belong to political parties. Malaysian trade unions are free to
associate with the appropriate International Trade Secretariats,
and a number of Malaysian labor leaders play major roles in
international labor affairs. The President of the National
Union of Plantation Workers, P.P. Narayanan, is also president
of the International Confederation of Free Trade Unions.

c. Freedom of Religion.

The official religion of Malaysia is Islam, and Malays are
legally bound in some civil matters, e.g., family relations and
diet, by Islamic religious laws administered by state rather
than by federal authorities. An Islamic religious establishment
is supported by government funds, and it is government policy to
"infuse Islamic values" into the administration of Malaysia.
However, the Constitution guarantees freedom of religion for
all, and the Government has refused to accede to demands for the
imposition of Islamic religious law in cases involving
non-Muslims. Religious minorities, which include large Hindu,
Buddhist, Sikh, and Christian communities, freely practice their
faith without interference by the Government. Conversion is
permitted, but proselytizing of Muslims is strongly discouraged.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Persons wishing to travel abroad must obtain passports, which
have been denied in a few cases on what the Government terms
security grounds. Travel to the Soviet Union and several
Eastern bloc countries is restricted, although in 1985 controls
on travel to some East European countries were reduced.
Traditionally tight controls on travel of Malaysian Chinese to
China also have been relaxed recently. They can visit China for
medical treatment, to see relatives, to tour (if over age 60),
and for business trips when they can satisfy the Government that
such commerce will be of "net benefit" to Malaysia.

Malaysia has provided first asylum to more than 200,000
Vietnamese refugees since 1975. It has cooperated closely with
international organizations and resettlement countries in
facilitating the eventual movement of the refugees to those
countries. Malaysia itself has resettled over 8,000 Khmer
Muslim refugees, but has not accepted non-Muslim refugees for
permanent settlement. At least 40,000 Philippine Muslims have
permanently settled in Sabah since 1975, although they have not
been offered citizenship.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Malaysia's parliamentary system is based on the British model.
The Prime Minister and Cabinet are responsible to Parliament.
Elections must be held at least once every 5 years. The

774

MALAYSIA

opposition concedes that elections to date have been free and
fair; votes are cast secretly and recorded accurately. Through
the United Malays National Organization, Malays dominate the
ruling national front coalition of ethnic-based parties which
has controlled Parliament since independence. Malays fill most
important cabinet posts. The National Front parties benefit
substantially from gerrymandered electoral districts. In August
1986, the National Front won 148 of the 177 seats in the House
of Representatives. Although the opposition regularly
criticizes the Government in Parliament, it rarely succeeds in
influencing legislation.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Malaysian Government strongly resents criticism of its human
rights record. In March ex-Foreign Minister Rithauddeen told
Parliament that there was a "conspiracy" by Amnesty
International to make Malaysia a target for pressure on human
rights matters. He rejected any such criticism, maintaining it
was the duty of all citizens to "counter efforts by outsiders to
tarnish the country's image." He also struck out at local
groups he claimed were "collaborating" with Amnesty
International in its attention to Malaysia. While there are no
organizations in Malaysia which deal specifically with the
protection of human rights, a number of groups, including the
Bar Council, a Muslim youth movement, and various public
interest organizations, devote some time to the subject. The
Government tolerates their activities but rarely responds to
their inquiries or occasional press statements. The Government
generally does not take an active role in international forums
on human rights issues, maintaining that such issues are
internal matters. However, the Prime Minister in particular has
been very outspoken in criticism of South Africa for its
apartheid policy.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Government implements on an extensive scale programs
designed to boost the economic position of the ethnic Malay
majority which remains poorer, on average, than other Malaysians
despite its political dominance. As a result of these
government programs and policies, non-Malay opportunities for
education, government employment, and ownership of new
homesteads are limited.

There are no restrictions on the political rights of Malaysian
women. Government policy supports their full and equal
participation in government, education, and the work force. The
position of women in society is conditioned by the cultural and
religious traditions of the country's major ethnic groups. With
a general resurgence of Islamic piety among Malays, Malay women
have in recent years tended toward close conformity with Koranic
stipulations on women's roles.

CONDITIONS OF LABOR

Various government regulations are designed to ensure that
workers enjoy acceptable conditions of work. Work hours are not
to exceed 8 hours per day or 48 hours per week, and vacation
time must be granted. Factories maintain minimum standards of
industrial safety and insurance plans. Employers must provide

775

MALAYSIA

severance pay and contribute to the Employers Provident Fund
(EPF) which provides retirement benefits. Some 90 percent of
workers are covered by either the EPF or the government's own
pension plan for public servants. However, there is no minimum
wage except in a few minor occupations. In addition, many
nonmanual employees paid over US$380 per month are not covered
by the Employment Act .

Plantation work is increasingly being done by contract workers,
many of whom may be illegal immigrants from Indonesia. Working
conditions for contract workers are significantly below those of
direct hire plantation workers, many of whom belong to the
National Union of Plantation Workers. Additionally, many of the
immigrant workers, particularly the illegal ones, may not have
access to Malaysia's excellent judicial labor system.
Employment of children is covered by the Children and Young
Persons (Employment) Act of 1966, which stipulates that no child
under age 14 may be engaged in any employment except light work
in a family enterprise, in public entertainment, work performed
by the Government in a school or training institution, or
employment as an approved apprentice. It is illegal for
children to work more than 6 hours per day, more than 6 days per
week, or at night.

776

U.S. OVERSEAS

•LOANS AND GRANTS" OBLIGATIONS ANO LOAN AUTHORIZATIONS
<U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: MALAYSIA

1934

1985

1986

I.ECON. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) ...

B.FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

i^EPAY. IN t-LOAMS

PAY. IN PQR. CURR

TITLE II-TOTAL

E. RELIEF. EC. DEV S WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
:.INTL MIL. ED.TRNG. ...
D.TRAN-eXCESS STOCK...
5. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS.. . .

a MIL...

0.1

0.0

0.1

0.0

3.0

0.0

0.1

0.0

0.1

0.0

0.1

3.0

0.0

10.9

5.0

2.4

10.0

4.0

1.5

0.9

1.0

0.9

0.0

10.0

4.0

1.5

0.9

1 .0

0.9

0.0

11 .0

5.0

2.4

10.0

4.0

1.5

1.0

0.9

OTHER US LOANS...,
EK-IM BANK LOANS.
ALL OTHER

1.9
0.0
1.9

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL ,

230.2

250.2

4 la . 5

3295.5

IBRD

73.0

89. S

331.1

2078.9

IFC

1.0

0.0

21.2

IDA

0.0

ID3

0.0

A03

12B.3

159.1

37.4

1137.0

AFDB

0.0

0.3

. 0.0

0.0

UNDP

0.9

1.5

0.0

45.2

OTHER-UN

0.0

o:o

0.0

13.2

E = :

0.0

777

MONGOLIA

Mongolia, or the Mongolian People's Republic, is a rigidly
controlled Communist state. The Mongolian Communist party,
the Mongolian People's Revolutionary Party (MPRP), is the only
political party permitted to fvinction. The leadership of the
country is vested in a 10-person Politburo of the MPRP Central
Committee headed by Jambyn Batmonh. Nominally, the People's
Great Hural, or National Assembly, enacts the basic laws of
the country. It meets for 3 days once each year. Between
sessions, the Council of Ministers (Cabinet), issues current
legislation.

The Soviet Union dominates Mongolia politically and
economically. The Mongolian State is modeled on the Soviet
system, and MPRP Leaders travel often to Moscow for
consultations. The Soviets station approximately five combat
divisions on Mongolian soil. As in the political arena,
Mongolian economic life is shaped by the Soviet bloc:
approximately 95 percent of Mongolia's foreign trade is
conducted with the Soviet Union and Eastern Europe. Soviet
involvement in the Mongolian economy is largely exploitative,
particularly in the area of mining and mineral exporting. The
Mongolian economy remains heavily agricultural with an emphasis
on animal husbandry and animal products.

Little information is available concerning government control
or treatment of Mongolian citizens. There are no known
domestic opposition groups, and emigres are few. Much of what
information is available comes from the Mongolian regime. The
few resident diplomats and occasional visitors to Mongolia are
mainly limited to the capital city (Ulaanbaatar ) . Travel to
other parts of the country is restricted.

It is known, however, that Mongolian life and society are
highly regimented. Few Mongolians are authorized to travel
outside the Soviet bloc countries. Political opposition to
the MPRP is not permitted. Freedoms guaranteed to the
individual under the Mongolian Constitution, including speech,
demonstration, and assembly, can be exercised only to
"strengthen the Socialist state system." In effect,
individual civil and political liberties do not exist and
there is nothing to indicate that this situation is likely to
change in the foreseeable future.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There is no information available concerning political
killings in Mongolia.

b. Disappearance

There is no reliable information available concerning
disappearance in Mongolia. High government officials
occasionally are removed from office and drop from public
view, and no information is released concerning their return
to private life.

778

MONGOLIA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

No information is available concerning this subject.

d. Arbitrary Arrest, Detention, or Exile

No information is available on these subjects or on the
subject of forced or compulsory labor.

e. Denial of Fair Public Trial

Current civil and criminal codes stipulate the right of the
accused to judicial process, a legal defense, and public trial
"except as stipulated by law." Closed proceedings are
permitted in the case of crimes against the State. The civil
code places a heavy emphasis on this category of crimes and
the MPRP controls all legal systems.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The right to privacy of person, home, and correspondence is
guaranteed in the Constitution, but there is no information
available concerning the application of these rights by
Mongolian authorities. Travel, as well as job and residence
changes, are decided in accordance with economic needs as
determined by the State.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech, but specifies
that the exercise of individual rights must be to "strengthen
the Socialist state system. " Actions deemed by the MPRP to
fall outside this guideline would likely result in arrest and
detention. Criticism of the Government is not tolerated.
Control is exercised through various government organizations,
notably the People's Control Organization, extending down to
the neighborhood committee level. The press serves primarily
as a propaganda tool. Representatives of non-Communist
foreign media are able to travel to Mongolia, but find it
necessary to arrange their trips well in advance. Academic
and artistic life also is tightly controlled in accordance
with government policy.

b. Freedom of Peaceful Assembly and Association

Freedom of demonstration and assembly are guaranteed by the
Constitution, but in practice only government-authorized
organizations may assemble and the only demonstrations allowed
are carefully orchestrated by government authorities.

The Constitution gives workers the right to organize
professional and trade unions, but all are controlled and
directed by the Government to promote its policies. While the
Labor Law does not mention collective bargaining specifically,
it does provide for the settlement of labor grievances by
"Commissions for Labor Disputes" formed by local trade union
councils and people's courts, and composed of equal numbers of
trade union council representatives and enterprise managers.
There is no information on how this has worked in practice.

779

MONGOLIA

c. Freedom of Religion

Freedom of religion exists in theory, but the current regime
strictly controls religious activity through an Office of
Religious Affairs attached to the Council of Ministers.
Religion no longer plays any significant part in the lives of
most Mongolians. Lamaism, which was a central force in
Mongolian life prior to the establishment of the Communist
Government, has been reduced to a few showcase monasteries and
a handful of monks, the former serving primarily as showpieces
for tourists and the latter as propagandists. Religious
figures do not hold high positions in government.
Nonetheless, the Asian Buddhists Conference for Peace
maintains its headq^iarters in Ulaanbaatar .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Until recent years, few Mongolians traveled abroad, even to
the Soviet Union. Foreign travel usually has been permitted
only for official purposes, but government-sponsored education
abroad has become increasingly common. In recent years, as
many as 40,000 Mongolian youths have gone to the Soviet Union
yearly for short training programs. Almost all travel abroad
remains restricted to Soviet bloc countries. There is no
known routine emigration from Mongolia.

All Mongolians over age 16 must have internal passports and
must obtain permission from the Security Bureau in order to
travel within the country. Attempts to change jobs or
residences must be approved both by the Security Bureau and
the People's Control Organization.

Although the 1978 Constitution guarantees the right "to reside
in the territory of the MPR" to foreign citizens, Mongolian
authorities in May 1983 began a systematic expulsion of ethnic
Chinese, most of whom reside in and around Ulaanbaatar. Many
of the 6,000 to 7,000 ethnic Chinese in Mongolia evidently
were offered a choice between resettlement in the barren
northern part of the country or expulsion to China. The
Mongolian authorities claimed the expellees had no formal
occupation and/or did not abide by Mongolian law, despite the
fact that many of them had been living and working in Mongolia
since the 1950 ' s .

By late September 1983, over 2,000 Chinese had returned by
train to the People's Republic of China. The expulsions
continued in 1984, though apparently at a reduced rate. Some
estimates place the number of Chinese who left Mongolia in
1984 at approximately 1,000. There is no accurate count of
the number of ethnic Chinese remaining in Mongolia.

In line with the limited improvement of Sino-Mongolian
relations in recent years, Mongolia reportedly ceased
arbitrary expulsion of ethnic Chinese in 1985. A bilateral
consular treaty regarding treatment of their nationals was
signed by Mongolia and China in July 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Mongolian People's Revolutionary Party does not tolerate
political groups outside of its control. It is established on
the Soviet model with a narrow pyramid of power topped by
Party General Secretary Batmonh. Lower-ranking members of the

780

MONGOLIA

MPRP have no real ability to influence the decisions of their
superiors. Elections are held at regular intervals, but only
one candidate is listed for each office, so the choice is to
vote for him or cross his name out. The 1986 election to the
Great Hural brought into office a large group of younger
officials in their 40 's. Many elections purportedly result in
a 99.9 percent turnout and the sole candidate regularly
receives the entire vote. While there is no officially
espoused policy of minority disenf ranchisement , there is no
evidence of religious persons occupying elite party or
government positions, and only a few members of minorities do
so.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Mongolia acceded to the United Nations Covenant on Civil and
Political Rights in 1976. However, the Mongolian regime has
consistently followed the Soviet human rights policy and
practice, whether or not it is consistent with the Covenant.
There have been no known opportunities for outside
investigators to examine human rights practices. It is highly
unlikely that Mongolian officials would permit such an
investigation by any outside authority or organization. There
is no known organization dedicated to the protection of human
rights in Mongolia.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There appears to be little discrimination in education on the
basis of race, sex, or religion.

Universal franchise and equal rights for women are official
policy. According to government statistics, the percentage of
women in the workforce rose from 30 to 46 percent between 1960
and 1980. From 1951 to 1986, the number of women deputies
elected to the Great Hural, which has approximately 370
deputies, increased from 51 to 92. Women constitute 30.3
percent of the MPRP membership. Few women occupy positions of
responsibility in the Government or in party structures. One
woman is a member of the 10-person Presidium, the acting
legislative body between sessions of the Great Hural. It is
reported in Mongolian media that women hold high professional
positions in institutions such as hospitals. The Mongolian
Women's Committee is the only known organization devoted to
women's interests. It is controlled by the MPRP, and its aims
are unknown.

CONDITIONS OF LABOR

The Mongolian Labor Law sets a minimum work age and maximum
work hours for all workers, and exhorts state enterprises to
observe work safety requirements. Children under age 16 are
not permitted to work, although those age 15 may work if
allowed to by the local trade union committee. Those under 18
are prohibited from doing arduous work or from working in
dangerous areas such as mining. The workday for adults is 8
hours, for those age 16-18 it is 7 hours, and for those age 15
it is 6 hours.

781

NAURU

Nauru, the world's smallest republic, consists of a single
central Pacific island of 8.22 square miles with a population
of approximately 8,000. As a League of Nations mandate and a
United Nations trust territory, Nauru was administered by
Australia on behalf of the Governments of Australia, New
Zealand, and the United Kingdom. Upon independence on January
31, 1968, Nauru adopted a modified Westminster form of
parliamentary democracy.

Nauru has two levels of government, the unicameral Parliament
and the Nauru Local Government Council (NLGC) , both popularly
elected bodies. All Nauruans over the age of 20 are required
to vote in parliamentary elections (21 is the minimum age in
NLGC elections). The Parliament, consisting of 18 members
from 8 constituencies, is elected at least every 3 years. It
is responsible for national and international matters. The
national government owns the Nauru Phosphate Corporation (NPC)
and the national airline, Air Nauru. The NLGC acts as the
local government and is responsible for the welfare of the
Nauruan citizens. It also operates retail outlets, is the
principal importer for the country, and owns a shipping line.

The President, who is both head of state and head of
government, is elected by Parliament from among its members.
He presides over a Cabinet of four or five ministers. There
are no formal political parties; thus, the President must win
and retain the support of a majority of individual
parliamentarians. The economy is based on the exploitation
and marketing of Nauru's rich phosphate deposits. The NPC ' s
profits are the primary source of revenue for the Government
(there are no consumption or income taxes). About 60 percent
of the NPC ' s earnings are placed by the Government in
long-term investments, the income from which will be used to
support the Nauruans after the phosphate reserves have been
exhausted. In the meantime the NPC pays rent to the owners of
the land which it mines. Although the other large economic
enterprises on Nauru (e.g.. Air Nauru, the Nauru Corporation)
also are owned by the Government or by the NLGC, several
small, private businesses operate successfully.

Nauru has no armed forces, though it does maintain a police
force of approximately 60 officers under civilian control.
The courts are independent and effectively enforce the
Constitution, which guarantees human rights.

There were no reports of human rights abuses during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom From:

a. Political Killing

There were no reports of politically motivated killings.

b. Disappearance

There were no known instances of political disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

These practices are prohibited by the Constitution and this
prohibition is respected.

782

NAURU

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention, and
this prohibition is respected. The police cannot hold a
person for more than 24 hours without a hearing before a
magistrate. Exile is not practiced, though persons found to
be "mentally disordered" by either two medical examiners or,
in the case of a finding of not guilty due to mental
incapacity, by a court, may be sent to appropriate medical
facilities in Australia. However, upon discharge from such
facilities, they may return to their places of original
residence. Forced labor is forbidden by the Constitution,
except as part of a sentence or court order .

e. Denial of Fair Public Trial

The Constitution guarantees both a fair hearing and a public
trial. Defendants may have legal representation, and a
representative will be appointed where, "in the interest of
justice," one is required. Due to the paucity of trained
lawyers Nauru, a legal representative might not be an
attorney, but instead a trained paralegal, certified by the
Government to plead cases in the courts.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Protection from these abuses generally is provided by the
Constitution. However, permission for a Nauruan to marry a
non-Nauruan must be obtained from the Nauru Local Government
Council. Such permission has not always been forthcoming,
though there were no reports of any refusals in 1986. Also,
while most foreign workers may bring their families to Nauru
for the duration of their 2-year contracts, this privilege is
denied to Filipino workers.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of expression is guaranteed by the Nauruan
Constitution. Nevertheless, the Island's one radio station
and one (weekly) newspaper are owned and operated by the
Government. While the parliamentary opposition, private
groups, and individual persons may voice opposition to the
Government, they do not usually receive local media coverage.
The lack of an independent press, however, appears to be more
a function of economy than of government policy; the small
audience makes economic survival difficult for private media
ventures. Foreign publications are freely available.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is guaranteed in
Nauru. However, there are no political parties nor trade
unions on the Island. The transient nature of the foreign
work force and the relative prosperity of the Nauruans
minimize the motivation to organize the labor force.

c. Freedom of Religion

Freedom of religion is protected by the Constitution, and no
official religion is recognized by the Government. Several
different Christian denominations are established on the
I s 1 and .

783

NAURU

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Nauruans are free to move and travel both domestically and
internationally. Foreign workers must apply to their
employers for permission to leave during the period of their
contracts. They may break the contract and leave without
permission but would lose their positions as a result.
Foreign employees whose contracts are terminated by their
employers must leave Nauru within 60 days in most cases.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Nauru is a democracy without organized political parties.
Persons with diverse points of view run for and are elected to
Parliament and to the NLGC . The current President, Hammer
DeRoburt, has held office for most of the period since
independence. Nevertheless, on three separate occasions
Parliament has elected other persons as president (albeit they
usually served only for short periods of time), and power has
been transferred peacefully. In the next scheduled elections,
in December 1986, no parliamentary seat is expected to be
contested by fewer than two candidates.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There have been no allegations by outside organizations of
human rights violations in Nauru nor any requests for
investigations .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution guarantees women the same freedoms and
protections as men. They are provided equal opportunities by
the Government in education and employment, and are free to
own property and pursue private interests. However, some
discrimination based on sex exists, in part based on
traditional culture. For example, all members of Parliament
and most senior officials and managers are men, though there
is no legal bar to women obtaining these positions. In
regional forums, the Government is a leading advocate of the
advancement of women.

CONDITIONS OF LABOR

No information is available on Nauruan domestic labor
legislation. Since the demand for skilled and unskilled labor
as well as managerial talent exceeds the supply in the
country, workers are recruited overseas. Each worker enters
into a 2-year contract which sets out the terms and conditions
of employment .

As virtually all foreign workers are under contract to the
Government (and the government-owned NPC), the Government has
total authority to terminate contracts and require workers to
leave their jobs and the country. There have been rumors in
the past that some workers ' contracts were terminated
capriciously. However, contract terms, including information
about termination, are known to the workers before they agree
to accept employment. There were no allegations of abuse of
this power by the Government in 1986.

784

NEW ZEALAND

New Zealand's system of government is patterned on that of
Great Britain, with executive authority vested in a 20-member
cabinet led by the prime minister. Of the 95 members of the
unicameral legislature, 4 are elected from a separate roll to
represent the minority population of native Maoris.

Of New Zealand's population of 3,310,000, native Maoris of
Polynesian origin number 295,000, and 96,000 are Polynesians
from other Pacific Islands. The rights of the increasingly
urbanized, disadvantaged, and activist Polynesian minority
have been receiving increased public attention, and this
concern has been institutionalized in the Ministry of Maori
Affairs .

Real annual average economic growth has been low in recent
years. However, the free enterprise economy affords the
opportunity for a reasonable standard of living for most New
Zealanders. Education is freely available to all.

In 1986 New Zealand continued its excellent record in the
human rights field. New Zealanders continue to enjoy personal
freedom, freedom of religion, freedom of the press, universal
suffrage, and the rule of law. Respect for minority rights,
concern for the economically deprived, and the humane
treatment of prisoners are accepted principles.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political motives by the Government or by New
Zealand political organizations does not occur.

b. Disappearance

There have been no instances of political disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The rights of those arrested in New Zealand are protected by
law and observed in practice. Prisoners are provided access
to legal assistance and allowed visits by family members.
Food, facilities, and medical care are good. Prisoners are
given the opportunity to work.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest, detention, and exile is
guaranteed under New Zealand law and respected in practice.
New Zealand law provides for a writ of habeas corpus. Persons
arrested in New Zealand are charged promptly. Access to
counsel is prompt, and legal aid is provided by the court to
those who cannot afford to pay for a private attorney. New
Zealand does not permit preventive detention or the use of
forced or compulsory labor.

e. Denial of Fair Public Trial

New Zealand law guarantees a prompt, public trial. The rights

785

NEW ZEALAND

of the accused are scrupulously maintained and subject to
public scrutiny. The judiciary operates independently of
executive or legislative influence.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The right to privacy is guaranteed under New Zealand law. The
Government does not violate the privacy of the individual, the
sanctity of the home, or the integrity of correspondence.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and the press are guaranteed by New Zealand
law and respected in practice. There are 150 newspapers and
590 magazines published. These cover the spectrum of
political and social thought. The Government makes no attempt
to censor the press, and opposition viewpoints are freely
discussed.

b. Freedom of Peaceful Assembly and Association

There are no restrictions on peaceful assembly or association.

Independent labor unions, which in 1985 encompassed 41 percent
of the work force, actively engage in recruiting members and
in collective bargaining, and they have the right to strike.
Public sector unions are in some cases precluded from engaging
in strike action but generally only for reapons of public
safety. Mediation and arbitration procedures are independent
of government control. Unions freely maintain relations with
international bodies and participate in bilateral exchanges.

c. Freedom of Religion

New Zealand enjoys a long tradition of religious tolerance.
All faiths are given equal treatment under the law.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no controls upon citizens of New Zealand regarding
internal movement or resettlement. Foreign travel is
unrestricted, and the right to return is guaranteed. Within
the limits of the nation's resources. New Zealanl accepts and
resettles refugees. Asylum requests are handled in the same
manner as refugee cases.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The New Zealand Government is freely elected by its people.
Two major parties. Labour and National, dominate the political
scene and have alternately formed governments since the
1930 's. There are other smaller parties and groups which are
mostly devoted to limited and parochial issues, and are
usually of little consequence in the national electoral
process. Universal suffrage at 18 years of age and triennial
elections provide the opportunity for citizens of New Zealand
to change their government. There are no restrictions based
upon race, sex, creed, or national origin which limit
participation in the political process. Voting rates remain

786

NEW ZEALAND

high, and participation in political groups is common.
Opposition groups have every opportunity to voice their views.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In the absence of allegations of abuse of huiman rights in New
Zealand, no international or nongovernmental bodies have
conducted investigations. New Zealand's endorsement of the
principles of human rights is clearly demonstrated by its
participation in local, national, and international bodies
organized to protect human rights and prevent discrimination.
Local human rights groups include governmental entities such
as the New Zealand Human Rights Commission, the New Zealand
Council for Civil Liberties, and private organizations such as
the Citizens Association for Racial Equality, the New Zealand
Chapter of the International Commission of Jurists, the Race
Relations Conciliator, Amnesty International, and the National
Organization of Women.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Despite the historical absence of overt discrimination, the
Maori population, which is largely young and urbanized (90
percent now living in cities) remains marginally educated and
economically disadvantaged. Notwithstanding the noteworthy
success of some Maori and extensive intermarriage with Pakeha
(Caucasians), the stresses of transferring from a rural,
traditional society to an urban Western environment are
evident in various social indicators. Concurrently, there has
been a rise in Maori activism as well as development of some
ethnic radicalism.

There is growing sensitivity to the status of women. In 1985,
the Labour Government established a Ministry of Women's
Affairs and also ratified the U.N. Convention for the
Elimination of All Forms of Discrimination Against Women. In
addition, the Human Rights Commission (established in 1977 by
the Human Rights Commission Act) continues to hear complaints
about most forms of discrimination. The largest category of
complaints concerns discrimination against women in employment.

CONDITIONS OF LABOR

New Zealand enforces a 4 0-hour work week and a minimum 3-week
annual paid vacation for all employees, in addition to 11 paid
public holidays. Children under age 16 cannot be employed
without special government approval and must not work at all
between 10 p.m. and 6 a.m. The hourly minimum wage is about
US$2.10. Acceptable conditions of work are guaranteed both by
national statute, such as the Machinery Act that requires
secure fencing around most moving and dangerous parts of
machines, and by safety, health, and welfare provisions
included in collective agreements.

787

PAPUA NEW GUINEA

Papua New Guinea, the largest and most populous nation in the
southern Pacific, covers half of the second largest island in
the world plus additional islands to the north and east,
together constituting a large portion of the cultural area
commonly referred to as Melanesia. It has a federal,
parliamentary form of government with a unicameral
legislature. Political legitimacy rests on popular will
expressed by majority vote in accordance with a Constitution
embodying extensive public consultation and Melanesian
tradition, which in general accords prestige based on
individual accomplishments rather than heredity. The
military, police, and intelligence services are under civilian
control. Transfers of power since independence in 1975 have
been peaceful and in keeping with the Constitution. In
November 1985, Papua New Guinea experienced its third peaceful
change of government since independence after a parliamentary
vote of no confidence in Prime Minister Michael Somare. A new
Government headed by Prime Minister Paias Wingti has been in
power ever since. Also in November 1985, the Government
terminated a state of emergency and curfew imposed 6 months
earlier in response to widespread crime.

A special problem is presented by more than 10,000 people from
Irian Jaya who have illegally crossed into Papua New Guinea
and who are now living in camps near the border. The
Government has asked the assistance of the United Nations High
Commisioner for Refugees (UNHCR) in determining which of these
people are refugees. It is encouraging voluntary repatriation
of the others.

The economic system has three parts: the traditional, rural,
subsistence economy which supports about 80 percent of the
population; the privately controlled money economy; and
enterprises in which the Government has invested. The private
sector produces most of the wealth and provides three-fourths
of government revenues; most of the remainder is aid from
Australia. Papua New Guinea has major mineral, timber, and
hydroelectric resources which are only just beginning to be
developed.

In 1986, as in previous years, no noteworthy human rights
violations occurred in Papua New Guinea. A network of social
and political institutions, including vigorous parliamentary
democracy, a concerned and growing legal profession, active
churches, a lively free press, and an increasingly informed
citizenry are effective in maintaining human rights

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Neither the Government nor any opposition group has resorted
to political killing.

b. Disappearance

There were no reports of politically motivated disappearance.

788

PAPUA NEW GUINEA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution forbids torture and cruel or degrading
treatment. The prison population is one of the highest per
capita in the world, due to the nation's unusually high crime
rate. However, prisoners generally are treated fairly and
humanely. The public, press, and clergy are keenly sensitive
to allegations of police misbehavior. The courts and
Ombudsman Commission investigate the small number of
complaints and intervene when abuses are discovered. Civil
damages have been awarded and offending officials punished in
such cases.

d. Arbitrary Arrest, Detention, or Exile

Politically motivated arrests do not occur, and the courts
vigorously enforce constitutional protections against
arbitrary arrest or detention. Exile is not practiced.
Warrants are recjuired for arrests. Suspects have free access
to a lawyer of their choice, and, in serious cases, counsel is
provided at state expense. Suspects and their counsel are
informed of charges and have the right to judicial review of
detention. A reasonable bail is allowed, except when a judge
rules that the risk of flight or further crime warrants
detention. The Constitution forbids slavery and slave trade
in all forms including forced or compulsory labor, except when
the latter is imposed as a condition of sentence after due
process of law.

e. Denial of Fair Public Trial

The right to a fair, public trial is strictly observed.
Defendants are represented by counsel. A high crime rate and
a shortage of funds, police, and judicial personnel have
caused the time spent awaiting trial for serious offenses to
increase in recent years. Provision is made for writs of
habeas corpus. Persons may not be held without trial for more
than 6 months. The courts are free from executive, political,
or military interference. There are no political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Sanctity of the home and family and privacy of correspondence
are observed.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

An independent press, effective constitutional guarantees, and
a functioning democratic political system combine to insure
freedom of speech and press. The state-owned radio gives
significant coverage to the statements of opposition
politicians. Pornography is prohibited. Films are censored
for suitability and classification based on sexual
explicitness and degree of violence. Academic freedom is
respected.

b. Freedom of Peaceful Assembly and Association

The rights of association, to engage in collective bargaining,
to join industrial organizations, and to seek employment are
legally guaranteed and protected by the Constitution and are

789

PAPUA NEW GUINEA

freely exercised. Although there is a legal requirement that
a permit be obtained before a demonstration, no application
has been denied recently. Labor unions are protected by law
and are active and important in the country's economic and
political life. Over 50 trade unions exist, among which the
most significant are the various public employees ' associations,
the two mineworkers' unions, and the dockworkers' union. The
private sector unions are free to strike and do so regularly.
Papua New Guinea is a member of the International Labor
Organization, and union executives often attend international
councils. Employers' associations also flourish.

c. Freedom of Religion

Freedom of religion is guaranteed by law. There are no
controls on the practice of religion and there is no religious
discrimination. A wide variety of indigenous and Christian
denominations flourish. Missionaries are allowed to work
freely in the country.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement of Papua New Guinea citizens within, into,
and out of the country is not restricted by law.
Naturalization is available to foreign residents who satisfy a
residence requirement and are sponsored by a village; it can
be revoked only for fraud. Freedom of movement was curtailed
temporarily by the curfew imposed from June to November 1985
to combat crime. The measure was based on the emergency
provisions of the Constitution and was exceedingly popular,
but was, nevertheless, challenged by legal specialists
concerned about human rights. There were some allegations of
abuse of police power in connection with the heightened
surveillance which accompanied the emergency, as well as
considerable sentiment on the part of many citizens that the
police should be tougher. Charges of police abuse have been
actively investigated. Armed conflict between tribal groups
remains a serious problem in the Highlands region where
one-third of the population lives. Although its origins are
traditional, many experts believe that continued tribal
fighting is a reaction to the increasingly impersonal
governmental structure and court system. The use of firearms
in tribal fights, in addition to axes and bows and arrows, is
increasing. Recently the Prime Minister persuaded four
provincial premiers in the Highlands region to ban sales of
alcohol in an effort to control its very destructive
consequences .

The new Government of Paias Wingti inaugurated a revised
policy toward the approximately 10,000 people from Irian Jaya
living in camps along the border and the related Irian Jaya
separatist movement, Organizasi Papua Merdeka (Free Papua
Movement) or 0PM. The Government has announced its intention
to sign the U.N. Convention on Refugees and invited the UNHCR
to play a major role in determining which of the border
crossers are politically motivated. At the same time, the
Government is cooperating with the Indonesian authorities to
encourage voluntary repatriation of those border
crossers — probably the majority — who do not fear persecution
should they return. In addition the Government is planning to
resettle the border crossers from the 14 border camps where
they are currently located to 2 large settlements further away
from the border, where it will be less expensive to supply
them and where they can in time more easily support themselves.

790

PAPUA NEW GUINEA

This resettlement is likely to be a long and expensive
process. The Government has continued to express concern
about the activities of the 0PM. It has repeatedly emphasized
that it will not allow Papua New Guinea to be used as a base
for 0PM guerilla operations into Indonesian territory. On the
other hand, the Government remains sensitive to those who
argue that it has a moral responsibility to provide permanent
asylum or find asylum in third countries for politically
motivated border crossers and to support their cause against
the Government of Indonesia. The Government has repeatedly
stated it will (with the help of the UNHCR) consider the
effects of repatriation on a case-by-case basis and not
forcibly repatriate anyone judged to be a refugee.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Papua New Guinea has a unicameral legislature composed of
representatives from 19 provinces and the national capital.
None of the seven organized parties has an absolute
parliamentary majority. The present Government is a coalition
of five parties. Politics are marked by keen competition for
elected offices and loose party structures. Parliamentarians
can and occasionally do cross party lines during votes. Any
citizen can run for Parliament, and several members are
foreign born. Three peaceful changes of government have taken
place since independence. Preparations currently are under
way for national elections, which must be held by June 1987, 5
years after the date of the previous election. Candidates
have already commenced active campaigning. It is likely that,
as in the past, the 1987 election will result in a substantial
turnover in the membership of the National Parliament. The
Ombudsman Commission monitors campaign contributions.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Although there have been no allegations by international or
nongovernmental agencies of human rights violations, local
politicians and some private groups have criticized the
Government for not doing more to improve the lot of illegal
border crossers from Irian Jaya who live in the temporary
camps near the border. The UNHCR office in Port Moresby
contributes towards the provision of minimal necessities for
border crossers, and, as noted above, is actively involved in
the process of determining which ones are politically
motivated refugees. No domestic human rights monitoring group
exists, but several outside groups have been permitted to
visit border camps and have reported on them. The Ombudsman
Commission and the courts take legal action against abuses
when discovered, and the press and concerned politicians have
been quick to publicize alleged governmental shortcomings.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

In part because of its extreme ethnic diversity, Papua New
Guinea is not dominated by any one ethnic group or geographic
region, and the democratically elected government cannot
afford to display ethnic favoritism. Authoritarian control by
a single individual, region, or ethnic group would be
intolerable to the majority. Papua New Guinea's social and

791

PAPUA NEW GUINEA

economic disparities are the result of historic and geographic
conditions, not of discriminatory policy.

Women have equal rights before the law and their status is
gradually improving, but they still face difficulties.
Wife-beating is said to be widespread, but it is rarely
brought to the attention of the authorities. In urban areas,
rape, along with other violent crimes, is a problem of
increasing severity. In the village, women are protected by
their kin, but attacks on women are a common feature of
intertribal conflict. Against the background of traditional
male dominance, the achievements of women in Papua New Guinea
are significant. Some have become doctors, lawyers, and
office directors. The Permanent Secretary for Labor and the
head of the Education Commission are women. One woman is a
member of the National Parliament and Minister for Civil
Aviation, Culture, and Tourism. Several hold seats in
provincial assemblies.

CONDITIONS OF LABOR

The Department of Labor is responsible for the enforcement of
laws and regulations concerning safety, health, and working
conditions. It regularly conducts industrial visits. Working
hour limitations, rest periods, holidays, leave, wages, and
compensation are regulated by the Employment Act of 1978.
Under the Act, minimum wages are established by the Minimum
Wages Board. These vary by industry and types of work, and
whether or not work is performed in an urban or rural area.
Standard hours of work are regulated as well and, although
variable for some occupations, may not exceed 42 hours per
week in an urban area or 44 hours in a rural environment.
Children under the age of 11 may not be employed outside a
family relationship. Children between the ages of 11 and 16
may be employed only with parental permission, a medical
clearance, and a work permit from a labor office. Except in
agriculture, such employment is very rare according to the
Papua New Guinea Department of Labor .

66-986 0-87-26

792

U.S.OVERSEIS

-LOANS AND GRANTS- OBLIGATIONS AND LOAM AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: PAPUA NEW GUINEA

19S4

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
CSEC

a.?ooo

LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
idl.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS ,

.SUOP. ASSIST.) ...

FO"? PEACE

ANS.

ANTS ,

I-TOTAL

. IH $-LOANS.. . . ,
IN FOR. CURR....,

II-TOTAL ,

lEF.EC.OEV I WFP.

ELIEF AGENCY

R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS

NARCOTICS ,

OTHER

II.^4IL. ASSIST. -TOTAL

LOANS ,

GRANTS

4. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRN3. ,
O.TRAN-EXCESS STOCK
£. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS ,

0.8

0.9

0.0

0.8

D.9

0.9

0.3

0.0

0.8

0.9

0.0

0.8

0.9

0.8

0.9

0.0

0.1

0.0

0.1

0.0

3.1

0.0

0.8

1.0

0.9

0.0

0.8

1.0

0.9

OTHER US LOANS....
EX-IM BAN< LOANS,
ALL OTHER

0.0
0.0
0.0

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

65.2

54.7

iia.7

698.0

I3?D

49.3

9.7

74.9

279.0

IFC

0.0

7.6

loa

0.0

113.2

103

0.0

AD 3

15.0

44.3

43.8

265.2

AFOB

0.0

, 0.0

0.0

UNDP

0.9

0.7

0.0

16.0

OTHER-UN

0.0

2.1

EEC

0.0

14.9

793

THE PHILIPPINES

Tumultuous events in February 1986 led to a peaceful transfer
of power from the authoritarian regime of former President
Marcos to a new democratic Government dedicated to political
and economic reform. Assuming office in the aftermath of
elections marked by widespread fraud and intimidation.
President Corazon Aquino has moved to restore the rule of law
and respect for human rights.

The Aquino Government has ruled by executive decree since its
suspension of the nation's 1973 Constitution and appointment
of a Constitutional Commission to draft a new charter. The
proposed constitution, including due process safeguards
designed to prevent the recurrence of abuses perpetrated
during 14 years of martial law, will be the subject of a
national plebiscite scheduled for February 2, 1987.

During 1986 the Aquino Government promulgated executive orders
recognizing key civil rights, including the restoration of the
writ of habeas corpus and reinstatement of protections against
unreasonable search and seizure. Its commitment to human
rights was dramatically demonstrated by the release of over
600 political detainees and the establishment of a
Presidential Commission on Human Rights. Freedom of speech
and association were reaffirmed as an uncensored press
contributed to revitalized political activity.

Restoration of civil rights occurred in the shadow of an armed
Communist insurgency active in most of the country's 73
provinces. The signing of a 60-day ceasefire and commencement
of substantive talks at year's end raised modest hopes for an
end to 18 years of civil war. Complementing its success in
negotiating a ceasefire with the Communists, the Government
also began negotiations with armed Muslim separatists in the
Sulu Archipelago and parts of Mindanao.

Economic revitalization was a chief priority during the Aquino
Government's first year in office. Reform of wasteful,
corrupt, and inefficient practices indulged in during the
Marcos years contributed to reversing three successive years
of economic decline. Government statistics indicate that
inflation has been reduced, capital flight stemmed, and modest
economic growth restored. Nevertheless, much remains to be
done to foster business confidence and attract the investment
needed to restore high levels of economic growth.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political killings are alleged to occur regularly in areas
where the Communist New People's Army (NPA) is actively
engaged in combat with government forces. Confrontations
between armed forces occur frequently and an accurate estimate
of fatalities is difficult. The gathering of reliable
statistics on the incidence of politically motivated killing
is further complicated by the common use of violence for both
personal and political purposes. Distinctions between common
criminal activity, personal vendettas, unauthorized reprisals,
and legitimate counter insurgency operations are often blurred.

794

THE PHILIPPINES

Several human rights groups regularly report politically
inspired killings by military security forces. One of these,
Task Force Detainees (TFD), is a politically active. Catholic
church-related group which investigates and compiles
statistics only on alleged government violations of human
rights. TFD does not document alleged atrocities committed by
the NPA, a policy which reinforces reports that TFD has
significant links to Communist elements.

A ceasefire agreement between the Government and the NPA which
took effect December 10 raised hopes for a significant
reduction in killings by both sides. The stated purpose of
this agreement was to establish a positive atmosphere for
substantive peace talks. Work on an agenda for future
negotiations began December 23.

The Presidential Commission on Human Rights (PCHR) received
complaints of 69 "salvagings" or summary executions by
Government officials during the first 11 months of 1986.
However, only one of the resulting investigations has been
completed. The Ministry of National Defense (MND) reported
that it had received 19 reports of "salvagings" committed by
military personnel during the first 10 months of the year.
These allegations are currently under investigation.

In the 9 months ending September 30, TFD cites 88
"salvagings." Fifty-four deaths are attributed to military
personnel, including Civil Home Defense Forces (CHDF), while
the remainder are alleged to have resulted from the activities
of private armies, religious fanatics, and other unidentified
persons. TFD alleged a total of 238 salvagings during the
same period in 1985.

TFD also reports that 138 persons were killed in massacres,
defined as "politically motivated killing of three or more
persons within the same span by police/military/paramilitary
authorities by means of strafing, bombing, and other related
acts." The characterization of this latter category of
killings as human rights violations is debatable, however,
because the TFD ' s definition of "massacre" appears to
encompass situations where civilians are caught in the cross
fire of counter insurgency operations.

Politically motivated killings by CHDF and other paramilitary
forces, including armed religious cults and private armies,
continued in 1986. These forces operate in the local
community, often without direct control or supervision from
the New Armed Forces of the Philippines (NAFP) . They are
concentrated in areas where insurgents are active. The
Government acknowledges abuses by the CHDF during the Marcos
era and has undertaken to reform recruitment, training, and
control of the CHDF, including discipline and replacement of
abusive personnel. Human rights organizations have joined the
PCHR in urging the abolition of the CHDF on grounds that they
constitute extralegal vigilante groups used to perpetuate
social and economic inec[uities. In Negros, for example, sugar
plantation owners allegedly use private armed forces to
control restless sugar workers. Most segments of the
Government, including the military, nonetheless believe that
the CHDF play an important role in the counterinsurgency
effort and supplement the regular military's limited resources
for affording protection to local residents. For their part,
the insurgents use many forms of violence to further their
political goals. To attain control of an area and substitute
its own "revolutionary" government, the NPA uses intimidation.

795

THE PHILIPPINES

kidnaping, and assassination against governinent officials,
businessmen, and other civilians who resist. Communist
presence and/or influence in a village is frequently evidenced
by the assassination of local government officials and
police. Corrupt and abusive officials are often killed first,
both as an example and as a method to win support of the
people. Those who resist Communist efforts to assert control,
any person suspected of informing for the Government, and NPA
defectors run the risk of assassination.

The MND reports that the NPA was involved in 2,382 violent
activities, including raids, ambushes, liquidations,
kidnapings, bombings, and arson during the first 10 months of
1986. These incidents resulted in the killing of 842
military, police, and paramilitary personnel as well as the
deaths of 756 civilians. These insurgent operations further
resulted in 1,123 injuries overall. Muslim rebel groups were
involved in 276 violent incidents which resulted in 224 deaths
and 340 injuries.

The presidential elections held in February were marred by
violence and killings, some allegedly perpetrated by
government security forces and private armies under the
control of local officials. The most publicized incident was
the February 11 assassination of Evelio B. Javier, former
governor of Antique. The National Citizens Movement for Free
Elections (NAMFREL) , accredited by the Government as a
pollwatcher, documented 750 cases of intimidation and violence
perpetrated mostly against NAMFREL volunteers, opposition
supporters, board of election inspectors, and the voting
public. Four NAMFREL volunteers died in election-related
incidents and 160 others sustained physical injuries.

In November prominent labor leader and political activist
Rolando Olalia was murdered in Manila. Olalia's outspoken
advocacy of leftist causes raised suspicions that his murder
was politically motivated. President Aquino has publicly
condemned those responsible for the killing and authorized an
intensive investigation to locate his assassins. A
noncommissioned officer in the Military Intelligence Group was
apprehended on December 16 and has been placed in pretrial
confinement .

b. Disappearance

The PCHR has received 19 complaints of politically motivated
disappearance through December 8. This figure compares with
TFD ' s claim that 43 disappearances occurred in the 9 months
ending September 30. Both statistics suggest that the
incidence of politically motivated disappearances has abated
substantially since the accession of the Aquino Government.
TFD reported 189 disappearances in 1985.

Altogether, TFD claims that 619 persons disappeared during the
Marcos years. Only a fraction of these cases have as yet been
made the subject of an investigation by the PCHR. An
independent organization. Families of Victims of Involuntary
Disappearances (FIND), has been created to investigate the
disappearance of family members, but it has made little
progress to date.

Hostage-taking for ransom or publicity is a common practice
among armed Muslim groups in Mindanao. During 1986 a French
priest, 10 Filipino Carmelite nuns, and an American missionary
were abducted in the vicinity of Marawi by captors believed to

796

THE PHILIPPINES

be connected to one of the region's rival Muslim political
factions. A Swiss tourist was kidnaped in Zamboanga City and
held for 3 months before his release. In all cases, the
victims were released unharmed with no ransom paid.
Philippine law enforcement agencies currently are
investigating the unresolved November 1986 kidnaping of a
prominent Japanese businessman. The Aquino Government has
been unsuccessful in ascertaining the fate of the leftist
priest Father Rudy Romano, whose July 1985 disappearance in
Cebu continues to elicit considerable international concern.
Nonetheless, a military tribunal has been convened and
preliminary hearings held to try armed forces intelligence
agents alleged to have participated in his kidnaping.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Twenty-seven allegations of torture have been filed with the
PCHR through December 8. TFD, however, claims to have
documented 238 incidents of torture during the first 9 months
of the year. The TFD figure is still much less than the
approximately 780 cases alleged by TFD in 1985 — a reduction
largely attributable to President Aquino's outspoken
opposition to the use of torture by government security
forces. The use of "safe houses" as sites for torture of
detainees by government intelligence personnel has reportedly
ended, although some military personnel associated with the
perpetration of such abuse remain on active duty.

Philippine human rights groups nonetheless continue to allege
that torture and related abuses by the military are prevalent
in areas where government forces are actively engaged in
counter insurgency operations. They claim that innocent
farmers in insurgent-influenced areas are detained and
tortured by military officials seeking information on rebel
activity.

Such claims notwithstanding, there is no evidence to suggest
that such occurrences are presently widespread, systematic, or
condoned at senior military levels. While abuses may still
occur sporadically in the field, the MND is engaged in an
educational campaign to improve military treatment of
civilians. Officers have attended seminars and workshops
stressing human rights and their role in communicating respect
for those values to soldiers under their command. Commanding
officers are held responsible for the behavior of their troops
and have been granted increased discretion to discipline their
men for infractions. In an effort to deter abusive behavior,
the Aquino Government has focused attention, albeit with
severely limited resources, on improved living conditions for
the common soldier. Some human rights advocates credit the
military for an increased responsiveness to allegations of
abuse. They report that many complaints to the MND have
resulted in prompt investigation and action.

Although physical punishment is not officially allowed under
the Philippine penal system, there are reports that it
frequently occurs in jails and prisons. Philippine prison
conditions are harsh and charges of police brutality common.
Despite administrative controls, persons in police custody are
often beaten, either to extract confessions or in retaliation
for perceived actions against the police.

797

THE PHILIPPINES

d. Arbitrary Arrest, Detention, or Exile

Among the most commonly alleged human rights violations under
the Marcos regime were arbitrary arrests and so-called
"preventive" detention in purported defense of national
security. Upon assuming power. President Aquino quickly
repealed the grant of authority under which these detentions
occurred, restored the writ of habeas corpus, and released
over 600 political prisoners detained under the previous
regime. The release of these prisoners, including several
prominent Communist leaders, did not, however, constitute a
pardon for any crimes they may have committed, and a decision
whether to prosecute some of them is currently pending.
Despite its decision to release detainees held for political
offenses, the Aquino Government has been criticized by the TFD
for the continued detention of some 400 persons whose
convictions for crimes such as unlawful possession of
firearms, arson, and kidnaping purportedly are associated with
the furtherance of political objectives. A committee
established to review this issue has recommended that
President Aquino pardon prisoners convicted of such crimes
committed before February 25, 1986. Local prosecutors and
judges presently are reviewing disputed cases.

The PCHR received eight complaints of illegal arrest or
detention in the first 11 months of 1986. TFD reported a
total of 603 politically motivated arrests in the 9 months
ending September 30, down from 5,967 in 1985. Since TFD
defines arrest as "the taking or seizing of a person with or
without warrant," this figure is not restricted to illegal
arrests. The MND reports that, as of October 15, there were
15 detainees held on charges of rebellion. No persons are in
detention who were arrested under a presidential commitment
order or a preventive detention action. In October 1986,
police arrested Rodolfo Salas, the alleged former leader of
the Communist Party of the Philippines (CPP) . The Government
promptly filed rebellion charges against him, stemming from
his activities both before and after the fall of the Marcos
regime. Salas is presently being held in military custody
pending trial on any or all of these charges. His wife and
security guard, who were arrested at the same time, were
released on their own recognizance.

The current policy of the Philippine Constabulary requires
charges to be filed within 6 to 18 hours after a person is
taken into police custody, depending on the seriousness of the
crime. While Philippine law contains procedural safeguards
protecting the rights of accused criminals, including
provisions for bail, persons are often denied access to legal
counsel and frequently detained on false charges.

With the repeal of authority to detain suspects preventively
and the restoration of the writ of habeas corpus, persons are
generally now charged promptly after their arrest. Persons
suspected of being rebels constitute a prominent exception to
the rule and commonly are detained without charge and
questioned for a period of up to several days. This practice
has gained currency because military officials believe that it
is futile to arrest rebels who would flee the area after being
released on bail. Usually, suspected NPA partisans are
released without arrest. Human rights lawyers criticize this
military practice, arguing that law enforcement officials grew
unaccustomed to observing due process during martial law and
no longer know how to gather sufficient evidence to make a
legal arrest and to convince a judge to deny bail.

798

THE PHILIPPINES

The new Supreme Court has signaled its intent that the police
adhere to procedural safeguards. In September it issued a
decision resulting in the acquittal of a suspected rebel
arrested without a warrant. The Court strongly warned law
enforcement agencies to observe proscriptions against unlawful
arrests and illegal search and seizure.

There is no evidence that Philippine authorities systematically
use internal or foreign exile of undesired persons for
political purposes. Nor is there evidence of compulsory or
forced labor.

e. Denial of Fair Public Trial

During the Marcos administration, the Philippine judiciary was
widely perceived to be subject to political influence and
corruption. The Aquino Government has overhauled judicial
institutions and established a committee to review judges,
recommending those who should be replaced for reasons of
incompetence or corruption and proposing replacements. As of
October 1, the Government had reviewed and reformed the
Supreme Court, Appellate Court, and Sandiganbayan (or
antigraft) Court, relieving and replacing judges suborned in
the administration of martial law. These dislocations have
aggravated chronic docketing delays which regularly prolong
judicial proceedings for years. Human rights organizations
have criticized the practice of trying military personnel,
police, and firefighters in military courts rather than before
civilian tribunals, regardless of whether the offense is or is
not service related. These groups claim that such special
judicial treatment insulates military personnel and encourages
a more lenient standard of justice. Responding to these
concerns, the Government has proposed that the civilian court
system be given jurisdiction over all offenses committed by
police and nonservice-related offenses committed by members of
the armed forces .

On the petition of lawyers representing the family of the
convicted assassin, the Supreme Court has ordered a new trial
in the controversial acquittal of Fabian Ver , former Chief of
Staff, and others accused in the 1983 slaying of opposition
leader Benigno Aquino. The Court acted on the recommendation
of a government commission, which found the earlier proceeding
flawed by the denial of due process, and concurred in its
finding that a new trial would not violate protections against
double jeopardy.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Overt government interference with family life is minimal.
Parents are free to raise their children as they see fit.
Religious practices and political affiliation, with the
notable exception of membership in the outlawed CPP, is
unregulated. The Government does not interfere with free
personal use of the mails or other public communication
systems. A newly reconstituted Supreme Court has recently
upheld the prohibition against unlawful searches and seizures.

Shortly after assuming office. President Aquino established a
Presidential Commission on Good Government (PCGG) to
investigate alleged misappropriation of government funds by
former President Marcos and his close associates. Critics
argue that the PCGG ' s subsequent sequestration of properties
pending a disposition of charges constitutes a violation of

799

THE PHILIPPINES

due process. The proposed constitution provides that property
under sequestration, or subsequently sequestered within a
period of 6 months after ratification, must be returned to its
owners' control if no judicial disposition to the contrary is
made within 18 months.

Military engagements between government forces and insurgent
elements have resulted in the widespread displacement of
civilians. While some of these movements are of long
duration, such as the resettlement of Muslim communities in
the southern Philippines, brief displacements lasting only a
few days are more common. The Philippine Red Cross and the
International Committee of the Red Cross have programs to
assist persons forced to evacuate combat zones.

Human rights groups allege that military units have sought to
isolate insurgent forces from their rural support base by
imposing food blockades and forcibly resettling, or
"hamletting, " entire communities against their will.
Communist-influenced areas of the Cagayan Valley, the Bicol
area of Luzon, Samar, Negros Islands in the Visayas, and
troubled areas of Mindanao are frequently cited as affected
regions. While the displacement of rural populations is an
irrefutable phenomenon, there is no reliable evidence that the
Government is pursuing any concerted resettlement policy.
Furthermore, it is unclear whether people are leaving combat
areas against their will or, if so, whether these movements
are occasioned by government or insurgent forces.

The PCHR has received three complaints of forced evacuation
and three complaints of hamletting. TFD alleges seven
incidents of hamletting, defined as "forcible transfer of
communities which the military consider as dissidents'
sanctuaries." TFD further claims 34 incidents of mass
evacuation, liberally defined as the "massive transfer of
people from [their place of] residence to another area because
of direct military orders or [from] fear caused by military
operations." Armed Forces Chief of Staff Ramos has ordered an
investigation of such allegations.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Restrictions on freedom of expression in the Philippines were
lifted in 1986 for the first time in nearly 14 years. The
Aquino Government tolerates criticism of its policies,
permitting the expression of dissent on government-owned
televison and radio stations. While allowing their continued
operation, the Government has sequestered the assets of
several newspapers, radio, and television stations directly or
indirectly owned by relatives and close associates of former
President Marcos.

Radio is an important news source throughout the Philippines,
reaching more than 70 percent of all households. Independent
radio operators have multiplied under the Aquino Government.
Several provincial stations, influenced by Marcos associates
from overseas, engage in frequent criticism of the Government,
while other stations reflect a leftist political orientation.
Radio Veritas, a church-owned radio station, was one of the
few sources of independent news coverage under the Marcos
regime and played a prominent role in informing public opinion
during the change in government.

800

THE PHILIPPINES

The Philippine public has access to many major uncensored
international news publications, as well as some foreign radio
and television broadcasting. Foreign journalists were largely
unhindered in reporting events. Several major U.S. newspapers
and one television network have bureaus in Manila.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association was widely
observed in 1986. A broad range of private, professional,
religious, social, charitable, and political organizations
flourish in the Philippines. Countless popular and civic
organizations exist and meet regularly.

Permits from local authorities are required for outdoor
demonstrations in public places, but rallies and marches often
are held without permits. The Aquino Government, itself the
product of public sentiment popularized as "People Power," has
observed a liberal policy allowing demonstrations in all but
the most provocative circumstances. Adroitly defusing a
political challenge by supporters of former President Marcos
at the Manila Hotel in July, the Aquino Government has
nonetheless permitted continued criticism of its policies by
Marcos loyalists in regularly scheduled rallies throughout the
country.

The Aquino Government respects the right of labor to organize,
to elect representatives, and call strikes in pursuit of
improved conditions of labor. Work stoppages were common
during 1986. The Government regularly enjoined the police and
military from interfering with pickets. The Aquino Government
has neither dissolved, suspended, nor threatened such action
against any trade union. Indeed, the Government offered its
assistance to trade unions through a labor conciliation office
operated by the Ministry of Labor and Employment (MOLE) .

Trade unions claim nearly 5 million members, including
2.7 million members in the National Congress of Farmers
(NCFO). Membership in the NCFO is often nominal, and its
nonrural membership of approximately 2 million is probably
exaggerated. Union membership as a percent of the urban work
force probably ranges from 10 to 12 percent.

Through August 1986, 243 new unions were registered, up from
192 for all of 1985. The Trade Union Congress of the
Philippines (TUCP) is affiliated with the International
Confederation of Free Trade Unions (ICFTU) while the smaller
Federation of Free Workers (FFW-Tan Wing) is affiliated with
the World Confederation of Labor. Three national union bodies
in the Philippines are affiliated with the World Federation of
Trade Unions (WFTU) . Independent unions are affiliated with
their respective international trade secretariats.

The Communist-influenced Kilusang Mayo Uno (May First Movement
or KMU) is the only significant labor organization tied to a
political party. Under recently assassinated Rolando Olalia,
the KMU helped found the Communist-controlled Partido ng Bayan
(PNB) or People's Party. Even though many of its affiliates
are led by non-Communists, the KMU followed the Communist lead
in boycotting the February elections. The TUCP, however,
endorsed the citizens' watchdog group, NAMFREL, during the
February presidential election campaign, and fielded 7,000
volunteers for it. Trade unions in the Philippines are
relatively independent of government influence. They and
their properties enjoy tax exempt status.

801

THE PHILIPPINES

c. Freedom of Religion

Although over 80 percent of the population is Roman Catholic,
there is no established state religion. Freedom of religion
is fully respected, and no official discrimination is
practiced against any religious group.

The country's sizable Muslim minority, a number of Protestant
groups, and the indigenous Iglesia ni Kristo (a sect unique to
the Philippines) enjoy full religious freedom. Members of the
Philippine Chinese community follow their traditional faiths
while many smaller cultural groups follow animistic religious
practices. Foreign clergymen and missionaries of various
faiths regularly discharge their duties without difficulty.

Religious minorities are represented among the leadership and
rank and file of broad-based political parties. Government
service is open to all on a nondiscriminatory basis, and
senior civil and military officials belong to minority
religious and cultural groups.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Filipinos enjoy freedom to change their place of residence and
employment. They regularly travel abroad and emigration is
freely permitted. Philippine nationals are frequently
employed overseas, particularly in the Middle East. Many
political exiles who fled the country during the Marcos years
in power have returned to the Philippines. In a notable
exception to its general practice, the Aquino Government has
revoked the passports, and thus prevented the repatriation, of
former President Marcos, his family, and close associates. In
addition, several hundred people closely connected with the
Marcos Government are presently barred from leaving the
country on account of ongoing investigations into their
alleged misconduct under the former regime.

While not accepting refugees for resettlement, the Philippines
does not turn away refugees who may arrive on its shores. As
of September 30, there were 2,993 Indochinese in a first
asylum camp in Palawan. In addition to providing first asylum
for "boat people," the Government is cooperating with the
United Nations High Commissioner for Refugees by permitting
the operation of a major refugee processing center in Bataan
province. Here nearly 10,000 refugees and other displaced
persons receive language instruction, cultural orientation,
and vocational training before being resettled elsewhere.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

President Corazon Aquino assumed power on February 25, 1986,
capping a remarkable succession of events forcing former
President Marcos to flee the country after 20 years of
autocratic rule. The "People's Power" revolution which
toppled the Marcos regime followed a presidential election
February 7 that many Filipinos and foreign observers claimed
to have been marred by fraud perpetrated by supporters of
former President Marcos. NAMFREL estimated that 4.8 million
voters were disenfranchised or prevented from voting. A U.S.
observer delegation witnessed "disturbing . . . efforts to
undermine the integrity of (the) process, both during the
voting and vote counting process." After the National
Assembly declared President Marcos the winner, the Minister of

802

THE PHILIPPINES

Defense joined forces with the acting Chief of Staff to
initiate a military revolt joined by thousands of civilians
supporting Corazon Aquino.

The Aquino Government derives its legitimacy from its triumph
in the February election and from manifestations of popular
support immediately thereafter. On March 25, President Aquino
issued Proclamation No. 3, known as the "Freedom
Constitution," which remains the legal basis for her
administration. The decree establishes an interim charter
retaining most of the 1973 Constitution and existing laws,
while abolishing the National Assembly. The Aquino Government
substituted of f icers-in-charge for local officials appointed
by President Marcos to terms of office expiring in March 1986.

President Aquino has made substantial progress toward her goal
of restoring constitutional democratic rule to the Philippines
during her first year in office. A Presidential Commission
has completed work on the proposed text of a new constitution
which will be submitted for ratification by popular vote on
February 2, 1987. In accordance with provisions of that
charter, elections for a new bicameral congress are scheduled
for May 11, 1987 with balloting for local officials to follow.

Pending adoption of the new constitution. President Aquino
continues to legislate by executive order subject to
observance of civil rights guaranteed by the 1973
Constitution. She prefers to wait until the congress is in
place to consider major legislative initiatives, and argued
against addressing legislative matters in the proposed
constitution.

The proposed constitution establishes a presidential system of
government similar to that in existence before the 1972
declaration of martial law. The framers have carefully
limited the power of the president and established a strong
bicameral legislature and independent local governments to
discourage the assumption of extraordinary powers as exercised
by former President Marcos. The constitution recognizes
minority demands by establishing autonomous regions in Muslim
areas of Sulu and Mindanao and in indigenous regions of
northern Luzon. Institutions of autonomous government will be
implemented by the new national legislature.

Political party organization is proceeding rapidly as
political entities adjust to a newly democratized
environment. Numerous parties representing a broad cross
section of political opinion operate both regionally and
nationally throughout the Philippines. President Aquino has
reconstituted the Commission on Elections and led the campaign
for nev nationwide voter registration in December. Although
the Communist Party of the Philippines is outlawed, party
members have been instrumental in organizing the Partido ng
Bayan (PNB), a leftist organization created to contest
upcoming local and legislative elections. The December 10
cessation of hostilities agreement between the Government and
the NPA/CCP and their holding of preliminary talks on
outstanding political differences has raised hopes for further
reducing bloodshed. A shifting of competition from armed
conflict to political dialogue has been illustrated by the
emergence of prominent Communist leaders and the widespread
coverage of their activities in national and local media.

The Catholic Church, or at least many of its leading local
clerics, priests and nuns, plays an important political role

803

THE PHILIPPINES

in the Philippines. The church hierarchy, including the
outspoken Cardinal Sin, regularly criticized excesses under
Marcos and contributed significantly to his fall. The
Church-owned Radio Veritas called on citizens to protect
military rebels during a crucial moment in events leading to a
peaceful change of government .

While less active in the day-to-day affairs of the Aquino
Government, the Church continues to champion social reform and
economic development benefiting the poor. Clerics are active
in promoting a reconciliatory approach toward the ongoing
Communist insurgency and, in at least one region, have been
instrumental in organizing a program designed to reintegrate
rebel defectors into Philippine society.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Philippines is party to all principal U.N. human rights
and refugee conventions. In 1986 the Philippines participated
in the U.N. Human Rights Commission. Representatives from
various international human rights groups, including Amnesty
International and the World Council of Churches, visited the
Philippines in 1986 and met with both government officials and
private citizens involved with human rights matters. On her
visit to the United States in September 1986, President Aquino
spoke to the Lawyer's Committee on Human Rights in New York.

Within a month after assuming office, President Aquino
established the Presidential Commission on Human Rights
(PCHR) . Its task is to investigate alleged violations of
human rights committed during both past and present
administrations, and to advise the President on appropriate
action. As of December 8, the PCHR had accepted 694
complaints and referred 235 complaints to other agencies,
including the Judge Advocate General's Office, the Board of
Pardons and Appeals, and the Ministry of Justice, for lack of
jurisdiction. Investigations were terminated in 21 cases and
recommended to other agencies for prosecution. Of the 694
complaints filed, 214 relate to incidents alleged to have
occurred during 1986. When a complaint is filed, the PCHR
conducts an investigation, including a closed hearing with
testimony by the complainant and the accused. The PCHR or its
staff will occasionally travel to the site of the alleged
infraction to conduct its own investigation. If the PCHR
determines that a prima facie case is made, it will either
refer the case for judicial review or expedite a case already
before the courts. To date, no complaints filed with the PCHR
have resulted in a final court decision. The proposed
constitution would remove the PCHR from the Office of the
President, expand its scope to include nongovernmental human
rights violations, and grant it quasi-judicial powers.

The PCHR interprets its charter to permit investigation of
government human rights violations. Its failure to
investigate purported violations by armed insurgents has
elicited concern among military elements. At the urging of
the New Armed Forces of the Philippines, President Aquino has
agreed to create a new commission to investigate allegations
of atrocities committed by the NPA, but has yet to implement
her decision. The Aquino Government has mandated compulsory
study of human rights in the nation's schools.

804

THE PHILIPPINES

The Ministry of National Defense was active during 1986 in
disciplining military personnel for involvement in human
rights violations. In the 7 and 1/2 months ending on October
15, 131 Integrated National Police personnel and 469 NAFP
officers and enlisted men were discharged or separated for
human rights violations. During this period, 2,975 complaints
of human rights abuse were filed, resulting in 858 referrals
to courts-martial.

Many Philippine religious groups are active in the human
rights field. These groups are almost exclusively concerned
with abuses committed by government officials and to date have
not addressed nongovernmental violations of human rights,
particularly those committed by Communist NPA rebels. These
groups are unhindered in conducting investigations throughout
the country.

Task Force Detainees (TFD) , established in 1974 by the
association of major religious superiors of the Catholic
Church and presently headed by a member of the PCHR, is the
foremost independent investigatory organization.
Headquartered in Manila, with unit offices in most provinces,
it investigates alleged human rights violations and publishes
its findings. Long an outspoken critic of the Marcos regime
and its military establishment, TFD focuses on official
violations of human rights and does not document abuses
reportedly perpetrated by the NPA, Muslim separatists, or
other nongovernmental organizations. With the release of
hundreds of political detainees in 1986, TFD has joined other
groups in setting up programs to provide support and
assistance to former political prisoners.

Violations alleged by TFD are documented by name of the
victim, the date and place of the incident. While
uncorroborated by other human rights organizations, TFD ' s own
statistics reflect a dramatic decline in the incidence of
government-sponsored human rights abuse, especially in the
frequency of politically motivated arrest. Another group,
Samahan ng mga Ex-Detainees Laban sa Detensyion et para sa
Amnestiya (SELDA), is attempting to obtain indemnification and
justice for persons detained by the Marcos government. SELDA
has filed a class action suit for monetary damages in a U.S.
court against former President Marcos and former Chief of
Staff General Ver , alleging torture, illegal detention, and
arrest. Many human rights groups are also active at the
provincial level. The Philippine Alliance of Human Rights
Advocates (PAHRA), a coalition of 60 organizations with
overlapping membership, was founded in May 1986. Like TFD,
PAHRA comments only on abuses committed by government forces.

The Free Legal Assistance Group (FLAG), the Mabini Lawyers'
Group, and the Protestant Lawyers' League have taken the lead
in providing legal assistance for the victims of human rights
abuse. President Aquino has appointed many human rights
lawyers to key positions in her Government, including the
chairmanship of the PCHR. Over 20 former Mabini lawyers hold
government positions. The Integrated Bar of the Philippines,
a national bar association to which all lawyers in the
Philippines belong, takes positions on human rights issues and
has organized human rights committees active at the provincial
level .

805

THE PHILIPPINES

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Muslims in the southern Philippines constitute the most
numerous national minority. While not targeted as part of any
concerted governmental discrimination, they and indigenous
groups have historically received less than their fair share
of governmental services. The Aqiiino Government has committed
resources to correcting this inequity and is pushing for the
adoption of a new constitution recognizing the rights of
cultural minorities within the framework of national unity and
development .

Under the Marcos regime, two regional autonomous governments
were established in the Muslim region and since 1977 religious
courts have been given authority to apply Muslim personal law
to the adjudication of civil disputes. Notwithstanding these
government concessions, Muslim groups continue to press for
greater autonomy or outright secession. The Moro National
Liberation Front (MNLF) and the Moro Islamic Liberation Front
(MILF) figure prominently among separatist groups with widely
varying political agendas. Muslim demands for greater
autonomy raise the prospect of serious sectarian strife
because Christians constitute a majority in many Muslim areas.

Women enjoy full voting privileges and have the right to own
and inherit property. They are prominent in Philippine
society and well-represented in business and professions such
as law, medicine, education, and journalism. President Aquino
heads a large roster of women active and influential at all
levels of government. Nonetheless, Philippine law continues
to discriminate against women. Prominent examples of
discrimination include limitations on a woman's right to buy
and sell property and more exacting standards in criminal
prosecutions for adultery.

CONDITIONS OF LABOR

The legally prescribed minimum wage of $2.75 per day for urban
workers and as little as $1.75 per day for nonplantation
agricultural laborers is generally considered inadequate to
support a single adult wage-earner. Nonetheless, because of
widespread disregard for paying the minimum wage to the least
experienced laborers, the figure represents the average for
all workers, including the most highly paid. Thirteen-month
bonus pay is standard for most businesses and enterprises.

Philippine law mandates a 48-hour work week and a full day of
rest per week. Every employee with more than 1 year on the
job is entitled to 5 days' paid leave. The minimum age of
employment is 15. The Government has special authority to
determine hours and working conditions among youths aged 15 to
18 years. Discrimination in payment of such persons is
prohibited. A comprehensive set of enforceable occupational
safety and health standards is in effect and provisions
prohibiting child labor, protecting younger workers and women,
and regulating hazardous or harmful working conditions are
relatively advanced. However, funding to field an appropriate
number of professional labor inspectors to enforce payment of
the minimum wage and provision of adequate working conditions
is limited.

806

U.j.OVf RSEftS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: PHILIPPINES

1934

1 985

1986

I.cCON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOO
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LD
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

AMIS

.SU°P. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TOTAL

. IN $-LOfiNS

IN FOR. CURR

II-TOTAL

lEF.EC.OEV a WFP.

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.EO.TRNG. ,
D.TRAN-EXCESS STOCK,
:. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS .. ,

GRANTS ,

106.3

239.7

355.8

23.1

60.3

6.9

33.2

175.9

348.9

84.3

162.9

351.4

23.1

20.8

6.9

61.2

162.1

344.5

50. D

140.0

300.3

17.1

51.5

0.0

40.0

0.0

17.1

11.5

0.0

40.0

0.0

40.0

0.0

17.1

11.5

0.0

0.1

0.0

17.0

11.5

0.0

4.9

5.3

4.4

0.0

4.9

5.3

4.4

4.9

5.3

4.4

0.0

51.5

42.2

105.1

50.0

15.0

14.4

1.5

27.2

90.7

0.0

25.0

83.3

50.0

15.0

14.4

1.5

2.2

2.4

0.0

157.8

281 .9

460.9

73.1

75.3

21.3

84.7

206.1

439.6

OTHER US LOANS....
EX-IM BANK LOANS,
ALL OTHER ,

78.3

73.8

0.0

3.3

0.0
0.3

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-86

TOTAL

523.3

450.2

238.,0

7173.5

I3R0

133.2

254.0

151.0

4459.8

IFC

0.0

48.1

37.0

255.2

ID!

0.0

122.2

103

D.O

0.0

A03

337.8

145.9

100.0

2223.2

AFD3

0.0

. 0.0

0.0

UNDP

2.3

2.2

0.0

73.6

OHER-UN

0.0

45.5

EEC

0.0

807

SINGAPORE

Singapore has a parliamentary system under which the People's
Action Party (PAP), headed by Prime Minister Lee Kuan Yew, has
held power since independence in 1965. The PAP continues to
dominate Parliament, holding 76 of the 77 occupied seats. Two
seats are currently vacant. The Government enjoys broad
public support, as indicated by the 62.9 percent share of the
popular vote it received in the last general election,
December 1984. The Civil Service is efficient, and corruption
is officially and actively discouraged.

Singapore was subject to acts of terrorism by members of the
Communist Party of Malaya (CPM) through 1974. While there
have been no terrorist incidents in recent years, the CPM
considers Singapore within its sphere of operation.

Government military and security agencies work to control and,
if possible, to eliminate the threat of internal disturbances.
They act within what most Singaporeans consider to be the
bounds of acceptable legal conduct.

Singapore's strategic location and industrious population give
it economic importance in Southeast Asia disproportionate to
its small size. Following independence, the economy expanded
rapidly, with foreign trade and shipping reaching record
levels. In recent years industrialization also has been
rapid. In 1985-86, however, the economy cooled markedly, and
Singapore is only beginning to shake off the effects of
economic recession.

One significant human rights development in 1986 was the
enactment of legislation empowering authorities to restrict
sales and distribution of foreign publications judged by the
Minister of Communications and Information to have "engaged"
in Singapore's domestic politics. The Government made first
use of this legislation in October when it announced
circulation restrictions on Time Magazine. A second
development was an appeals court ruling against prominent
opposition figure Joshua Benjamin Jeyaretnam which cost him
his seat in Parliament.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known instances of politically motivated killing.

b. Disappearance

There was no evidence that people were abducted, secretly
arrested, or held in clandestine detention by official or
quasi-official security forces, other elements of the
Government, or opposition forces.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited by law under sections 330 and 331 of the
Penal Code, and there is no credible evidence to suggest
involvement by authorities in torture or abuse. Prison
conditions in Singapore are spartan. Singapore's 7 penal
institutions confine about 5,300 prisoners. Some 4,000 others

808

SINGAPORE

are held in drug rehabilitation centers. Since 1981 the
Government has stepped up efforts to rehabilitate prisoners
serving sentences of 1 year or more. The prison welfare
services program has continued to concentrate on adult
first-time offenders, juvenile delinquents, and drug abusers.

Singapore's penal code mandates caning in addition to
imprisonment as punishment for certain crimes including rape,
theft, robbery, extortion, housebreaking, and vehicle theft.
The maximum allowable number of strokes is 24.

d. Arbitrary Arrest, Detention, or Exile

Law enforcement authorities follow established legal
procedures for arrest or detention. Incommunicado detention
does not occur. Arrest without a warrant is permitted under
Section 31 of the Criminal Procedure Code, Section 43 of the
Criminal Law (Temporary Provisions) Act, and Sections 8 and 65
of the Internal Security Act (ISA). Detention without charge
is authorized under Section 30 of the Criminal Law (Temporary
Provisions) Act and Section 8 of the ISA. The ISA applies in
security cases, while the Criminal Law (Temporary Provisions)
Act applies in criminal cases and is used almost exclusively
against Chinese triads (mafia-like secret societies) or in
drug cases. Detention without charge is authorized for
periods of 1 to 30 days. The Ministry of Home Affairs can
issue an order under the ISA, a British measure used by
Singapore extensively during the 1965-74 post-independence
period when Communist-led disturbances and communal violence
were widespread, or the Criminal Law (Temporary Provisions)
Act to authorize a longer period of detention of a "suspected
person." Habeas corpus exists in the law, but the Government
can extend detention indefinitely in ISA cases. In some other
cases, provisions of the Criminal Law (Temporary Provisions)
Act can be invoked to detain suspects for periods of up to 1
year. These provisions are invoked mainly in criminal matters
involving secret societies, where intimidation and retaliation
against witnesses appearing in open court would make
prosecution difficult or impossible. Detentions of people
under the Act are conducted openly. There are no secret
detentions. There is a functioning system of bail, and those
charged in both criminal and civil cases are entitled to legal
counsel .

The Misuse of Drugs Act allows Central Narcotics Bureau
officers and customs officials to arrest without warrant any
person suspected of manufacturing, importing, exporting,
possessing, consuming, or trafficking in controlled drugs.
The director of the Central Narcotics Bureau in cases of a
positive urinalysis can commit suspected drug users to a
6-month term in a drug rehabilitation center. Suspects have a
legal right to challenge the finding and can appeal through
the court system.

Such persons actually arrested are tried in court. A few
persons have maintained that they were not drug users and were
improperly detained but, thus far, have failed to substantiate
their allegations in court. The Government has maintained
that adequate safeguards exist to prevent innocent persons
being detained.

A former member of Parliament, who has been linked to the
Communist movement and who has refused to renounce the use of
force to challenge the Government, has been in detention under
terms of the ISA since 1966. More than 1,000 persons are held

809

SINGAPORE

in indefinite detention under the Criminal Law (Temporary
Provisions) Act, primarily for membership in Chinese triads or
for drug-trafficking offenses.

Singapore law prohibits the use of forced or compulsory labor.

e. Denial of Fair Public Trial

The right to a public trial is observed except for persons
detained under the provisions of the ISA and the Criminal Law
(Temporary Provisions) Act. The Government defends its policy
of detention without trial in these cases on the ground that
an open trial could result in the intimidation of witnesses
and officials.

The Criminal Procedures Code provides that a charge against a
defendant must be read and explained to him as soon as it is
framed by the magistrate. The accused has the right to be
defended by an attorney (advocate). Trial is by a magistrate
or judge rather than by jury. Defendants may appeal their
verdicts in most cases to higher courts. Singapore is a
member of the British Commonwealth and allows for further
appeal to the Judicial Committee of the Privy Council in
London .

Judges are appointed by the President on the recommendation of
the Prime Minister in consultation with the Chief Justice.
Subordinate court judges (magistrates) and public prosecutors
are civil servants and can be transferred by the Public
Service Commission.

The Government publicly reaffirmed its commitment to an
independent court system and denied allegations of executive
interference in the judiciary raised by a prominent opposition
Member of Parliament (MP) during parliamentary debate in early
1986. In June a commission of inquiry headed by a Supreme
Court Justice found no evidence to support charges of
executive interference.

Citizens can take government agencies to court over such
matters as compulsory land acquisitions and compensation. The
Government has not lost a case involving a challenge to its
major policies. Members of both the ruling and opposition
political parties have been taken to court in recent years on
nonpolitical charges.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government does not hesitate to use its wide discretionary
powers when it believes that the security of the nation is
threatened. Search warrants are required for intrusion into
the home in most cases. Law enforcement officers may,
however, search a person, home, or property without a warrant
if they have reasonable grounds to believe that it is
necessary to do so. Judicial review of such searches can be
undertaken by the courts at the request of the defendant, but
is not automatic. Divisions of the Government's law
enforcement agencies, including the Internal Security Division
(ISD) and the Corrupt Practices Investigation Board (CPIB),
have a wide network for gathering information.

810

SINGAPORE
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are circumscribed. The Government
forbids statements which might arouse communal tensions among
the various races (roughly 77 percent Chinese, 15 percent
Malay, 6 percent Indian, and 2 percent other minorities) .

Newspapers are published by private firms with close ties to
the national leadership. While there is no direct censorship
of the press, members of the press understand the restraints
and guidelines within which they must operate. They did not
significantly exceed these guidelines in 1986. Some press
representatives believe that they may lose their jobs if they
criticize the Government too severely. The press reports the
opposition's views, however, and has published statements
critical of the Government's proposals and policies.

The most significant development relating to the press in 1986
was the enactment of legislation empowering authorities to
restrict sales and distribution of foreign publications judged
by the Minister of Communications and Information to have
"engaged" in Singapore's domestic politics. The Government
made the first use of its newly increased power over the
foreign press in October when it announced circulation
restrictions on Time Magazine. Time's circulation in
Singapore was cut from 18,000 to 9,000 on October 20, 1986 and
was further reduced to 2,000 on January 1, 1987. The
Government justified its action by claiming that Time was
unwilling to publish a Government letter to the editor
responding to alleged errors in a September Time story about
the local political scene. Time subsequently published the
letter, but the circulation restrictions remain in force.

The government -owned Singapore Broadcasting Corporation (SBC)
has a monopoly on domestic radio and television. SBC follows
government guidelines on its news reporting and obeys
censorship regulations on the programs which it broadcasts.
The BBC World Service and Malaysian radio and television can
be received uncensored in Singapore on local broadcast bands.
An official board of film censors approves motion pictures,
television programs, and videotapes. Additional government
bodies censor magazines, records, plays, and other media. The
Government censors these items primarily to prevent the spread
of material which it feels would undermine the morals of young
Singaporeans, advocate excessive permissiveness, or promote
drug abuse.

A wide range of international magazines and newspapers can be
purchased uncensored in Singapore. The country is a regional
publishing center for a growing number of international
magazines and newspapers.

b. Freedom of Peaceful Assembly and Association

Assemblies of more than five people in public, including
political rallies, are authorized only with permission from
the police. In practice, the Government does not stop
gatherings of groups of more than 5 people for social purposes.

In order to operate legally in Singapore, associations,
societies, clubs, churches, and other organizations with more
than 10 members must be registered with the Government under
the Societies Act. Registration is denied to societies that

811

SINGAPORE

the Government believes are likely to be used for unlawful
purposes or for purposes prejudicial to public peace, welfare,
or good order. In the past, arrests have been made at
gatherings of unregistered organizations, including some
splinter religious groups, which the Government viewed as
inimical to the public interest.

Unions play an important role in labor's relations with both
management and government in Singapore. The Trades Union Act,
however, places restrictions on workers' rights, including a
prohibition against unionization of uniformed employees and
restrictions preventing persons with criminal records from
holding union office. Unions are organized under an umbrella
organization, the National Trades Union Congress (NTUC) , which
has a Deputy Prime Minister as its Secretary General and MPs
on its Board of Directors.

The NTUC has about 200,000 members in a national work force of
approximately 1.2 million. Workers have the legal right to
strike, and in January Singapore's first strike in 8 years
occurred at a manufacturing firm (and was quickly settled).
The country has retained a positive record of industrial peace
despite rising job losses, official calls for wage restraint,
and other pressures stemming from the recession. The NTUC
remains a member of the International Confederation of Free
Trade Unions (ICFTU), and Singapore continues its membership
in the International Labor Organization (ILO).

c. Freedom of Religion

Freedom of religion is enshrined in the Constitution and fully
respected in practice. A Presidential Council on Minority
Rights exists to insure that legislation does not infringe
upon the rights of ethnic or religious minorities. There is
no state religion, but the Government has provided financial
assistance to some religious bodies to allow them to build and
maintain places of worship. Missionaries are permitted to
work and to publish religious texts.

All religious groups are subject to government scrutiny and
must be legally registered. The Government restricts
religious sects holding views it considers inimical to the
common good by application of the Societies Act and has banned
some splinter groups from practicing their faiths in
Singapore. There are no restrictions based on religious
affiliation to membership in the PAP.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no limitations on freedom of movement within the
country other than those under the ISA. The ISA allows the
Minister for Home Affairs to suspend or revoke a detention
order or impose restrictions on a person's activities, place
of residence, and travel outside of Singapore, but it has been
rarely used for this purpose. All Singapore residents over
the age of 13 are required to register with the Government,
receive and carry an identification card, and report changes
of address within 14 days. A person may be denied a passport
at the Government's discretion, although in practice this
applies only to those convicted of serious crimes. Males
approaching the age of 18 (when National Service is generally
performed) and wishing to travel abroad must obtain an exit
permit from the Ministry of Defense. Recipients of government -
financed educational benefits are required to sign a bond

812

SINGAPORE

obligation to serve the Government for a fixed period and may
not emigrate without paying the balance of their bond.

The right of voluntary repatriation is extended to holders of
Singaporean passports. However, several hundred ethnic
Chinese who left Singapore for China during the politically
difficult 1940 's and 1950 's have encountered obstacles to
their return.

Refugees are granted first asylum for 90 days in Singapore if
they have a third-country guarantee of resettlement. As of
October 1986, more than 26,000 Indochinese refugees had been
brought into Singapore in asylum status.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The dominant political party in Singapore, the People's Action
Party (PAP), is a broadly based institution, with roots in
neighborhood organizations. It includes representatives from
all racial communities in Singapore. Non-Communist parties
are legally free to organize, in accordance with strict
regulations on party constitution, fund raising, and
accountability. There are some 19 registered political
parties in Singapore in addition to the PAP. These parties
are closely monitored by the Government, which justifies its
action on the grounds of possible Communist infiltration and
enforcement of libel laws in connection with election
campaigning. The successful prosecution of libel and
defamation suits against opposition parties and candidates by
members of the PAP bankrupted three opposition politicians
from the Barisan Socialist party in the mid-1970 s.

In November, Singapore's High Court of Appeals sustained
parliamentary opposition leader Joshua Benjamin Jeyaretnam's
1985 District Court conviction on fraud charges and "varied"
the original 3-month prison sentence to 1 month in jail plus a
fine of 5,000 Singapore dollars (US$2,282). Addition of the
fine resulted in Jeyaretnam being stripped of his seat in
Parliament (under Singapore's Constitution an MP found guilty
of a crime for which he has been fined 2,000 or more Singapore
dollars is disqualified from holding office for a period of 5
years). Jeyaretnam is appealing his sentence (but not the
verdict); his final recourse would be an appeal to Singapore
President Wee for a pardon. Jeyaretnam maintains that the
charges against him were politically motivated.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no organizations in Singapore which actively and
openly monitor human rights violations. Governmental bodies,
such as the Minority Rights Council, monitor certain aspects
of human rights in Singapore for domestic purposes.
Representatives of Amnesty International and other human
rights groups are not allowed to visit Singapore in an
official capacity.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Social, economic, and cultural facilities are available to all
citizens regardless of race, religion, or sex. Minorities are
constitutionally guaranteed equal rights and actively

813

SINGAPORE

participate in the political process. Disparities exist among
the various races, although not as a result of government
policies. For example, according to 1980 census data, 0.21
percent of Malays had a university education, while 1.8
percent of the Chinese and 2.44 percent of the Indians
attained that level of education.

Women generally enjoy equal rights, primarily under the 1969
Women's Charter and the Constitution. Muslim women's rights
are protected by the provisions of the 1957 Administration of
Muslim Law, which permits Muslim women to apply for divorce
and provides for women to hold and dispose of property. Women
have voting rights and the right of equality of economic
opportunity under the law.

There are few women in the top ranks of the civil service or
business. As a result of the 1984 election, however, there
are now three female MP's. In 1986 the median gross monthly
income of female workers was 76 percent of that for male
workers. A shortage of workers has led the Government to
encourage women to work. Singaporean women do not have equal
rights with men in the transmission of citizenship to their
children. A Singaporean woman married to a foreigner can not
pass citizenship to children born outside the country,
although a Singaporean man can do so. Additionally, the wife
of a Singaporean male can receive permanent resident status
and citizenship based on the marriage while the husband of a
Singaporean woman can not.

CONDITIONS OF LABOR

Relatively high wage rates and working conditions consistent
with accepted international standards are features of the
Singapore labor market which, despite the economic downturn,
still provides jobs for some 50,000 foreign workers. The
unemployment rate in mid-1986 was 6.5 percent. Singapore has
no minimum wage legislation or unemployment compensation.

Singapore enforces comprehensive occupational safety and
health laws. Enforcement procedures, coupled with the
promotion of educational and training programs, have reduced
the frequency of job-related accidents from 7.0 accidents per
million man hours worked in the early 1970 's to 4 . 7 during a
comparable 3-year period in the 1980 's. The average severity
of occupational accidents has also been reduced.

Child labor laws which protect young people from exploitation
and hazardous working conditions are enforced. Employment of
children below the age of 12 is prohibited, as is nighttime
work by young people below the age of 16.

814

U.S. OVERSEAS

■LOANS AND GRANTS" OSLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SINGAPORE

1934

1985

1936

I.ECON. ASSIST. -TOTAL. . .
LOANS

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.1
0.0

0.1

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.1

■ Q.O
0.1

0.0

0. 0

GRANTS

0. 0

A. AID

0.0

LOANS

0.0

(,R ANT S

0. 0

(SEC. SU = P. ASSIST.) . . .

J.rOOa FOR =£ACn

LOANS

0.0
0.0
0.0

GRANT 5

0. 0

TITLE I-TDTAL

0. 0

?£PAY. IM S-LOfiNS

PAY. IN FOR. CURR

TITLE II-TOTAL....

0.0

0.0
0. 0

£. RELIEF. SC.DEV i WFP.

VOL. RELIEF AGE'ICY

C. OTHER ECON. ASSIST...
LOANS

0.0
0.0
0.0
0.0

GRANTS

0. 0

PEACE CORPS

NARCOTICS

0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL. . .
LOANS

0.0
0.0

GRANTS

0.0

4. MAP GRANTS

0.0

3. CREDIT FINA^JCI^JG. . . .
C.INTL MIL.EO.TRNG. .. .
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. '. MIL...
LOANS

0.0
0.0
0.0
0.0

0.0
0.0

GRANTS

0.0

OTHER US LOANS

0.0
0.0
0.0

15.8
15.3

0.0

EX-IM 6fNK LOANS

ALL OTHER

0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1936

1946-36

TOTAL

0.0

0.7

.0.0

387.3

IBRD

0.0

G.''

17^.4

IFC

0.0

IDA

_t . n

0.0

o.o

:u3

:.o

0.0

AOi

3.0

0.0

1S1 .1

AFDi

3.0

0 . 0

, ij . 0

0 .0

UNDP

0.0

0. ^

C . 'J

26.2

OHER-UN

*1 '"l

J .' J

u.O

0.6

EcC

:. 1

0.:

0.0

815

SOLOMON ISLANDS

Solomon Islands is an archipelago country, comprising 6 large
islands and many smaller ones, stretching over 840 miles in
the South Pacific. Its total population of about 280,000
makes it the second largest (after Papua New Guinea) of the
Melanesian countries. The Government is based on a modified
Westminster parliamentary system consisting of a single-
chamber legislative assembly of 38 members. This system,
adopted when the country became independent in 1978, accords
well both with Solomon Islands' experience and with the
Melanesian tradition of leadership based upon individual
achievement and political consensus. Political legitimacy
thus rests on free popular voting. The police are under
civilian control; there are no other armed forces. The courts
are independent and vigorously protect individual rights.
Since independence, two parliamentary elections have been held
and two additional changes of government were accomplished by
vote of Parliament.

Since 1984 GDP has dropped 16 percent, primarily because of
population growth of around 3.5 percent yearly and a stagnant
economy. Severely depressed world prices for copra and a
disastrous cyclone in 1986 were major adverse factors for the
economy, as foreign exchange earnings are mainly dependent on
agricultural exports.

Human rights in Solomon Islands are protected rigorously. No
abuses were reported in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political killing does not occur in Solomon Islands.

b. Disappearance

There are no reports of political disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is neither practiced nor condoned. All the basic
protections of the integrity of the individual are guaranteed
by the Constitution, implemented by the authorities, and
defended by the courts and the Ombudsman for protection
against possible excessive or unlawful treatment.

d. Arbitrary Arrest, Detention, or Exile

There is no evidence of politically motivated arrests. Exile
is not practiced. Forced labor is forbidden, except as part
of a sentence or court order .

e. Denial of Fair Public Trial

Accused persons are entitled to counsel. Provision is made
for writs of habeas corpus under the law and coerced
statements are illegal. Violations of civil liberties are
punishable by fines and jail sentences.

816

SOLOMON ISLANDS

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

In addition to legal guarantees, the traditional culture
governing the daily lives of most Solomon Islanders provides
strong protection against these types of abuses.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Constitutional guarantees, an independent press, and a
functioning democratic political system combine to insure
freedom of speech and press. There are two private weekly
newspapers, weekly and monthly national government
newsletters, and one provincial government weekly. The
state-owned radio gives significant coverage to statements of
opposition politicians. In 1984 some foreign journalists were
denied permission to cover the Pope's visit and elections.
Since the Government of Sir Peter Kenilorea came to power in
late 1984, however, there have been no restrictions on foreign
press activity.

b. Freedom of Peaceful Assembly and Association

The right of association is constitutionally guaranteed and
freely exercised. Demonstrators, however, must obtain a
permit, which is usually granted.

Unions have the right to engage in collective bargaining and
in the private sector they have the right to strike. While
civil servants are not supposed to strike, in September 1985
civil servants did so, effectively closing the ports and
airport to protest alleged corruption in the Government
Housing Committee. The strike ended when the Government
dissolved the Committee.

The largest trade union, the Solomon Islands National Union of
Workers, and other smaller unions freely organize workers.
The plantation sector, however, is not widely unionized.
Solomon Islands' unions have international ties with several
organizations .

c. Freedom of Religion

Freedom of religion is guaranteed by law; there are no
controls on the practice of religion and no religious
discrimination. Although Christianity is the dominant
religion and has a wide variety of denominations, indigenous
beliefs also flourish. Missionaries work without restrictions.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no legal or administrative restrictions on the
freedom of movement of Solomon Islands' citizens within or out
of the country. Natural-born citizens may not be deprived of
citizenship on any grounds.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since independence, Solomon Islands has had two parliamentary
elections and several elections for provincial and local
councils. The second of the two parliamentary elections, held

817

SOLOMON ISLANDS

in November 1984, resulted in the orderly replacement of
Former Prime Minister Mamaloni by Sir Peter Kenilorea, who, in
secret balloting by the Parliament, received 21 out of a
possible 33 votes. Election results were contested in some
constituencies and court decisions resulted in new polls in a
few instances. The Kenilorea Government narrowly survived a
vote of no confidence in July 1986, but fell in November 1986
when members of its coalition Cabinet resigned. Citizens over
18 enjoy universal suffrage.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no allegations by outside organizations of human
rights violations in Solomon Islands nor any request for
investigations .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination based on regional or ethnic considerations is
not practiced. The law accords women equal legal rights, but
traditional culture, in which males are dominant and women
seen primarily as propagators and child rearers, has hampered
them from taking more active roles in the economic and
political life of the country. There are no women in senior
governmental positions or in Parliament but women are involved
in politics and have run for national office. A shortage of
employment and a predominantly young population with many job
seekers are also inhibiting factors. According to a fairly
recent survey, only 21 percent of the population aged 15-54
was working for wages. Another 7 percent was characterized as
self-employed, mainly as copra farmers or market gardeners,
whose wives and family members are usually unpaid helpers.

CONDITIONS OF LABOR

Solomon Islands has comprehensive laws on workers' rights.
Child labor is forbidden for children under the age of 12
except in the company of parents in light agricultural or
domestic work. Children under the age of 15 are barred from
work in industry or on ships; those under 18 cannot work
underground or in mines. The standard workweek is 45 hours
and limited to 6 days. Power to set minimum wages has been
devolved to the provincial governments. In Honiara, the
capital, the minimum wage is about 30 cents per hour. There
are provisions for premimum pay for overtime and holiday
work. Both a strong labor movement and an independent
judiciary ensure widespread enforcement of labor laws in major
state and private enterprises. The extent to which the law is
enforced in smaller establishments and in the subsistence
sector is unclear. No information is available on
occupational safety and health legislation.

818

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SOLOMON ISLANDS

1934

1935

1936

I. ECON

A. AID

(SE

3.F00

TITLE

SEPA

PAY.

TITLE

c.RE

VOL.

C.OTH

. ASSIST. -TOTAL,

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

OTAL

M $-LOANS

FOR. CURR

TOTAL

.EC.DEV 5 WFP.

EF AGENCY

CON. ASSIST...

:E CORPS,

:oTics...

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.0
0.0
0.0
0.3
0.0
0.0
0.0
0.0

o'.o

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1

0.0
0.1
0.1
0.0
0.1
0.0
0.0
0.0
0,0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. MAP GRANTS

B. CREDIT FINANCING....
C.INTL MIL.ED.TRNG. . . .
D.TRAN-EXCESS STOCK...
E. OTHER GRANTS

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
D.O
0.0
0.0
0.0
0.0
0.0
0.0

III. TOTAL ECON.

LOANS

GRANTS....

& MIL...

0.0
0.0
0.0

0.1
0.0
0.1

OTHER US LOANS. .. ,
EK-IM BAN< LOANS,
ALL OTHER

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
193A 1985 1986

1946-86

TOTAL

0.0

IBRD

3.0

0.0

IPC

0.0

IDA

0.0

IDS

0.0

; AD3

0.0

} AFDB

3.0

0.0

■ 0.0

0.0

V UNDP

0.0

o.,o

0.0

f OTHER-UN

0.0

ee:

0.0

819

THAILAND

Thailand's government is a constitutional monarchy with a
strong executive branch and a weaker bicameral legislature
composed of a 347-member elected Lower House and a 243-member
appointed Senate. The elected house wields less power than
the bureaucracy and the military, the latter playing a strong
and often dominant role in Thai political life. The Senate,
which has few legislative powers, is composed largely of
active duty or retired military men. The monarchy exerts
strong informal influence. The Prime Minister and members of
his Cabinet are subject to votes of confidence, although they
need not be elected members of Parliament them.selves. Free
national elections for the Lower House were held in July 1986
with record participation, following which the current Prime
Minister, General (retired) Prem Tinsulanon, who has held
office since 1980, formed a four-party coalition government
supported by roughly two-thirds of the Lower House.

Thailand is an emerging middle-income developing country with
a free enterprise economic system in which individual economic
interests and the right to hold private property are strongly
protected. Although the industrial sector has expanded
rapidly in recent years, 70 percent of the Thai people still
live in the countryside, and agriculture remains the main
source of livelihood.

Thailand's security apparatus operates within a
constitutionally mandated framework, but numerous police,
civilian, and military agencies share responsibilities, often
with overlapping jurisdictions and ill-defined mandates. The
security services, reflecting the strong executive branch
orientation of the Government, have formidable powers,
sometimes utilized in a heavy-handed or uneven way.
Nonetheless, human rights abuses attributable to the security
services are not sanctioned by the Government and have been
increasingly less frequent in recent years.

Communist insurgents, Muslim separatists, and criminal gangs
operate in rural areas and use terrorism to advance their
respective aims. In recent years, the Government has made
steady progress in reducing the influence of these groups,
particularly of the first two. Communist strength has
declined markedly due to several factors, including an amnesty
program for defectors and financial assistance to help them
reintegrate into society. The Government is also continuing
efforts to integrate Thailand's Muslim community. Sporadic
low-level violence in southern Thailand continued to call
attention to residual Communist and Muslim separatist
activities in provinces along the Malaysian border.

Thailand continued to offer sanctuary and assistance to
Indochinese refugees prior to third-country resettlement.
During 1986 the human rights record continued without serious
violations. Autonomous political parties, gatherings, and
associations are allowed, and freedom from arbitrary detention
or search is generally safeguarded, notwithstanding some
rarely enforced restrictive laws still on the books. Although
it practices some self-censorship, the press is among the
freest in Asia. Human rights activists in Thailand are able
to bring issues to the attention of the Government and public
and to lobby for corrective action.

820

THAILAND

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of killings, including summary
executions, in which official government involvement was
alleged. Nonetheless, senior Thai officials have been quoted
by newspapers as acknowledging that police execution of
habitual serious criminals without due process does occur
occasionally in southern Thailand, an area which regularly
records the nation's highest crime rates and parts of which
still retain a "Wild West" atmosphere. In rural areas.
Communist insurgents and ethnic separatists have continued to
use violence, including murder, to pursue their respective
objectives. Their targets have included low-level government
officials, local entrepreneurs, and security officials.

In this and past years, a number of journalists died violently
in rural areas. Such killings have diminished sharply in
recent years, and local human rights activists regard the
situation as distinctly improved. The motivations for these
killings are not entirely clear. Some of the murdered
journalists had published exposes on corruption or illegal
activity. Others had apparently engaged in blackmail or
extortion, and likely were killed in retaliation.

In the 1986 general election campaign, there were 12
politically related murders. None of these incidents was
government sanctioned, however, and they are being
investigated. Charges of politically motivated election
intimidation and the number of deaths were fewer than in
previous national polls.

b. Disappearance

Communist insurgents and Muslim separatists have used
terrorism as a political weapon, resulting in the
disappearance of civilians and government officials.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Thai Government has stated its opposition to the use of
cruel, inhuman, or degrading punishment. According to human
rights activists in Thailand, abuses of authority, both real
and alleged, relating to cruel and inhuman punishment or
treatment have declined steadily over the last several years.
In 1986 Amnesty International charged that paramilitary
elements responsible for security at a Cambodian refugee camp
had tortured three Cambodians who had been accused of robbery
and murder . The Government denied these charges .

Prison conditions in Thailand remain poor as a consequence of
serious overcrowding, low government expenditures, limited
staff, corruption, and narcotics abuse by prisoners.
Prisoners are subject to strict regulations, including
corporal punishment for infractions. Attempted prison escapes
are suppressed with maximum force, regularly resulting in
deaths. Prison conditions vary with the prisoner's social
status as well as with the nature of the offense. Westerners
generally receive preferential treatment but there is no
systematic discrimination.

821

THAILAND

d. Arbitrary Arrest, Detention, or Exile

Thailand's criminal and civil codes follow Western European
models, and the rights of suspects are similar to those in
Western Europe. Except in cases of crimes in progress, arrest
warrants generally are required, and specific charges must be
brought within a limited time period against those detained.
There is a functioning bail system. Arbitrary arrest is not
practiced.

A small number of Communist insurgents and Muslim separatists
have been detained without trial under previously effective
martial law provisions, but martial law powers allowing
arbitrary arrest and imprisonment were reduced significantly
in 1984. Otherwise, the only legal basis for arrest and
detention without specific charges for long periods (up to 480
days) is the Ant i -Communist Activities Act. According to
local human rights groups, those detained under the act have
not been mistreated.

Summary exile is not practiced.

Section 31 of the Constitution prohibits forced or compulsory
labor except in time of war, during a state of emergency or
martial law, or to avert imminent "public calamity."

e. Denial of Fair Public Trial

The Constitution guarantees Thai citizens the presumption of
innocence as well as access to courts or administrative bodies
to seek redress. Suspects can be denied the right to legal
counsel during the pretrial or investigative period of their
cases but before trial they have access to a lawyer of their
own choosing. There is a functioning bail system. Summary
punishment is not practiced.

The Thai have a legal system in which judges rather than
juries make findings of fact. Cases are heard on the basis of
specific charges, usually we 11 -documented, by a panel of
judges. During the martial law period (October 1976 - August
1984) military courts had jurisdiction over cases involving
internal and external national security. Thai relations with
other nations, and offenses against the royal family and
public peace. Since 1984, however, military courts are used
solely in cases involving only military personnel. All other
cases come under the jurisdiction of civilian courts. The
alleged plotters of the 1985 coup bid are being tried in
civilian courts .

Persons tried in both the military and civilian courts enjoy a
broad range of legal rights, including the right to counsel
both in the trial and appellate stages. A civilian court
decision may be appealed; a military court decision may not.
Both court systems, however, allow appeal for a royal pardon.
On December 1, the King granted clemency to Surachai Sae Dan,
convicted of murdering a police captain, and commuted his
death sentence to life imprisonment. Moreover, prisoners
sometimes benefit from periodic royal amnesties. The courts
are relatively independent of external pressures. There have
been allegations, however, of both government and private
influence being brought to bear on certain cases, often those
involving narcotics.

A pilot government program to provide free legal advice to the
poor continues in operation. Most free legal aid, however.

822

THAILAND

comes from private organizations, including the Lawyers'
Association and the Women's Lawyers' Association.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Thai society is generally an open one where membership in
political organizations is voluntary, the police function is
not abused for security or political purposes, and the
unmonitored exchange of ideas generally is permitted, although
those espousing leftist or Communist views are probably
watched by the security services. Thai law requires that
police possess a search warrant prior to entering a home
without the owner's consent. There are sometimes allegations
that officers endorse warrants in advance and then allow their
subordinate noncommissioned officials to apply them as
needed. Sections of the Anti-Communist Activities Act allow
officials involved in specifically designated "Communist
suppression operations" to conduct searches without warrants,
but these powers have been used sparingly.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution generally affirms citizens' right to free
speech and a free press, but there are laws which impose
restrictions on those rights. The principal legal
restrictions on these freedoms are prohibitions against
insulting or defaming the King, Queen, Heir Apparent, or
Regent ( lese majeste) , advocating a Communist system of
government, or publishing materials which threaten national
security. Two persons were charged with lese majeste in
Thailand during 1986. One, a Deputy Interior Minister, was
forced to resign because of political pressure after
allegations that he committed lese majeste during an election
campaign rally. The allegations are still under
investigation. There are less formal prohibitions against
criticism of religious institutions, ethnic groups, or the
military.

Thai citizens enjoy substantial freedom of speech, and the
Government permits criticism of its policies. International
publications circulate freely in Thailand, as does a wide
range of political and social commentary presented by the
privately owned Thai press. Technical publications and
pamphlets, including those of academics, circulate freely and
present viewpoints ranging from the non-Communist left to the
ultraright. Foreign and domestic books are not censored,
except in rare instances where publications are critical of
the Royal Family or the Thai monarchy.

Television and radio stations are licensed by the Government
and operated both by government and private entities as
commercial enterprises. Although the Government's
Broadcasting Directing Board in theory reviews all television
programs prior to broadcast, in practice stations present a
range of viewpoints. Radio stations are required to carry the
government-produced newscast four times daily, but are free to
originate other news and commentary. Opinions critical of
government positions have been broadcast but, in general,
controversial issues are treated cautiously, if at all. A
lively exception was a series of television spots allotted for
the first time to political parties by the Government during
the 1986 national election campaign. Two political parties

823

THAILAND

took the unusual step of buying additional television time
during the campaign.

The press continues to operate under the restrictions imposed
by the Press Law of 1941 and remnants of past martial law
orders. These laws permit the Government to close newspapers
and revoke the licenses of editors of newspapers which publish
stories deemed to be libelous or contrary to national security
interests. The Government inf reqxiently uses its statutory
power over the press, although awareness of this power
contributes to self-censorship. Marking a change in the
pattern of the last 3 years, there were no closures of
publications in 1986.

b. Freedom of Peaceful Assembly and Association

Organized labor, politicians, students, and various special
interest groups hold meetings, seminars, and rallies to
further their interests or to protest government policies
without interference from the Government. In several
provinces, the remaining vestiges of martial law which could
have been used to restrict assembly have been repealed.
Private associations are supposed to register with the
Ministry of Interior. However, withholding of registration
has not been used to inhibit freedom of association.

Although organized labor was severely circumscribed during the
period 1977-79, the right of labor to organize has been
unrestricted since then. A minimum of only 10 persons can
form a labor union. Independent labor unions exist in both
the private enterprise sector and the state enterprise
sector. Only about 10 percent of the labor force in
nonagrarian occupations is unionized. This low percentage
stems from the newness and fragmentation of the labor
movement, as well as from the economic slowdown of the past
few years. The labor movement is represented on a tripartite
committee which makes an annual recommendation on minimum wage
levels .

The right to strike is recognized and unrestricted in the
private sector. State enterprise workers, however, do not
have the right to strike. Many of them have struck on
occasion anyway, often without penalty. However, the
Government has attempted to discourage labor demonstrations
which have had political connotations. A system of labor
courts, to which unions elect a third of the judges, serves as
a frequently used medium for settling labor disputes.

Labor unions in Thailand maintain unrestricted relations with
recognized international labor bodies such as the
International Confederation of Free Trade Unions,
International Trade Secretariats, and the Association of
Southeast Asian Nations (ASEAN) Trade Union Congress, and with
various national labor bodies, notably those from the United
States, West Germany, Japan, and Israel.

c. Freedom of Religion

Freedom of religion is practiced throughout Thailand and
protected by law and custom. Theravada Buddhism, the de facto
state religion, has had an abiding and profound influence on
Thai culture and history, and the preponderance of Thai
practice it. The King is required by the Constitution to
profess the Buddhist faith and practice Buddhism.

824

THAILAND

Nonetheless, Thailand is a secular society with church and
state clearly separate. There are no restrictions on
religious ceremonies, the teaching of religion, or conversion
from one religion to another. Missionaries are permitted
generally to live and proselytize in Thailand, as has been the
case for more than a century. Foreign clergy may preach
freely. There is no legal or organized discrimination
against, or persecution of, those affiliated with minority
religions, such as Christianity or Islam. Religious
publishing, regardless of faith, is freely allowed. Like
private associations, religious institutions are registered by
the Government. Most senior Thai officials and political
leaders are at least nominally Buddhist. Muslims living in
the four southern provinces which have majority Muslim
populations have the right to have civil law cases decided by
Muslim judges under Koranic law.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Apart from long-standing restrictions on the travel of Chinese
and Vietnamese aliens living in Thailand, the only limitations
on travel of persons other than refugees are restrictions on
entry into certain rural areas believed by the Government to
be used as bases by Communist insurgents. The right of
citizens to change their residence or workplace is
unabridged. There are no government restrictions on foreign
travel or emigration, except for government officials, but
Thai women and children under the age of 14 must have their
passport applications approved by the Department of Public
Welfare. In addition, a 1985 statute requires that all women
under age 36 sit through a series of interviews regarding
their employment records and finances in connection with
passport applications. This has been protested by some
women's rights advocates. These provisions of law, designed
to prevent the export of children for sale and women for
purposes of prostitution, have proved difficult to enforce.
The Government has rarely revoked citizenship.

Thailand, though not a signatory to international legal
instruments regarding refugees and their basic rights, has
acted in the spirit of those agreements in providing asylum to
about 670,000 refugees from Laos, Cambodia, and Vietnam since
1975, and in permitting the temporary evacuation of around
250,000 Khmer onto its side of the Thai-Cambodia border. Thai
policy has been to allow United Nations-coordinated assistance
to be provided to refugees at first-asylum camps. Displaced
Khmer are afforded temporary haven at border camps until safe
repatriation can be arranged. Those in camps run by the
United Nations High Commissioner for Refugees (UNHCR) number
about 130,000. The Government's program to screen individual
Laotian arrivals, in place since 1985, continues to function,
even though the Lao government has so far declined to accept
back any of its citizens who have been found inadmissible as
refugees .

There are occasional reports that individuals and groups,
especially Hmong highlanders, have been denied access to the
screening system and compelled to return to Laos. This issue
is complicated by the fact that some of these would-be
entrants are Lao resistance elements, rather than simple
asylum-seekers. Vietnamese coming overland via Cambodia after
April 1981 have had to remain at the border for lengthy
periods until they were allowed to be considered for third
country resettlement. In October about 3,500 overland

825

THAILAND

Vietnamese were on the border. Although the Government closed
Khao I Dang holding center to new refugee arrivals from
Cambodia in early 1980, another 11,200 Cambodians who
surreptitiously entered Khao I Dang since then have been given
full access to the center's facilities. Cambodians caught
trying to enter Khao I Dang or who violate Thai camp rules
have been returned to camps for displaced Khmer on the Thai
side of the border.

The UNHCR and the major resettlement countries have supported
the Thai policy of promoting voluntary repatriation when that
is possible. About 2,900 Lao have returned to their homeland
under UNHCR supervision following successful bilateral
Thai/Lao negotiations in September 1980. UNHCR negotiations
with the Heng Samrin regime concerning the repatriation of
Khmer refugees remain stalled. The Government of Vietnam has
been unwilling to discuss repatriation of Vietnamese in
Thailand. The vast majority of Indochinese in Thailand are
not willing to return to their home countries.

Since 1979 nearly 84,000 Vietnamese refugees have arrived in
Thailand after perilous journeys across international waters,
often in small, unseaworthy boats. Although considerably less
than the peak years of 1979-81, the number of arrivals in 1986
averaged about 340 persons per month, slightly higher than the
monthly average in the previous 2 years. Boat people continue
to suffer from pirate attacks, equipment breakdowns, and
navigational problems which cause sickness, starvation, and
death.

As its contribution to alleviating criminal attacks against
Vietnamese boat people, the Government, with financial and
technical assistance from the UNHCR and 12 donor nations,
conducts patrols and other law-enforcement activities designed
to detect, deter, and punish crimes at sea. In the past year,
these Thai efforts have been increasingly successful, and
pirate attacks have declined significantly. The Thai
authorities apply the same asylum, relief, and resettlement
policies to boat refugees as to all others.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Since the absolute monarchy ended in 1932, the Thai government
traditionally has been managed by a continuing civilian
bureaucracy heavily influenced by the military, often with a
military officer as Prime Minister. Holding key military
positions in important units in the immediate Bangkok area has
been the most common avenue to the highest national
leadership. Governments often have been changed
extraconstitutionally by generally bloodless military coups.
However, since 1978, as Thailand has become a more developed,
complex society, there has been an evolution toward democratic
change and constitutional process, with free elections
assuming a larger role. The failed 1985 coup attempt by a
small military group which lacked general military support was
a reminder that constitutional processes are still shallowly
rooted. It is generally assumed that the military has not
abjured intervention in the political process, but now usually
acts quietly from behind the scenes. The Government does not
normally make decisions which the military would strongly
disapprove. Active duty military officers are prohibited
constitutionally from holding cabinet posts.

826

THAILAND

Prime Minister Prem is supported by parties holding somewhat
more than half the elected seats in the National Assembly.
The 1986 national elections for the Lower House were open and
free, and 16 parties fielded a record number of candidates. A
four-party coalition government subsequently was formed.
Opposition parties regularly present opposing views both
within the National Assembly and through the mass media. The
Thai National Assembly almost invariably has dissenting votes
on legislation and on procedural decisions.

The overwhelming majority of adult Thai have the right to
vote. The Government encourages voter turnout, but does not
use either direct or indirect pressure to compel voters to
cast ballots. Actual voter turnout for both national and
local elections generally exceeds 50 percent, and the 1986
parliamentary election topped 61 percent of eligible voters — a
record.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has responded in the past to specific inquiries
from Amnesty International and the International Commission of
Jurists. It is generally willing to discuss human rights
problems with both domestic and international human rights
organizations. Human rights organizations of all kinds are
permitted to visit Thailand, meet with appropriate government
officials, and lobby for corrective action.

Local civil and women's rights groups, active on a wide range
of issues including prostitution and enforcement of labor
laws, have generally devoted most of their efforts to the
promotion of women's rights and identifying and correcting
human rights violations. Thai human rights organizations have
had significant success in recent years. They have, for
example, successfully encouraged the Government to tighten the
discipline of police and paramilitary forces fighting the
Communist insurgency and have brought pressure on the
Government to alleviate widespread abuses in child labor
practices. Local representatives of Amnesty International
appealed the death penalty given to a former Communist
insurgent during 1986 and are awaiting a decision on a royal
pardon.

Thailand has involved itself directly in international human
rights efforts, but generally has not taken inititatives in
United Nations forums. It has, however, taken a leading role
in preparing ASEAN resolutions in regard to Cambodia,
including human rights violations, which are considered
annually by the United Nations. Thai representatives were
among the founding members of the Regional Council on Human
Rights in Asia, a forum for the exchange of human rights
information established in February 1982. Thai members of the
Council helped draft a declaration on human rights to serve as
the organization's statement of policy and goals.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Thailand has made considerable progress, particularly
considering its limited resources, in accomplishing the
integration of its minorities. While Thailand is generally
regarded as a tolerant and relatively homogeneous society,
there are ethnic factors which affect social and cultural

827

THAILAND

aspirations. Although present in Thailand for several
generations, some hill tribes are not regarded as citizens.

Ethnic Chinese are spread throughout Thailand, with a
concentration in Bangkok. Although the Chinese are better
assimilated and integrated in Thailand than elsewhere in the
region, there is a tradition of populism directed against the
trading and financial activities of the Chinese.

Muslims are a significant minority and represent a majority in
the southernmost provinces along Thailand's border with
Malaysia. The Thai government is very aware of their special
needs and has put much effort into regionally targeted
development efforts and the creation of educational
opportunities in order to integrate Thai Muslims into Thai
society. However, Muslims continue to be underrepresented in
government service, the professions, and as participants in
higher education.

A community of Vietnamese and their offspring living in the
northeast since 1954 cannot become Thai citizens, and in most
cases are restricted in movement, education, and employment
opportunity. It was long expected that they would eventually
be repatriated to Vietnam. In the meantime, these
restrictions represent, in part, a conscious Thai policy to
discourage further emigration from Vietnam, and in part a
reaction to the judgment that they represent a kind of "fifth
column" within Thailand as many appear loyal to Communist
Vietnam.

The status and role of women has improved steadily over the
past several years. For the most part, women have equal legal
rights in Thailand, with specific guarantees of property and
divorce rights, and there are no allegations that these rights
are denied. Women vote in numbers equal to men and
participate fully in the political process. There are several
female members of the national legislature. However, women
generally are underrepresented in national politics and in
high governmental positions. They are well represented in the
labor force and are becoming increasingly so in professional
positions, particularly those in the commercial sector. In
general, women are not legally barred from positions
traditionally held by men. Despite limitations on serving in
the armed forces, female officers routinely have solid
careers, reaching the rank of colonel. In rural areas, sex
stereotypes exist with respect to occupational and social
roles. These barriers are being modified as mass
communications bring modern role models to even the most
remote communities.

CONDITIONS OF LABOR

Work conditions vary widely in Thailand. Medium and large
factories, which produce most of Thailand's export goods, work
8-hour shifts and have working conditions which are reasonable
by international standards. Where there are deficiencies,
including child labor abuses and unsafe working conditions,
they are confined to the sectors of small manufacturing
enterprises producing lower quality goods for the local
market, where it is difficult to enforce labor standards. In
Bangkok and surrounding provinces, where most industry is
located, the minimum wage is $2.68 per day. This standard has
been difficult to enforce, however, and many workers receive
less than the minimum, especially in construction and the
domestic, nonexport-oriented sectors of the economy.

828

THAILAND

Thai law prohibits the employment of children under the age
of 12. Employment of children 12 to 15 years of age is
permitted for "light work." A recent study sponsored by a
Thai government agency concludes that the laws governing child
labor are inadeguate by International Labor Organization
standards and are poorly enforced, and that both children and
adults work in substandard conditions. Each year the press
carries reports of child labor abuses, including reports of
children held as virtual captives by their employers. A
recent informal survey by a leading newspaper concluded, for
example, that more than 100,000 children over the age of 11
are employed in manufacturing, earning an average of $l-$2 per
day. A major part of the problem is that Thai labor
protection law is vague, lacks severe punishment for
offenders, and does not differentiate between adult and child
workers .

829

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: THAILAND

1984

1985

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..,

OANS

RANTS ,

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RcLI

ER S

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.)..
R PEACE

OTAL

N l-LOANS

FOR. CURR

TOTAL

.EC.OEV S WFP,

£F AGENCY

CON. ASSIST...

:E CORPS.
COTICS...
ER

II.MIL. ASSIST. -TOTAL,
LOANS

GRANTS ,

A. MAP GRANTS

3. CREDIT FINANCING.,
:.INTL MIL.ED.TRNG. ,
D.TRAN-cXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S ^IIL.

LOANS ,

GRANTS

41.9

41.8

37.8

18.1

12.5

3.5

23.8

29.3

34.3

35.9

31.1

18.1

12.5

3.5

17.8

23.4

27.6

9.1

8.0

5.0

0.0

6.0

5.9

6.7

0.0

6.3

5.9

6.7

3.0

3.2

3.1

3.0

2.7

3.6

0.0

101.2

102.3

87.5

94.0

95.0

80.5

7.2

7.3

7.0

5.0

4.8

94.0

95.0

80.5

2.2

2.3

2.2

0.0

143.1

144.1

125.3

112.1

107.5

84.0

31.0

36.6

41.3

OTHER US LOANS 16.3

3.0 0.0

EX-IM BANK LOANS 16.3

ALL OTHER... 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

290.4

481.4

437^0

6220.5

IB^O

152.6

112.5

93.0

3675.0

IfC

57.7

0.6

332.9

565.2

IDA

0.0

125.1

103

0.0

A03

75.0

364.1

11.1

1730.9

AFDB

0.0

, 0.0

0.0

UNOP

1.6

4.2

0.0

75.0

OTHER-UN

3.5

0.0

49.3

EEC

0.0

830

TONGA

The Kingdom of Tonga comprises 169 islands scattered over an
area of 360,000 sqpiare kilometers of the South Pacific. All
but a handful of the 104,000 inhabitants are Polynesian.
Tonga is a constitutional monarchy, with political life
dominated by the King and a few nobles. In 1900 Tonga entered
into a protectorate association with Great Britain. In 1970
it became fully independent again and joined the Commonwealth.
Tonga's economy is based almost exclusively on the cultivation
of tropical and semi-tropical crops. An increasing demand for
imported manufactured goods and products not available locally
has led to a substantial balance of trade deficit. This has
largely been offset thus far by remittances from Tongans
employed abroad, overseas aid, and, to a lesser degree, by
tourism. There were no significant human rights issues in
Tonga in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no politically motivated killings by the Government
or opposition political forces.

b. Disappearance

There were no disappearances, nor was there any evidence of
people being abducted, secretly arrested, or clandestinely
detained.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel, inhuman, or degrading treatment or
punishment is prohibited by law and there were no reported
instances of such practices.

d. Arbitrary Arrest, Detention, or Exile

Habeas corpus is enshrined in the Constitution and observed in
practice. There is no preventive detention and no exile,
internal or external. Forced labor is prohibited by law.

e. Denial of Fair Public Trial

The right of a fair public trial is guaranteed by law and
honored in practice. No one may be summoned before any court
without first having received a written indictment clearly
stating the offense with which he is charged. Defendants are
entitled to counsel, and counselors have free access to
defendants. The judiciary is independent of government
interference, and there are no special courts for political or
security offenses. Tonga has no political prisoners.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

By law no one may enter or search the home of another, or
remove any item of property unless in possession of a warrant
issued by a magistrate. There is no arbitrary intrusion of
the state or political organizations into the private life of
the individual.

831

TONGA
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press is guaranteed by the
Constitution. Tonga's radio station and the country's largest
circulation newspaper are government owned. Other components
of the media are privately owned. There were no known
instances of abuse of freedom of speech and press.

b. Freedom of Peaceful Assembly and Association

Peaceful assembly and association are provided for by law.
There are no significant restrictions. Tonga passed a trade
union act in 1964, but to date no union has been formed.

c. Freedom of Religion

Freedom of religion is guaranteed by the Constitution and
observed in practice. Missionaries may proselytize without
impediment .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Tongan citizens are free to travel anywhere within the Kingdom
and abroad. There are no restrictions on repatriation. There
are no displaced persons in Tonga.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The King and a small group of hereditary nobles dominate
political life in Tonga. They assert authority largely
through their control of substantial land holdings. The
Constitution allows the monarch broad powers, many of which do
not require the endorsement of the legislative branch. The
King appoints and presides over the Privy Council, which makes
major policy decisions. (When the King is not presiding, the
Privy Council is called the Cabinet.) The King also selects
the prime ministers and other cabinet ministers, who hold
office at his pleasure. Tonga's unicameral legislature, the
Legislative Assembly, consists of 7 nobles elected by their
peers (33 noble titles are recognized by the Constitution),
and 7 people's representatives elected by all literate,
tax-paying males and all literate females over 21. The King
appoints a speaker from among the nobles' representatives.
Government ministers and nobles' representatives generally
vote as a bloc. People's representatives sometimes vote
against the Government. Elections are held every 3 years.
There are no political parties.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

There have been no reported allegations of human rights
violations by the Government. There are no local
nongovernmental organizations which concern themselves with
human rights. Tonga is not represented at the United Nations;
and the Government has not taken an active interest in
international affairs, including international human rights
matters .

832

TONGA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Social, cultural, and economic facilities are available to all
citizens regardless of race, religion, or sex. While the
strong Polynesian cultural tradition has not encouraged the
rise of women to positions of leadership, women have become
members of the legislature and served in responsible positions
in several ministries. The existence of a hereditary class of
nobles is generally accepted because of a long tradition
dating back over 1,000 years and because obligations and
responsibilities are reciprocal. Although the nobles may be
able to extract favors from people living on their estates,
they must likewise extend favors to their people. However,
increasing educational opportunities for young commoners and a
concomitant increase in their political awareness has
stimulated some dissent against the nobility system.

CONDITIONS OF LABOR

By regulation the workweek in Tonga is limited to 40 hours. A
panel chaired by the Minister of Labor, Commerce, and Industry
has been empowered to set minimum wage guidelines but had
failed to do so as of October 1, 1986. Worker rights
legislation covering such matters as safety standards,
conditions of employment, and child labor is pending in the
Legislative Assembly. Legislation for the provision of social
security benefits to the work force has been under
consideration by the Government since 1983.

833

VANUATU

Vanuatu, the former New Hebrides, is a South Pacific island
nation with an estimated population of 136,000. One of 3
countries comprising Melanesia, Vanuatu became independent in
1980, following more than 70 years of joint British-French
rule. It has a parliamentary system of government with a
prime minister and a parliament, the Representative Assembly.
Independence was accompanied by temporary political
turbulence, including an attempt at secession, which left a
legacy of suspicion of outside interference. However, most of
the internal strains from the 1980 secessionist rebellion have
subsided.

Political legitimacy in Vanuatu is based on majority rule,
supported by both Melanesian and Western tradition. The first
general election since independence, held in November 1983,
was vigorously contested and democratically conducted. A
second parliamentary election is scheduled for 1987. The
courts are independent and solicitous of individual rights.
The police and military are under civilian control.

The Vanuatu economy resembles that of other Pacific island
states in its dependence on international trade and its
vulnerability to shifts in world market prices. Tourism
formerly earned more foreign exchange than all exports
combined but recently has been very depressed.

The favorable human rights situation in Vanuatu changed little
in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Neither the Government nor any organized group resorts to
political violence.

b. Disappearance

There were no reports of politically motivated disappearance.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Constitutional guarantees against torture and cruel, inhuman,
or degrading treatment are observed in practice and enforced
by the courts. Prisoners have recourse to an Ombudsman.

d. Arbitrary Arrest, Detention, or Exile

There are no politically motivated arrests in Vanuatu. Arrest
is by warrant. There is no exile. Suspects have free access
to a lawyer of their choice. The constitutional guarantee
that suspects will be informed of charges and given a speedy
hearing before a judge is observed. The use of forced or
compulsory labor is not permitted, and there have been no
reports of either practice.

e. Denial of Fair Public Trial

The courts uphold constitutional provisions for a fair public
trial, presumption of innocence until proven guilty.

834

VANUATU

prohibition against double jeopardy, the right of habeas
corpus, and appeal to the Supreme Court. The courts are
independent of military or executive interference. There were
no reports of arbitrary or unfair exercise of judicial
authority.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Sanctity of the home and family and privacy of correspondence
are observed.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although freedom of expression is guaranteed by the
Constitution, the Government publishes and controls the
country's only national newspaper and manages the national
radio station. There is no independent newspaper or radio.

b. Freedom of Peaceful Assembly and Association

There are no restrictions on the formation of political
parties or trade unions in Vanuatu. There are two main
political parties and several relatively new smaller parties.
To an extent unusual among Pacific island states, the ruling
Vanua ' aku Party is the primary policymaking body; its
decisions are implemented by the Government. Vanuatu has a
small but active trade union movement with the right to
organize, strike, and bargain collectively. As of 1984, there
were 21 registered trade unions and 6 employer associations.
In February 1984, a labor council, the Vanuatu Trade Union
Congress, was formed and became a member of the International
Confederation of Free Trade Unions.

c. Freedom of Religion

Freedom of religion is protected by law and respected in
practice. Missionaries of various Christian denominations
work without restriction.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

All Vanuatu citizens are free to travel internally and
externally. There are no restrictions on returning from
abroad.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Vanuatu is a multiparty democracy. Numerous candidates
competed in the parliamentary elections in 1983; both the
campaign and voting were considered by outside observers to
have been fair. Elections to provincial and local councils
have also been contested and fair. However, members of the
opposition complained in the latter part of the year that they
were denied use of both the government-owned radio and press
to a significant degree.

835

VANUATU

Section 4 Governinental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government publicly has expressed willingness to permit
investigation by qualified and objective outside observers.
There were no charges of human rights violations in 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Most of the people are Melanesians whose ancestors migrated
from New Guinea. There are small minorities of Chinese,
Fijians, Vietnamese, Tongans, and others; most of them are
concentrated in the two towns and on a few plantations. These
minorities are not discriminated against. Although there have
been rumors of corrupt practices by members of the ruling
Vanua ' aku Party, there is no evidence to suggest a pattern of
discrimination in government provision of basic services.

While women have equal rights under the law, they are only
slowly emerging from a traditional culture characterized by
male dominance, a general reluctance to educate women, and a
widespread belief that women should devote themselves
primarily to propagation and child rearing. Nevertheless, an
increasing number are finding work in the unskilled,
semiskilled, and social occupations. Although the 39 seats in
the Representative Assembly are all held by men, there was a
woman candidate in the 1983 election, and she was defeated by
only a small margin. Several women hold senior positions in
the Government, but otherwise women have not found their way
into positions of leadership.

CONDITIONS OF LABOR

In 1985 a minimum wage law was adopted. There is also
legislation regulating conditions of work, including hours,
and with provisions concerning child labor. No information is
available on occupational safety and health legislation. A
large proportion of the population is still engaged in
subsistence agriculture or fishing.

836

VIETNAM

The Socialist Republic of Vietnam (SRV) is a totalitarian state
ruled by the Vietnamese Communist Party, the sole source of
power. While the party is attempting to promote younger
leaders to decisionmaking levels, the current leadership is
essentially from the same group which fought the long war of
independence from France, took power in the north after the
country was partitioned in 1954, launched the armed effort to
gain control of the southern Republic of Vietnam in the early
1960 's, and unified Vietnam after the fall of Saigon in 1975.

A nationalist movement has characterized Vietnam's history for
more than 1,000 years. Resistance against encroaching Chinese
empires to the north and Vietnamese expansion at the expense of
declining civilizations (the Cham and Khmer) to the south and
west have had a major effect on Vietnamese political culture,
reinforcing a perception of Vietnam as the natural leader of
Indochina and fostering a narrow sense of identity in the
generally northern-based Vietnamese leadership group.

These perceptions have important implications for h\aman rights
in Vietnam. Regional, religious, ethnic, and other groups
outside of the northern, Communist core are viewed with
suspicion. The loyalty of southerners has been questioned
because of their separate political and cultural history. The
Central Committee named by the Sixth Communist Party Congress
in December has a larger number of southern members than had
been chosen in the past. The practical effects of this change
on regional power-sharing, however, cannot yet be determined.
Many religious leaders, despite legally guaranteed freedom of
religion, have been imprisoned on political charges.
Tremendous pressure has been brought to bear on ethnic Chinese
Vietnamese, who are considered a potential fifth column. Those
who have not fled are closely watched. Cham Muslims in the
south and the tribesmen of the central highlands are targets of
government campaigns to erase their cultural identities.

The public security apparatus is pervasive in the surveillance
and control of the citizenry. Arrests for alleged political
crimes do not require warrants; the Government can imprison
those suspected of political crimes in "reeducation camps"
without trial or charge. Fundamental rights and liberties are
severely restricted.

Vietnam also plays the key role in determining the state of
human rights in neighboring Cambodia. Major violations of
Cambodian human rights have been perpetrated during the
Vietnamese occupation. The fundamental right of
self-determination continues to be denied to the Khmer people.
Because Vietnam has substantial control over the policies and
actions of its surrogate regime, the People's Republic of
Kampuchea, it must bear significant responsibility for that
Government's violations of human rights.

Vietnamese from the south are still subject to arrest for past
association with the former government; all Vietnamese are
subject to arrest for espousing political ideas contrary to
accepted Communist ideology. Hanoi has denied basic civil
rights, working papers, and ration coupons to many Vietnamese
deemed politically unacceptable. Former reeducation camp
prisoners and others without government-sanctioned employment
often are forced to move to "New Economic Zones," where it
frecjuently proves impossible to wrest even minimum subsistence
from the land. The only option then left is to flee these
areas to live illegally in the underground economy.

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There was no improvement in the human rights situation in
Vietnam during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Former reeducation camp prisoners have reported summary
executions for escape attempts and resistance to camp
authorities. A former inmate in a prison for persons who have
attempted to leave Vietnam illegally has reported that
prisoners who refused to obey guards' orders were executed.
Other reports indicate that inmates have been shot attempting
to escape from the camps. Conditions in the camps are brutal;
a significant number of deaths result from malnutrition,
exhaustion, and other unnatural causes. There is little
current information on the activities of minority and ethnic
Vietnamese resistance groups against government authority. In
the past, these groups have targeted Vietnamese military units
and, less often, public security and administrative officials.
The number of such attacks in recent years appears to be small.

b. Disappearance

There is no evidence of systematic political kidnaping by
government security organizations since the period immediately
following the fall of the Saigon government in 1975, when
thousands were taken into custody extralegal ly. There have
been no reports of disappearances or hostage-taking by forces
resisting government authorities.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Reports from refugees are consistent and credible concerning
the severity of the conditions for prisoners in the reeducation
camps. Prisoners face severe and often arbitrary punishment
for minor infractions of camp rules, substandard nutrition, and
poor or nonexistent medical care. Political prisoners
routinely are made to do hard labor. These conditions have
resulted in acute suffering, permanent physical impairment, and
often times death. It has been reported that persons
imprisoned for attempting to flee Vietnam have been beaten to
death during interrogation.

d. Arbitrary Arrest, Detention, or Exile

For major crimes, including alleged political offenses, public
security officials may legally apprehend and search suspects
without a warrant, then hold them for an indefinite period.
Refugees have reported that authorities sometimes wait several
months before notifying relatives of those arrested.

For routine crimes, a suspect may be apprehended on a warrant
which stipulates the nature of the crime and which authorizes
detention for 2 months prior to trial. A 2-month extension of
the detention period may be obtained on application. There is
no provision for bail or legal counsel prior to trial. Those
suspected of political crimes may be sent to reeducation camps
without trial or formal charge. The Government continues to
hold large niombers of persons in the camps; one report cites as
many as 60,000 detainees in reeducation camps as recently as

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VIETNAM

1983. However, in October 1985, Minister of Justice Phan Hien
asserted that no more than 10,000 prisoners were being held in
the camps .

Camp populations are composed of political prisoners, persons
apprehended attempting to flee the country, intellectuals,
chaplains, and clergy from both Buddhist and Christian groups,
as well as former officials and military officers associated
with the Republic of Vietnam. The Government uses the camps to
remove from society those persons which it sees as dissident
elements, particularly leaders. In the camps, authorities
attempt to produce conformity through confinement, hard labor,
self-criticism, and indoctrination. Many detainees have
indeterminate sentences and the prospect of indefinite penal
labor. According to one report, basic sentences for many
former Republic of Vietnam officials range from 2 through 7
years. The report asserted that the length of sentence was
directly correlated to rank and position held (former
intelligence and psychological warfare officers were given
longer than normal sentences) and inversely correlated to the
bribe paid by the detainee's family. While thousands of
prisoners reportedly have been released over the past 11 years,
including many military prisoners below the rank of colonel,
some have been rearrested.

Forced labor has been used by Vietnamese, and by local
authorities in Cambodia under Vietnamese control, for projects
to improve the logistical infrastructure for Vietnamese
occupation troops. Credible reports indicate that the
Vietnamese have also used forced Cambodian labor to construct
military fortifications and defensive barriers along the
Thai-Cambodian border. A number of government projects in
Vietnam have used forced labor provided by reeducation camp
prisoners. The adverse effects of this labor, exacerbated by
the withholding of medical treatment, include malnutrition,
exhaustion, and in many cases death.

On August 29, 1986, Vietnamese authorities announced an amnesty
for prisoners who had made "good progress in reeducation." The
announcement said sentences would be reduced in some cases,
while immediate release was possible for prisoners who had
completed two-fifths of their sentences. It has not been
possible to assess the the actual effect of this amnesty.

e. Denial of Fair Public Trial

The Vietnamese legal system is characterized by arbitrary
detention, without charge or other form of legal process, under
the guise of reeducation. The defense counsel is supposed to
ensure that proper legal procedures are followed, in accordance
with the defendant's rights under the Constitution, and to
explain the proceedings to the defendant. However, the defense
counsel is not an advocate for the defendant as is the rule in
other countries that have both common law and civil law
systems. In general, the legal system operates as an agency
for the enforcement of regime directives; it has no
independence from political intervention.

Whether a new penal code announced in mid-1985 has engendered
any true reform in the legal system is not known.

f. Arbitrary Interference with Privacy, Family, Home, or

Correspondence

The Government operates a nationwide system of population

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VIETNAM

surveillance and control through party- appointed block wardens
who use informants to keep track of each person's activities.
This system exists in both urban and rural areas. It works
imperfectly in southern Vietnam, however, partly because of a
shortage of trusted party workers. There have been reports of
official and nonofficial security wardens conducting searches
of homes for draft-age males in order to fulfill draft cjuotas.
There continue to be reliable reports that Ministry of the
Interior officials inspect and sometimes confiscate mail and
packages sent to Vietnam, particularly those sent to
politically suspect persons or to persons of Chinese origin.
Outgoing mail is also subject to inspection and censorship.

The regime has widely publicized its program to relocate
millions of people to "New Economic Zones" in virgin or
unproductive rural areas in order to expand agricultural
production. Hundreds of thousands of Vietnamese were resettled
in these remote zones during the years following the fall of
the Republic of Vietnam. In many cases, the resettlement
process has involved forms of coercion. The resettlement
program targeted those whose views and backgrounds were seen as
politically suspect and who were often therefore unable to find
employment. Conditions in these zones reportedly range from
extremely poor to life threatening. Almost no basic services
are provided. Many resettled persons found it impossible to
maintain life in these zones and have returned to the cities
where they are forced to live without the ration cards and
neighborhood registration cards essential to procuring regular
employment, food, and essential services. Without these
documents, they can be arrested arbitrarily and returned to the
New Economic Zones or imprisoned.

Reports indicate that the Government continues to pursue the
relocation program, despite its cost in human suffering. The
1981-85 plan called for the relocation of 1 million persons. A
Ministry of Labor official claimed in August 1985 that the 1985
goal of relocating 200,000 workers would be met. An editorial
in the official newspaper Nhan Dan in March said, "tasks
concerning labor and population redistribution have been
intensified and expanded for 1986, the first year of the
1986-90 5-year plan." The focus of the editorial was the need
for proper planning and preparation for the new zones; it
indicated that people leaving assigned areas because of being
"sent to places thousands of kilometers away with shortages in
all categories" has "undermined the people's concept of and
confidence in the task. "

The official rationale for the massive relocation of the people
has been to increase production, particularly of cash crops
such as coffee and rubber, and to reduce unemployment in urban
areas. Although many workers in the zones are brought in under
formal contracts, the implementation of quota requirements
sometimes arbitrarily interferes with a person's right to live
in a place of his own choosing.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech is severely limited in Vietnam. The Ministry
of Culture and Information and Communist Party organs control
all newspapers, books, and other publications, as well as all
cultural exhibitions. The Government controls and censors all
public sources of information and promotes "revolutionary
culture" in the arts. Many prominent artists and writers have

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VIETNAM

been arrested. Refugees report that the Government has
implemented electronic jamming against the shortwave radio
operated by a Vietnamese resistance group which broadcasts into
Vietnam. Independent criticism of the party and the Government
is forbidden except within limits set by authorities, and
appears to be condoned only when authorities use it to
criticize the laxity of officials or groups who do not meet
Party norms. Self-censorship by journalists operates without
question, given the pervasive control of the party. Informants
in the block surveillance system insure that even private
criticism of the regime is greatly inhibited.

b. Freedom of Peaceful Assembly and Association

There are prohibitions against meeting either publicly or
privately to criticize or protest government actions or
policies. Nongovernmental organizations, such as church
groups, can meet only for approved and narrowly defined
objectives, such as religious services.

In lieu of independent labor groups, "unions" have been set up
under the Vietnam Federation of Trade Unions, which is
controlled by the Communist Party. Claiming 3 million members,
the Federation's stated goal is to increase party control and
production, rather than to improve and protect the welfare of
its members. There is no right to bargain collectively or to
strike. Mass organizations, such as women's federations, have
been organized in other sectors of the population. They
perform the same functions of control, propaganda, and policy
dissemination within their respective sectors as do the labor
organizations.

c. Freedom of Religion

The Government tolerates the existence of religious groups and
allows religious services, but has consistently attempted to
divide and control the Catholic, Buddhist, and Cao Dai
churches, the Muslim community, and other religious groups.
The Government perceives religious groups as potential seedbeds
of subversion and political opposition. It has attempted to
prevent their growth by blocking publication of religious
materials and prohibiting the training of new clergy. The
Government has attempted to co-opt religious groups by
promoting organizations and leaders controlled by it.

Refugees have reported constant government harassment of the
Catholic Church. Priests who do not follow government
regulations are subject to confinement in remote villages,
house arrest, and incarceration. There are reportedly over 100
priests detained in reeducation camps. Many former military
chaplains of all faiths have been imprisoned since 1975.
Catholic priests and nuns are subject to police surveillance.
Most religious are required by the authorities to work full
time in secular occupations, thus limiting their church
activities. The Government has also restricted communication
between rural parishes and their bishops and has sharply
curtailed the ordination of new Catholic clergy. While six
seminaries were theoretically reopened in 1980, no candidates
met the new enrollment criteria. A former seminarian has
reported that no Catholic priest has been ordained since then.

Authorities routinely disapprove half of the applications of
parishioners requesting permission to attend services.
Required "voluntary" work and other activities are scheduled by
authorities during times of regular church services. In some

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VIETNAM

areas, daily masses must be celebrated before 6 a.m. or after 6
p.m. Sermons must be cleared or monitored by the local
police. The Government does not permit the printing or
importation of Bibles. Meetings between members of different
parishes are prohibited. No church building can be repaired
without government authorization; a number of churches have
been allowed to fall into complete disrepair.

Harassment of clergy and their congregations occurs in other
ways as well. Catholics are reguired to register as such with
the authorities, although Buddhists are not. Catholics are
discriminated against in employment. As a result of this
persecution, the size of Catholic congregations has decreased
steadily since 1975.

In the south, the Catholic Church appears to have more
successfully survived in the cities than in the countryside.
However, the teaching role of the Church has been severely
restricted, and many churches and all but one Catholic seminary
in the south have been closed. In central Vietnam, thousands
of Catholics have been forcibly relocated and made to work on
government construction projects. In 1982 authorities took
steps to bring the Catholic Church under closer government
control by creating the Catholic Patriotic Association. This
attempt to weaken links with the papacy by developing a
national Catholic church has been ignored by the great majority
of clergy and church members.

Protestant churches have been similarly restricted. Church
buildings have been taken over by authorities under various
pretexts. Protestant churches in the highlands have all been
closed, as has the sole Protestant college and theological
seminary. There have been continuing reports of harassment of
those evangelical churches which have been allowed, albeit with
severe restrictions, to hold services in urban areas. Church
members may not attend services with other congregations, but
are restricted to their own. Authorities are said to have
forbidden at least one group from meeting at all.

Most of Vietnam's 30,000 Muslims are members of the Cham
minority, which the regime distrusts. The linkage of Cham,
Khmer Krom, and hilltribe (Montagnard) groups created the only
sizeable resistance movement in Vietnam: the United Liberation
Front of Oppressed Races (FULRO) . In its repression of the
Cham, the Government has eliminated the position of mufti
(religious leader) within the Muslim communities, disbanded
organized Muslim associations, and severed links with overseas
Muslims. The regime forbids the religious pilgrimage to Mecca,
and has not given permission for the Muslim community to
participate in the Koran reading contest held annually in
Malaysia. Many Muslim schools have been closed, but most
mosques remain open. Importation and publication of the Koran
is forbidden.

About half of Vietnam's population is Buddhist, the majority
belonging to the Mahayana sect. Vietnamese authorities have
tried repeatedly since 1975 to suppress and intimidate the
Mahayana leadership. Officials have seized temples and
transformed them into public buildings. They have arrested
monks intermittently since 1975. Hundreds of monks remain in
reeducation camps, while many others are under house arrest.
The travel of those not detained is severely restricted.
Government permission is required for monks to travel or stay
overnight away from their home temples. Some reports allege
that local authorities seek to control and restrict the

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VIETNAM

community of Buddhist monks by forbidding the traditional
donation of food. The majority of pre-1975 monks in the south
have been forced to leave the monkhood, and few young men are
allowed to join the community. Teaching of monks must often be
conducted in secret, and most pagoda schools have been closed.
Monks of the once politically active An Quang, Xa Loi, and Vinh
Nghiem pagodas are kept under close government surveillance and
the pagodas are rarely open to visitors.

The regime's suppression of the Buddhists became more
systematized as a result of a conference, which it organized in
November 1981 and which established the Unified Vietnam
Buddhist Church. The group's charter states that it is "the
only Buddhist organization representing Vietnamese Buddhism in
all other relations in the country and with other countries."
Strong controls are outlined in the charter: all Buddhist
pagodas are placed under the control of local people's
revolutionary committees; prayer sessions and meditations as
well as meetings between monks of different pagodas are allowed
only with the permission of the local committees. Reports
suggest that the new church has no appeal to most Buddhists,
who view it simply as a creature of the regime.

Most of the Therevada Buddhists are ethnic Khmer (Khmer Krom) .
They comprise about 800,000 persons living in southern and
southwestern Vietnam, and have provided the Vietnamese forces
occupying Cambodia with interpreters and staff. Nevertheless,
the Khmer Krom is distrusted by the Vietnamese, partly for
historical reasons. A number of Therevada leaders have been
imprisoned.

Other religious groups have also been persecuted by the
regime. The Hoa Hao (an anti-Communist Buddhist armed sect)
strongly resisted the Communist takeover of the south in 1975.
As a result, the Government violently repressed the sect and
arrested virtually all of its leaders. The regime maintains
tight control over Hoa Hao areas. Similarly, the regime has
arrested many of the leaders of the Cao Dai, a uniquely
Vietnamese armed sect comprising elements of Buddhism and
Christianity. Refugees have reported police occupation of the
Cao Dai Holy See in Tay Ninh City. The official press has
claimed that Cao Dai leaders used the Holy See to establish an
antigovernment subversive organization, broadcasting and
printing antigovernment messages, and storing arms for an
uprising. Some leaders have been tried and executed for these
activities, according to the official media. The trial of 2
Cao Dai leaders and 31 alleged accomplices was publicized in
August 1983. Since the Hanoi regime views religion as a
possible source of political opposition, adherence to a
religious sect is incompatible with membership in the Communist
Party. Party membership is, in turn, a prerequisite for
political, economic, and educational advancement in Vietnam.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Approval is recjuired for all foreign travel. Identity cards
are required for internal travel. No one is allowed to change
his residence or work location without permission from the
authorities. Since public security cadre frequently check each
household's occupants against the official family register,
unauthorized absences can subject families to intrusive
surveillance and other harassment. Permission for temporary
travel abroad is normally granted only to government officials
or approved spokesmen for quasi-governmental organizations.

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VIETNAM

Several factors have combined to fuel the exodus of more than 1
million people since 1975. Among them are severe political
repression, ethnic and religious persecution, discrimination in
economic, cultural, and educational opportunities, fear of
imprisonment or of forced resettlement to remote areas, and
fear of being conscripted to fight in Cambodia.

In early 1978, the Vietnamese adopted a program to "facilitate"
the departure of ethnic Chinese and others as refugees. The
program was administered through special offices at the
provincial level which charged large fees for exit permits and
passage. At its height in early 1979, the boat exodus of
mostly ethnic Chinese reached over 40,000 people a month.
Those fleeing were exposed to extreme hardship at sea, where
untold thousands of lives were lost.

At the International Conference on Vietnamese Refugees held in
Geneva in July 1979, Vietnam announced a moratorium on these
refugee departures. Information from refugees who have left
Vietnam since then indicates that, in general, the authorities
are no longer officially assisting such departures, although
many assist extra-of f icially for a financial consideration. In
May 1979, the United Nations High Commissioner for Refugees
(UNHCR) reached agreement with Vietnam on the legal departure
of persons under the Orderly Departure Program (ODP) .
Emigration under this program started slowly, with only some
13,000 departing Vietnam in the 27 months between July 1979 and
October 1981. Vietnam then expanded the program. Cumulative
departures through September 1986 totaled 113,600. In January
1986, the Vietnamese halted UNHCR interviews of ODP candidates,
complaining of slow processing of persons on Vietnamese lists
and the creation of the so-called backlog. Negotiations to
resume the interviews continue.

Refugees continued to leave Vietnam clandestinely during 1986,
although at a somewhat slower rate than in previous years.
Hanoi and provincial radio stations have broadcast reports of
executions or lengthy jail sentences for organizers of failed
escape attempts, as well as lesser punishments dealt to others
implicated. Currently, male offenders can expect sentences of
3 months or more at hard labor, depending on their role in the
departure attempt, while female offenders receive 1 to 3
months, with childless women often receiving longer sentences.
Reeducation camp releasees who attempt flight can expect to be
returned to the camps for an indefinite term. Property, often
including the means of livelihood, is confiscated from those
caught trying to escape, as is the property left behind by
those who succeed.

Few have returned to Vietnam after fleeing the country. Those
who escaped in the immediate aftermath of the fall of South
Vietnam in 1975, and later returned, were incarcerated in the
camps. In only a few isolated cases has Hanoi accepted
repatriation in recent years; in effect, those who emigrate
lose their citizenship. Some who left Vietnam prior to 1975
and acquired nationalities and travel documents of other
countries have been permitted to return ad visitors.

Since the illegal occupation of Cambodia by Vietnam, large
numbers of Vietnamese, possibly as many as several hundred
thousand, have settled in Cambodia. Although some of these
persons are former residents expelled by the Khmer Rouge,
others are first-time settlers.

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VIETNAM

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

All authority and political power is vested in the Vietnamese
Communist Party. Political opposition to this system is not
tolerated. The Political Bureau (Politburo) of the Central
Committee of the Vietnam Communist Party is the supreme
decisionmaking body in the nation. The Politburo's powerful
Secretariat oversees day-to-day implementation of directives.
The party leadership selects candidates for the Central
Committee, while periodic national party congresses merely
ratify the previously selected candidates. Each congress is
made up of delegates from the party apparatus of each province,
who are similarly selected by those at higher levels.

Ostensibly the chief legislative body, the National Assembly in
fact approves without dissent the policies set by the
Politburo. National Assembly elections are held in Vietnam
every 5 years, most recently in 1981. The elections scheduled
for 1986 have been postponed until April 1987. Local elections
are held more frequently. Suffrage is effectively mandatory as
one must vote in order to have ration cards validated. Voters
may only strike out from the single list presented to them the
names of candidates for whom they do not wish to vote .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Vietnam is not a member of any international human rights
organization, nor is it active in promoting human rights in
other countries.

Foreign delegations and journalists who have been allowed to
visit reeducation camps have been shown only model camps.
Former prisoners have described extensive preparations to
beautify camps prior to visits, temporary removal of most
prisoners during the visit, and careful briefing of the
remaining prisoners by Communist Party cadre on what to tell
delegation members. The Government does not permit the
existence of private human rights groups in Vietnam.

Vietnam reacts strongly to criticism of its human rights
policies. In March 1986, an official newspaper, Nhan Dan,
called the State Department's human rights report to the
Congress "a brazen slander and a manifestation of the hostile
attitude of the U.S. toward the Vietnamese people."

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Gradual assimilation and co-option appear to be the
Government's long-run strategy for most minorities. The
Government has created special schools in the Hanoi area to
train minority cadres to be the "eyes and ears" of the party
among their own people. Highland minorities in central Vietnam
are subject to repression if suspected of ties with resistance
groups. Officially programed resettlement of ethnic Vietnamese
into the highlands is designed to increase government control
over minority groups once dedicated to hunting, gathering, and
slash-and-burn agriculture. As new inhabitants change ancient
land use and ownership patterns, the tribes are being forced
into settled agriculture. Minorities in the south, such as the
Chinese, Indian, and Khmer, have been encouraged to leave the
country.

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VIETNAM

Although southerners have been appointed to some ministerial
and National Assembly positions, the leadership's distrust of
them is a significant factor in the assignment of political
responsibilities. Non-Communist southerners who were involved
in the National Liberation Front before 1975 have been
systematically deprived of political power. Even Communist
southerners were rarely raised to senior positions before the
Sixth Congress.

Ethnic Chinese are severely discriminated against through
denial of officially sanctioned employment and educational
opportunities. Former military officers of the Republic of
Vietnam are systematically denied employment; the children of
former military and civilian officials are denied university
education by a review of family backgrounds which culls out
"undesirable elements." Persons released from reeducation
camps are formally denied civil rights for an indefinite period
and are subject to severe restrictions in employment and travel.

Primary education is claimed by the authorities to be universal
(97 percent in 1980), but some children, such as the Amerasians
(the children of Americans who served in Vietnam), are not
allowed to attend school. Education above the elementary
level, particularly at higher levels, is often restricted to
those with approved political backgrounds. The party committee
in each school reportedly has the final determination as to who
will graduate. Similarly, study abroad is restricted to
politically acceptable persons.

Despite the promises of the Communist Party to emancipate
women, and the important administrative and productive roles of
Vietnamese women in the war against the United States, women in
Vietnam today do not have the positions in the leadership of
the country which their numbers would warrant. There are no
women in the Vietnamese Politburo and only a handful in the
149-member Central Committee. A total of 108 (22 percent) of
the current National Assembly members are women. Despite
having proved themselves in administration during the war,
Vietnamese women have retreated from management positions they
held at that time.

CONDITIONS OF LABOR

No current information is available on minimum age laws,
occupational safety laws, or other legislation concerning
conditions of labor. Wages and hours of work are regulated by
the Government. Wages for most workers are generally at or
under basic subsistence levels.

At least 55,000 Vietnamese workers have work under contract in
various occupations in the U.S.S.R. and in Eastern European
coiintries. A significant portion of their wages is deducted to
help pay for Vietnam's debt to those countries. It appears
that most of these workers enter this work program in order to
escape the poverty and unemployment of present day Vietnam.

846

WESTERN SAMOA

Western Samoa, a small Pacific island country with a
population of around 165,000, is located approximately 1,600
miles northeast of New Zealand. It received independence from
that country in 1962 and still looks to it as a model for its
democratic practices and educational system. On receiving
independence, it adopted a Constitution proclaiming the nation
to be an independent and sovereign state based on "Christian
principles, and Samoan customs and tradition." The
Constitution established a parliamentary democracy on the
Westminster model but with certain concessions to Samoan
cultural practices. It provides for a Samoan head of state, a
unicameral legislature, an independent judiciary, protection
of Samoan land and traditional Samoan titles, and guarantees
of fundamental rights and freedoms. Executive authority is
vested in a head of state, with government administered by a
cabinet consisting of a prime minister and eight ministers
chosen by the prime minister. All legislation passed by the
legislative assembly needs the approval of the head of state
before it becomes law. The present Head of State, Maliefoa
Tanumafill II, holds the position for life. His successors
will be elected by the Legislative Assembly for 5-year terms.

The culture of Western Samoa is essentially Polynesian but
uniquely Samoan. A proud people, Samoans believe that all
Polynesian people trace their origins to Samoa. Traditional
authority is vested in the matai (village chief or selected
leader of an extended family). Each extended family, or aiga,
has at least one matai, who is appointed by consensus of the
aiga. Ownership of land is legally vested in the matai. It
is the matai 's responsibility to direct the economic, social,
and political affairs of the aiga. There are 362 villages in
Western Scimoa with a total of over 12,000 matai. Each village
is governed by a fono or council of matai, which can fine or
otherwise punish offenses against village rules.

There were no significant human rights problems in 1986.

The economy is primarily agricultural and beset by many of the
problems of a developing country. It is particularly
susceptible to shifts in world prices for its export
commodities such as coconut oil. In an attempt to improve its
current accounts deficit, the Government has implemented
austerity measures. In 1984 per capita income was $616.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person Including
Freedom from:

a. Political Killing

Killing for political motives, whether by the Government or
opposition political organizations, does not occur.

b. Disappearance

There were no secret arrests, clandestine detentions, or
abductions .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel, inhuman or degrading treatment or
punishment are prohibited by law, and there have been no

847

WESTERN SAMOA
reports of such practices.

d. Arbitrary Arrest, Detention, or Exile

There are no political prisoners. The Constitution guarantees
freedom from forced labor. There are full and effective legal
safeguards of internationally recognized rights in this area.

e. Denial of Fair Public Trial

Western Samoan law guarantees the right to a fair public
trial, and this right is honored. All charges are stated
formally and clearly. Defendants are entitled to counsel.
There are no special courts to deal with political or security
offenses, and the judiciary is independent of government
interference or influence. Decisions of village matai about
customary law are not subject to judicial review, but
arbitrary or excessive punishments would be difficult to
enforce.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government respects the privacy of the people and does not
permit arbitrary interference with the family, home, or
correspondence. Both law and local custom provide for
protection from invasion of the home or seizure of property
without substantive and procedural safeguards, including
search warrants .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are fundamental parts of the
Constitution. They are respected in law and practice. The
press is independent of the Government .

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees the right of peaceful assembly and
the right to form associations and unions. There are no
significant restrictions. While trade unions have not emerged
in the private sector, the public service has an employee
association which engages in collective bargaining. The
Government has permitted efforts to develop unions within the
country, and the courts have upheld the rights to strike and
to enter into collective bargaining.

c. Freedom of Religion

Freedom of religion is guaranteed in the Constitution, along
with freedom of thought and conscience. Each person is
guaranteed the right to change religions or belief and to
worship or teach religion alone or with others. There is no
government-favored religion. Nearly 100 percent of the
population is Christian.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees the right to travel and move
freely throughout Western Samoa and to change residence.
Samoans are free to travel abroad, and they can emigrate and

848

WESTERN SAMOA

return to Samoa without restriction. There are no refugees
from or in Western Samoa.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Power in Western Samoa is vested in the Prime Minister and the
Legislative Assembly. Under the Constitution, the Assembly is
elected every 3 years. Forty-five of its members are elected
by the approximately 12,000 matai, and the other 2 seats are
filled by universal suffrage of those citizens who are not
Samoan by heritage. Although there is some pressure for
extending suffrage to all citizens, the concept is seen by
many as conflicting with "Fa'a Samoa" (the Samoan way). The
existing system is viewed as being democratic, in that the
"matai" traditionally consult with their extended families
before making decisions such as choosing among candidates for
the Assembly. The matai system is conservative but does allow
for change. While Samoans must show respect and obedience to
their "matai" in family and communal affairs, the matai have
well-defined responsibilities which, if not met, can result in
removal .

Western Samoa has only the rudiments of political parties.
The most prominent political organization, the Human Rights
Protection Party (HRPP) was founded in 1982. Its founder,
Va'ai Kolone is currently Prime Minister. Although a second
party was formed shortly before the elections of February
1985, the political process in Western Samoa remains very much
a function of personality rather than party. In recent
experience, elections have occurred more frequently than the
prescribed 3-year cycle, primarily as a result of
no-confidence votes.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No requests for human rights investigations were made to the
Western Samoan Government in 1986, nor have human rights
organizations found cause for comment or special reporting on
Western Samoa. There are no internal official or
nongovernmental human rights organizations in Western Samoa.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Samoan politics and culture are the product of a heritage of
chiefly privilege and power, and persons of good family have
certain advantages. Women traditionally occupy a subordinate
role, although exceptions, including women matai and members
of Parliament, are common. The functioning of the matai
system, including the democratic consensus method of selecting
the matai themselves, tends to work against discrimination.

The Samoan Constitution makes special provision to preserve
the political rights of non-Samoans . Persons of mixed
ancestry who are culturally Samoan are accepted and can attain
positions of considerable wealth and influence.

CONDITIONS OF LABOR

The Labor and Employment Act of 1972 and regulations of 1973
establish for the private sector a 40-hour workweek and a

849

WESTERN SAMOA

minimum wage of $0.25 an hour. It is illegal to employ
children under 15 years of age except in "safe and light
work." The law also establishes certain rudimentary safety
and health provisions, such as a requirement for fencing
around dangerous machine parts. Independent observers say,
however, that the safety laws are not enforced except when
accidents highlight noncompliance, and that many agricultural
workers, among others, are inadequately protected from
pesticides and other health hazards. Part of the problem is
low safety consciousness, which government education programs
are addressing. The law does not apply to service rendered to
the matai, some of whom require children to work at what might
be considered child labor. Government employees are covered
under different, more stringent regulations, which are
adequately enforced.

850

U.S. OVERSEAS

•LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

CO'JNTRY: WESTERN SA^OA

198/f

1985

1986

I.;

CON
L

. ASSIST. -TOTAL..

OANS

RANTS

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

H.RE

VOL.

C.OTH

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER £

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

S ,

OTAL

N $-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV I WFP,
EF AGENCY.. .. ,
CON. ASSIST..,

CE CORPS,
COTICS...
ER

1.1

0.0
1.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

1.1

0.0

1.1
1.1

O.D
0.0

1 .2

0.0
1.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.2
0.0
1.2
1.2
0.0
0.0

1.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
1.0
1.0
0.0
0.0

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.ED.TRN6....
D.TRAN-EXCESS STDCK...
E. OTHER GRANTS

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

III. TOTAL ECON. 5 MIL...

LOANS

GRANTS

1.1

0.0

1.1

1.2
0.0
1.2

1.0
0.0
1.0

OTHER US LOANS....
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
193A 1985 1986

1946-85

TOTAL

0.1

6.6

6.9

61.2

IBRD

0.0

IFC

0.0

IDA

0.0

2.0

2.5

10,9

lOB

0.0

A03

0.0

4.0

4.4

40.9

AFD8

0.0

, 0.0

0.0

UNDP

0.1

0.6

0.0

9.3

OTHER-UN

0.0

0.1

EEC

0.0

851

EUROPE AND NORTH AMERICA

ALBANIA*

Albania is a one-party state ruled by a Marxist-Leninist
dictatorship. The Government proclaims itself a People's
Socialist Republic. Ramiz Alia, who officially replaced
long-time dictator Enver Hoxha as Albania's leader in 1985,
exercises personal leadership through the 140 , 000-member
Communist party known as the Albanian Party of Labor (APL) . A
large, effective security service, the Sigurimi, assists the
party in maintaining repressive controls over the Albanian
people, who have only very limited civil and political rights.

Albania has a centrally controlled command economy under which
the State owns the means of production and the Government
directs all significant economic activity. Within a strategy
of economic self-reliance, the Government emphasizes a policy
of rapid industrialization and development. In recent years,
however, the rate of economic growth has declined.

There is no persuasive evidence that the human rights
situation significantly improved in Albania during 1986.
Private international organizations have corroborated evidence
of significant human rights violations, and the Government has
repeatedly refused to cooperate with any international
organizations which investigate human rights complaints.

Since assuming leadership, Ramiz Alia has pledged continuity
with Hoxha ' s policies, including the need for continued
political "vigilance." Visiting Western journalists and
tourists, however, have reported signs that some restrictions
on everyday life have been relaxed somewhat under Alia.

While the Alia regime has continued to isolate the Albanian
population as much as possible from foreign influences, it has
pursued a policy of cautiously expanding diplomatic, cultural,
and commercial links abroad, especially with neighboring
Balkan and Western European states. Albania is a member of
the United Nations, but it has not signed the Final Act of the
Conference on Security and Cooperation in Europe, nor has it
ratified any international human rights covenants.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No evidence came to light of political killings.

b. Disappearance

Persons who have escaped from Albania report that
disappearances occur, but corroboration is not available.

c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment

The Criminal Code prohibits and provides punishment for the
use of physical or psychological force during investigations.

*The United States has not had diplomatic relations with or
official representation in Albania since 1939. It is
difficult, therefore, to comment authoritatively on conditions
in Albania .

852

ALBANIA

Nevertheless, former political prisoners have often alleged
that they were beaten or otherwise ill-treated during
investigation proceedings to force them to make confessions.
Although some of the worst abuses of the past may have ended,
it appears that Albanian investigators still resort to threats
and beatings to obtain confessions or collaboration. In the
absence of independent means of investigating these charges,
it is difficult to corroborate such reports, but the pattern
of allegations suggests there is at least some truth to them.

Private international humanitarian organizations have reported
extremely harsh prison conditions in Albania, including a
severe hard-labor regime with inadequate food and clothing,
long-term solitary confinement, cramped cells without room to
lie down, and unheated, unfurnished cells lacking any sanitary
facilities. The Burrel prison and Spac and Ballsh labor
camps, in particular, have been noted for their harsh
conditions .

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides that no one may be arrested without
court or prosecutorial approval or be sentenced to jail
without a court verdict or for an act which is not a crime.
The Criminal Code, however, is explicitly ideological and
officially characterized as a "weapon in the class struggle."
Its provisions defining political offenses are loosely
formulated, allowing the courts to interpret them broadly to
punish whomever the regime desires.

The Criminal Code lists 34 crimes, 12 of which are political
offenses, for which the death sentence may be imposed. Among
these are such nonviolent political offenses as: unauthorized
leaving or "flight" from the State, agitation and propaganda
against the State, creation of a counterrevolutionary
organization or participation therein, concealment of a person
who commits a crime against the State, activity against the
revolutionary movement of the working class, and refusal to
carry out a duty or coercing others to refuse.

The Criminal Code also provides that banishment (generally to
a state farm or enterprise) or internment may be
administratively imposed, without trial, for up to 5 years on
persons whom the authorities consider a threat to the
Communist system and on the families of fugitives. Amnesty
International's 1986 Report notes that several members of a
family, regarded by the authorities as politically suspect,
were interned for about 3 months shortly before the death of
Enver Hoxha in 1985. Various members of this same family were
said also to have been interned on earlier occasions.

There are numerous reports that families of escapees from
Albania have been imprisoned or interned as a deterrent to
other potential illegal emigrants. Amnesty International has
reported a number of such cases in recent years, but another
source claimed that close relatives of recent escapees are no
longer interned.

Amnesty International reports that political detainees lack
adequate legal safeguards during pretrial investigations. By
law, investigations into crimes against the State must be
completed within 3 months, but extensions are easily obtained,
and no effective maximum period of investigation is enforced.
Most investigations into political offenses are completed
within 4 months, but Amnesty International charges that some

853

ALBANIA

investigations have dragged on for more than a year.
Political detainees have been held in solitary confinement for
up to 6 months during pretrial investigations without access
to lawyers or relatives. The Criminal Code provides that
accused persons must be informed when investigation of their
cases is concluded and allowed to examine all the evidence to
be brought against them. Usually, however, they are not
allowed to examine all the materials and are shown only a copy
of the indictment. While investigators are theoretically
bound by rules of procedure, and the accused may appeal to
higher authority against investigators who violate proper
procedures, there do not appear to be any effective controls
on the powers of investigators in political cases.

Information on forced labor is not currently available.

e. Denial of Fair Public Trial

The judicial system includes a Supreme Court and regional and
district courts. Like all organs of the Government and state
authority, the judicial system appears to be under the total
control of the APL. There is virtually no chance a court
would render an independent verdict in conflict with the
wishes or policies of the regime.

Amnesty International reports that persons accused of
political crimes lack adegiaate legal safeguards during their
trials. Defendants at political trials have usually been
denied defense counsel and have had to conduct their own
defense. Major political trials of state officials are closed
when it suits the purposes of the regime, but most political
trials of ordinary citizens are held in open court. These
trials last no more than 1 day, and there have been no known
acquittals .

Reports of the number of persons in prison range from 4,000 to
40,000, including 300 members of the pre-World War II elite,
as well as pro-Soviet, pro-Chinese, and other political
prisoners. Many persons are serving sentences for expressing
dissatisfaction with conditions in Albania or for trying to
flee the country. Amnesty International reports it has the
names of almost 400 political prisoners held in Albania during
the 1970 's and 1980 's, but believes this is only a fraction of
the true figure. Former political prisoners report about
2,400 political prisoners were held in the Ballsh and Spac
labor camps during the early 1980 's. Some 300 more were
imprisoned at Burrel, and others were held in Tarovic, Kosove,
and Tirana prisons. Although the Government declared an
amnesty on November 15, 1982, there is no independent
confirmation of the number of persons amnestied, and there are
reports of further political arrests since 1982.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution proclaims the inviolability of the home and
the privacy of correspondence but at the same time provides
that these and other civil rights are subordinate to the
general interest and cannot be exercised in opposition to the
Socialist order. Observers generally believe that the
authorities can and do violate the privacy of the home
whenever and to the extent necessary to achieve their ends.
The Government uses its pervasive informer network to report
on, among other things, the private lives of its citizens.
Children are taught to report their parents' activities in the

854

ALBANIA

home, such as whether they practice religion or speak against
the Government. Contact with the outside world is carefully
monitored. Refugees have reported difficulties they had while
in Albania in receiving mail or telephone calls from relatives
living abroad. Sometimes packages of food, medicine, and
clothing sent to them were returned by the Albanian
authorities .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the Constitution states that citizens enjoy these
freedoms, it provides that they may not be exercized in
opposition to the Socialist order. Consequently, the
Government has imposed rigid restrictions on freedom of speech
and press. Any citizen who publicly criticizes the Government
is subject to swift and severe reprisals under an article of
the Constitution which forbids anti-State agitation and
propaganda. Amnesty International claims in its 1986 Report
to have received information about a number of persons
convicted under this article and serving sentences of up to 20
years for peacefully expressing views critical of economic or
political conditions in Albania.

All news media are government controlled and never criticize
the state and party leaderships or their policies. Art and
literature are deemed to be weapons of revolutionary change
and are subject to rigid state control and censorship. The
authorities also manipulate scholarly inquiry and publications
for political purposes, particularly in such fields as
linguistics, literature, economics, history, geography,
folklore, and ethnology.

Information from abroad is carefully controlled, and persons
having unauthorized contacts with foreigners have been
reprimanded or jailed, although there is some indication that
such restrictions may have been relaxed somewhat lately.

b. Freedom of Peaceful Assembly and Association

The security police deal severely with group activities that
do not have government sanction or that might appear to be in
opposition to the leadership. There are no independent
associations or organizations; all are controlled by the APL.

Nearly all Albanians belong to trade unions that are part of
the United Trade Unions of Albania, an arm of the APL. These
unions have no significant independent voice in labor
relations, although they play a key role in indoctrinating and
propagandizing the workers, in maintaining labor discipline,
and in organizing the periods of so-called "voluntary" manual
labor in which all Albanians are expected to take part.

c. Freedom of Religion

All religious activity in Albania is expressly prohibited by
the Constitution and by government policy. Historically,
about 70 percent of all Albanians were Muslim, nearly 20
percent were Orthodox, and a little more than 10 percent were
Roman Catholic. A recent refugee report estimated that
between 2,000 and 2,500 Jews live in Albania.

In 1967 the Government proclaimed Albania the first atheist
state in the world, abrogated all laws dealing with

855

ALBANIA

church-state relations, and began an active campaign to
eradicate all vestiges of religion. More than 2,100 mosques,
churches, monasteries, and other institutions were closed,
their fixed assets were seized without compensation by the
authorities, and many religious leaders were persecuted,
imprisoned, or even executed for continuing their religious
functions. All religious literature was banned, as were any
personal manifestations of religious belief or practice.
While a few outstanding historic churches and their religious
art are being restored as museums, most churches and mosques
have been converted to other uses.

The regime continues to suppress religious activity by
threatening harsh penalties for believers who practice their
faith and by obliging citizens to inform on believers.
Nevertheless, there have been some signs that the regime is
quietly toning down its antireligious campaign, as Tirana
tries to improve its relations with Italy, Greece, and
Turkey. There has been, however, no official statement that
religious practice is once again allowed. Despite years of
antireligious pressure, there are reports that some Albanians
have continued to practice their faith in their own homes,
particularly in villages and in more remote mountainous
areas. Tourists have also reported seeing Muslim Albanians
faithfully kneeling in prayer along roadsides with apparent
impunity.

In November 1983, the Vatican publicly condemned religious
persecution in Albania and claimed that a number of priests,
members of holy orders, and seminarians had died in prison.
It also reported that two priests had been executed for
baptizing children. The official press denies, however, that
believers have been persecuted and maintains that religious
belief is opposed only by argument.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution does not guarantee freedom of movement.
Movement within the country and travel abroad are controlled
very strictly, and transgressors against the laws are severely
punished. The Criminal Code states that flight from the State
or refusal to return to the fatherland by a person sent abroad
on service or allowed to leave the State, is considered
treason and punishable by imprisonment for not less than 10
years or by death. Amnesty International stated in its 1986
Report that it learned of 2 men serving sentences of 20 years
in Burrel prison and Spac labor camp for having attempted to
leave Albania illegally. Despite this, Albanians continue to
risk their lives to cross heavily guarded borders into Greece
and Yugoslavia. Albanians reportedly are allowed to leave the
country legally only on official business or, very rarely, for
family reasons.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

No such right exists in theory or in practice. The Government
is a totalitarian dictatorship, headed by Ramiz Alia in his
capacity as First Secretary of the APL and Chairman of the
Presidium of the People's Assembly. The Constitution
establishes the APL as the sole political entity and
Marxism-Leninism as the only political ideology. The APL is
governed internally by the principle of "democratic
centralism," under which decisionmaking power is concentrated

66-986 0-87-28

856

ALBANIA

in the hands of a small elite. Any attempt by individual
citizens, or even party members, to criticize policy or change
the form of government or its leaders is dealt with severely.

The Constitution provides that the People's Assembly (an
unicameral parliament) is the supreme organ of national
government in Albania; similar bodies, called people's
councils, exist at the local level. Candidates for these
assemblies are first designated by a mass organization known
as the Democratic Front, which is controlled by the APL, and
then "elected" without opposition by universal suffrage.
After the last qxiadrennial elections, held on April 27, 1986,
the Government announced that 100 percent of eligible voters
had participated, and that the official slate of candidates
had been elected with more that 99.99 percent of the votes.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government denies violating human rights and refuses to
cooperate with any investigation of allegations to the
contrary, including confidential investigations by the United
Nations Human Rights Commission.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution grants national minorities "guaranteed
protection and development of their culture and popular
traditions, the use of their mother tongue, and its teaching
in the schools, and equal development in all fields of social
life." Greeks compose the largest ethnic minority, but
smaller numbers of Serbs, Bulgarians, Vlachs, Gypsies, and
Jews also live in Albania. While there are differences of
opinion over the extent to which minorities may exercise their
cultural, educational, and linguistic rights, they are clearly
restricted. Several reports indicate persecution, harassment,
and discrimination against minorities solely because of their
ethnic origin. There have even been reports of mass removals
of segments of the Greek population out of traditionally Greek
lands in the south to areas further from the Albanian-Greek
border. Furthermore, insofar as the ban on religious practice
has removed the Greek Orthodox Church from Greek communities
in Albania, an important part of that ethnic group's
commmunity life and links to Greece has been eliminated. The
leadership of both the APL and the Government are
overwhelmingly ethnic Albanian of Moslem background.

The Constitution states that women shall enjoy "equal rights
with men in work, pay, holidays, social security, education,
in all social-political activity, as well as in the family."
Information on the extent to which these rights are exercised
is not available, but there are indications that the regime
has advanced the status of women. Women are said to
participate equally in the obligatory labor and military
service programs. There are several women in party and
government leadership positions.

CONDITIONS OF LABOR

There is no current data available on the minimum age for the
employment of children, minimum wages, maximum hours of work,
or occupational safety and health.

857

AUSTRIA

Austria is a constitutional parlieimentary democracy. A
coalition government (Socialist Party and People's Party) was
formed after the November 1986 national election. The loosely
united Green Party and the right-wing Freedom Party are in
opposition.

Austria has a developed economy, and Austrians enjoy a high
standard of living.

Since World War II, Austria has served as a country of first
asylum for nearly 2 million refugees from Eastern Europe.
During periods of crisis and upheaval in Eastern Europe,
refugee arrivals rise significantly.

During the 1986 presidential election campaign, observers
reported several instances in which participants in campaign
rallies expressed anti-Semitic sentiments directed against
Austria's Jewish commmunity. These anti-Semitic expressions
occurred in connection with Kurt Waldheim's candidacy for
President and accusations concerning his activities during
World War II. The Government of Austria has spoken out
strongly against all such manifestations.

In other regards, the 1986 human rights situation in Austria
was essentially unchanged from the conditions which prevailed
in previous years. To a very high degree, human rights are
respected in Austria, and no charges of human rights
violations on the part of the Government or other public
institutions were made during 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of politically motivated killings either
by government authorities or opposition groups.

b. Disappearance

There were no abductions by authorities.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Pxinishment

Torture is banned by Article II of the European Convention for
the Protection of Human Rights and Fundamental Freedoms, which
is incorporated into the Austrian Constitution. There is no
evidence of any violation of this provision.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary detention or exile. The
law provides for investigative detention for 72 hours, by
which time an investigative judge must decide on the legality
of the detention. Provided the investigative judge agrees,
the accused may be held in detention pending completion of an
investigation for up to a maximum of 2 years. Grounds for
investigative detention are enumerated in the law, as are
conditions for release on bail. A 1983 law reformed the
provisions concerning detention by shortening pretrial
procedures, restricting the number of detentions, except in

858

AUSTRIA

the case of persons who have or are alleged to have committed
serious crimes, and providing better legal protection for
detainees. There are no allegations that these provisions for
investigative detention have been violated.

Detention for minor infractions of administrative law may be
imposed by the administrative authorities but is subject to
court appeal. The Government is considering legislation
requiring increased judicial control of such proceedings. The
proposed legislation provides for the implementation of
Article 5 of the Human Rights Convention according to which
detention may only be imposed by an independent judge. In
1985 a total of 2,388 persons were held for varying periods of
time in investigative detention.

There is no forced labor.

e. Denial of Fair Public Trial

The judiciary is independent from the executive and
legislative branches of government. Trials are public.
Judges are appointed for life and cannot, in principle, be
removed from office. Jury trials are prescribed for major
offenses, and those convicted have the right of appeal.
Written charges must be presented to the accused, who has the
right of representation by a lawyer.

Concerned about the possibility of executive interference in
the judicial system, critics argue that the public
prosecutors' lack of independence from the Ministry of Justice
opens the way for possible governmental meddling. To rectify
this possible defect, the Government has been considering
introducing a law which would require that directives issued
by the ministry to the public prosecutors be made public.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The law provides for the protection of personal data
collected, processed, or transmitted by government agencies,
public institutions, and private entities. Constitutional
provisions also protect the secrecy of the mail and telephone.
The privacy of family life is respected. There is no effort
by the Government to monitor or control family life.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are guaranteed by the Constitution and
respected in practice. Austria has a free, independent, and
multifaceted press, ranging from conservative to communist.

Publications may be removed from circulation if they violate
legal provisions concerning morality or public security. As a
matter of practice, such cases are extremely rare. Opposition
viewpoints are given wide attention in Austrian publications.
Austria's well-established democratic political system, its
active and independent press, and its effective judiciary
combine to assure continued freedom of speech and press.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly and
association. The Austrian State Treaty of 1955, though, makes

859

AUSTRIA

an exception to this principle in the case of Nazi
organizations and activities. The Constitutional Law of 1945
also prohibits Nazi organizations. The law on the formation
of associations stipulates that permission to form an
association may be denied if it is apparent that the
organization will pursue the illegal activities of a
prohibited organization.

Public demonstrations require a permit from the police
authorities. While foreigners may participate in demon-
strations, it must be an Austrian citizen who submits the
permit application. In processing such applications, the
police may consider only the public safety aspect of the
proposed demonstration and not its political purpose. Permits
are routinely issued.

Trade unions have an important voice in the country's
political life due to their role in "social partnership," an
unofficial system by which Austria's economic policies are
determined by labor and management representatives. Labor is
organized in 15 national unions, each of which is a member of
the Austrian Trade Union Federation (ATUF). This organization
has a strong, centralized leadership structure. Individual
unions and the federation are independent of government or
political party control. Unions have the right to organize
workers, to negotiate wage agreements, and to strike, although
strikes in Austria during the postwar period have been rare.
One member of the present Cabinet is president of a national
union and, until the Parliament dissolved October 3, 1986, the
president of the lower house was also president of ATUF.
Nearly 60 percent of the work force is organized in trade
unions. ATUF is a member of the International Confederation
of Free Trade Unions and also provides the worker delegate for
Austria's International Labor Organization delegation.

By law, most employees must be members of the Chambers of
Labor. This organization, which is unique to Austria,
represents workers' interests vis-a-vis the Government whereas
the unions represent the workers vis-a-vis the employers. The
leadership of the trade unions as well as of the Chambers of
Labor is elected through democratic balloting. There are, in
addition, a large number of trade associations and other
professional groupings in Austria.

c. Freedom of Religion

This right is guaranteed by the Constitution, although the
Treaty of St. Germain, which also is a constitutional
provision, restricts this freedom to the practice of religions
which are compatible with public safety and morality. In
order to qualify as a recognized religious organization under
Austrian law, religious groups register with the Government.

Although 85 percent of the population are Roman Catholic, most
of the world's major religions are represented. Despite its
dominant position in the country, the political influence of
the Catholic Church has steadily diminished since 1945 and is
no longer considered a major political force.

Although overt and explicit expressions of anti-Semitism are
not part of public discourse here, several recent surveys
indicate that such sentiments are latent among some Austrians.
These came to the surface when accusations concerning the
wartime activities of Kurt Waldheim (elected President in June
1986) elicited a disturbing anti-Semitic reaction on the part

860

AUSTRIA

of individual Austrian citizens. The Government has condemned
this phenomenon in very strong terms and has recommitted the
country to combating all its manifestations.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions concerning freedom of movement
within the country or the right to change residence or
workplace. Austrian residents are free to travel or to
emigrate. Citizens who have left the country have the right
to return. No area of the country is closed to travel.

Austria serves as a country of first asylum for refugees from
Eastern Europe and as a transit point for Soviet Jewish
emigrants on their way to Israel or other third countries.
Once in Austria, refugees are not forcibly returned to their
country of origin. During 1985 Eastern European refugee
arrivals totaled 6,050. Arrivals in 1986 numbered 8,179, a 35
percent increase over 1985. Austria budgeted about $22
million in 1986 for refugee reception, care, and maintenance.

The Government has drastically limited the issuance of work
permits to non-Austrians in an effort to reduce domestic
unemployment. Austria's guest worker population, which
averaged 226,400 in 1973, stood at 142,286 in 1985.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Austria is governed through a democratic parliamentary
system. Under the Constitution, elections must be held at
least every 4 years. Elections are free and regularly draw
high levels of participation. The 1986 national elections
resulted in a change of government in Austria. No party won
an absolute majority. The Socialist Party, which won 80
seats, went into coalition with the People's Party, which won
77 seats. Several small parties also contested the elections,
including the Communist Party, which did not receive
sufficient support to elect candidates to the Parliament. The
right-wing Freedom Party won 18 seats, and the Greens won 8.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No charges of human rights violations were brought by
international or nongovernmental organizations during 1985 and
1986. Austria recognizes the competence of the European Human
Rights Commission in Strasbourg for implementing the European
Convention. Austria concerns itself extensively with
international human rights matters. Representatives of
oppressed groups frequently visit Austria and meet with
government officials and political leaders to explain their
views. Because of Austria's geographic position, such
meetings frequently focus on the human rights situation in
Eastern Europe. Austria hosted a Council of Europe conference
on human rights in March 1985.

Amnesty International is the major nongovernmental human
rights organization active in Austria. Austrians also provide
financial support for the Bruno Kreisky Foundation, which was
formed in 1976 to honor distinguished human rights activists.

861

AUSTRIA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Austria has an extensive public welfare system, the benefits
of which are available to all citizens on a nondiscriminatory
basis.

Legal restrictions on women's rights have long been
abolished. Women are entering the work force in increasing
numbers and have made substantial progress toward economic
equality in the postwar era. Nevertheless, significant
inequality in practice still exists in political, economic,
and social fields despite legislation enacted in 1977 and 1979
to reform family law. In 1985 approximately 41 percent of the
work force was composed of women. Men, however, earned 4 9
percent more than women overall. Among men and women with
equal training and education, men earned one-third more than
women. Women participate fully in the electoral process and
constitute 53 percent of the Austrian electorate. Since 1983
a State Secretary, a woman in the Chancellor's office, has
been responsible for women's issues within the Government.
The new coalition Government has two women ministers
(Education and Family, Sports and Environment).

The human rights of Austrian minorities are respected, but the
Slovenian minority in the province of Carinthia is concerned
about the future of instruction in the Slovene language in
local elementary schools. The Slovenes fear that changes in
the province's bilingual education system, which some
German-speaking groups advocate, would effectively eliminate
Slovene from most provincial elementary schools. Negotiations
are currently under way on a proposal which would allow
parents to determine whether their children should receive
instruction in German or Slovenian.

CONDITIONS OF LABOR

There is no minimum wage in Austria, but anyone whose income
falls below the official poverty line of about $3,960 per year
is eligible to receive social welfare benefits.

Since 1975 the legal Austrian workweek has been established at
40 hours, although workers in several key branches have
attained reductions below this level recently. The minimum
working age in Austria is 15. The Labor Codification Law and
the Labor Protection Law are among the more important legal
instruments for ensuring workers' rights and decent working
conditions. A labor inspectorate attached to the Justice
Ministry conducts routine inspections of health and safety
conditions at the workplace.

862

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAM AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: AUSTRIA

1984

1985

1986

I.ECON. ASSIST. -TOTAL...

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.) .. .

3. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TDTAL

?EPAY. I^ S-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

= . RELIEF. EC. OEV 5 WFP.

VDL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.EO.TRNG. .. .
O.TRAN-cXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. S, MIL...

LOANS

GRANTS

0.0

0.0 .

0.0

a.o

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

■ 0.0

0.0

0.1

0.0

0.1

OTHER US LOANS. ...
EX-IM BANi^ LOANS,
ALL OTHER

0.0
0.0
0.0

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM I N T ERN ATIOM AL AGENCIES
1934 1985 1986

1946-86

TOTAL

0.0

105.5

IBRD

0.0

O.D

0.0

104.9

IFC

0.0

IDA

0.0

103

0.0

A03

0.0

AFDB

0.0

. 0.0

0.0

UNDP

0.0

0.3

OTHER-UN

0.0

O.D

0.0

0.3

ee:

0.0

O.D

0.0

863

BELGIUM

Belgiuin is a parliamentary democracy under a constitutional
monarch. In practice the Council of Ministers (Cabinet) is
responsible for governmental decisions. The Council, led by
the Prime Minister, holds office as long as it retains the
confidence of the Parliament, which includes 13 political
parties split along linguistic and ideological lines.

Direct popular elections for parliamentary seats (excluding 76
of the 182 Senate seats apportioned by other means) are held
at least every 4 years under a system of universal suffrage,
obligatory voting, and proportional representation. The
Flemish and Francophone Social Christian Parties have been the
major modern-day political force in Belgium, leading or
participating in virtually all of the 30-odd coalition
governments since World War II.

Domestic security in Belgium is primarily the responsibility
of the national paramilitary Gendarmerie, the judicial police,
and a host of municipal police forces. The armed forces play
no role in domestic law enforcement.

A series of terrorist-type attacks in October 1984, led by a
Belgian group, the C.C.C. (Communist Combat Cells), took the
Belgians by surprise, leading them to question their security
and the forces intended to assure it. In 1986, the Minister
of Justice proposed a wide-ranging series of internal police
reforms and policy changes to cope with future terrorist
problems, including a computer databank on terrorism,
government infiltration of terrorist groups, and court-ordered
wiretaps under certain conditions.

Belgium also continues to contend with the social, economic,
and racial pressures apparently linked to the presence of a
large immigrant population.

Belgium has an excellent human rights record, which was not
compromised by the problems with which it has had to deal .
Respect for human rights in Belgium is guaranteed in the
Constitution and laws, and was observed in practice in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Neither the Belgian authorities nor officially sanctioned
groups engage in killings for political motives. No deaths
resulted in 1986 from the actions of politically motivated
terrorist groups. Attacks by the C.C.C. took the lives of two
firemen in May 1985 as a result of a car-bomb explosion,
although the C.C.C. claimed the deaths were accidental. The
arrest of the group's suspected leaders in early 1986 may have
ended this period of terrorism. However, in the last half of
1986 there were three bomb attacks: an unclaimed bombing in
Antwerp outside the Flemish Socialist Labor Federation office
in August, another unclaimed bombing outside Brussels' Masonic
Lodge in September (which caused minor injuries to passersby) ,
and a bombing outside Antwerp's principal synagogue in
November. The latter attack was claimed by two groups: one
called "Adolf Eche Holstein Mein Kampf" in Brussels and the
other called the "Call of Christ" in Lebanon.

864

BELGIUM

b. Disappearance

Abductions, secret arrests, or clandestine detentions by
government or other officially condoned elements are
proscribed by Belgian law and did not occur.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Penal Code prohibits deliberate mistreatment or injury of
another and is applicable to the actions of both officials and
private individuals. In September 1986, Belgium's Public
Prosecutor indicted several members of Brussels' judicial
police for the torture of a Zairean bookstore attendant during
his arrest and detention in 1982. Previous cases of this sort
have led to disciplinary action against the police, usually
accompanied by forced resignations. To expose such abuses
more quickly, the Prosecutor called on the Government to pass
a law requiring that police who witness misdeeds committed by
other police report the behavior to higher authorities.

Although crowded and aging prisons are an issue in Belgium,
cruel and inhuman punishment is not practiced. There are no
differences in the conditions of confinement based on race,
sex, religion, or social class, although prison officials
try to accommodate special religious or medical diets.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest and imprisonment is guaranteed
by law. Arrested persons must be brought before a judge
within 24 hours or released. Belgian law provides for pretrial
confinement only under the following special circumstances:
when a person is apprehended in the commission of a criminal
act; when there is a risk that the suspect will prove a danger
to the community; when there is a risk that the accused will
flee the jurisdiction; and when the case involves one of a
number of serious offenses specified by law. The justification
for such confinement is subject to monthly review by a panel
of judges.

In practice, there is growing concern among local human rights
groups and parliamentarians that pretrial detention is
sometimes abused. Bail exists in principle under Belgian law,
but is rarely granted in practice. There is no limit on how
long an accused may be held prior to coming to trial. The
president of the Belgian League for the Defense of Human
Rights has expressed his concern that extended pretrial
detention occurs more and more frequently in cases involving
immigrants .

Exile of Belgian citizens is not permitted by law. Forced
labor for political, ideological, discriminatory, or
educational ends is unknown in practice.

e. Denial of Fair Public Trial

A fair public trial, including the right to counsel, is
guaranteed by law and honored in practice. A suspect is
charged, if the evidence warrants, when the preliminary
judicial investigatory phase is completed. Charges are
clearly and formally stated. No one is imprisoned because of
political beliefs.

865

BELGIUM

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Freedom from arbitrary interference with privacy by the State
is guaranteed by law and respected in practice. The
Constitution specifically guarantees the inviolability of the
home except in cases laid down and regulated by law. The law
forbids searches of private homes at night, except in special
circumstances. Warrants issued by a judge are required unless
the inhabitants of the domicile agree to the search. The
Penal Code provides penalties for all violations of the home
by officials as well as by private persons.

Monitoring of telephones and interference with mail are also
strictly prohibited. The Minister of Justice has said,
however, that he plans to seek legislation to allow the use of
court-approved wiretaps by law enforcement agencies under
certain limited circumstances, e.g., terrorist cases.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are guaranteed by law and respected in
practice. Varying political, religious, philosophical, and
artistic views are permitted free public expression, and there
is no political censorship of the media. There are, however,
prohibitions on publications and productions held to undermine
"public order" (e.g., explicit pornography and incitement to
violence). There are laws against libel, provisions for a
citizen's right of reply to media criticism, and restrictions
on criticism of government policies by civil servants.

Belgium has state-owned radio and television networks, but
there is no direct government control of program content.
Their programs are supervised by boards of directors which
represent the main currents of opinion. The Government has a
representative on the boards but no veto power.

Private radio stations operate with government licenses, since
a late 1985 decision by the Ministry of Communications which
legalized them for the first time. Belgium has yet to pass
legislation permitting the existence of television stations
not owned by the State. Most urban homes have access to
foreign television from neighboring countries via cable.

b. Freedom of Peaceful Assembly and Association

Political, civic, religious, artistic, social, and special
interest groups are permitted free public assembly, subject to
regulations of public order. Labor unions and groups
protesting government policies or actions are free from
harassment and persecution, although permits are required for
open-air assemblies.

The right to organize, strike, and bargain collectively is
recognized and exercised freely in Belgium, although
government austerity measures sometimes limit or alter the
results of collective bargaining. The degree of union
organization is one of the highest in the world, approximately
70 percent of the workforce. Labor unions are strong and
independent of the Government, but have important informal
links with and influence on many of the major political
parties. The unions do not allow their leaders to hold
political office.

866

BELGIUM

c. Freedom of Religion

Belgium has a long tradition of religious tolerance. The
Christian, Jewish, and Muslim religions are accorded a
"recognized" status in law, which includes a government
subsidy. Other "nonrecognized" religions enjoy full freedom
to practice and are not subject to harassment or persecution.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Belgian citizens enjoy freedom of travel within the country
and internationally, including the right of voluntary
repatriation.

In May 1985, a law took effect that gives municipalities in
the greater Brussels region the right to refuse to register
new foreigners — defined as citizens of non-European Community
countries — as residents. Such registration is required of all
persons residing in Belgium, with some exceptions. To date,
seven municipalities have taken advantage of the new law,
which in effect serves to limit somewhat the freedom of
foreigners to decide where they reside in Belgium.

Belgium continues to have a generous policy on political
refugees. Anyone arriving in Belgium can claim political
asylum and will be allowed to stay in Belgium long enough to
pursue that claim. Belgium continues automatically to grant
the right of political asylum to those foreign nationals
recommended by the local office of the United Nations High
Commissioner for Refugees (UNHCR) . However, mounting public
concern about the growing number of immigrants has led the
Government to introduce legislation that would restrict the
availability of asylum and place responsibility for refugee
recommendations on a Belgian agency rather than the UNHCR.
The local head of the UNHCR has stated that the current
arrangement leaves candidates who have been refused refugee
status by the UNHCR without an independent outlet for appeal.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Participation in the political system is open to all citizens.
Suffrage is universal for all adults (18 and over), secret,
and compulsory. Unweighted voting (one person/one vote) has
been in effect since 1919 for men and since 1949 for women.
There are 13 parties currently represented in the Belgian
Parliament. Opposition parties are free, under law and in
practice, to operate without constraints or repression.

The existence of Dutch- and French-speaking regions poses
significant problems for the State. All major institutions,
including political parties, are divided along linguistic
lines. There are special provisions for Dutch-, French-, and
German-speaking councils at the regional level. Regional and
linguistic needs are taken into account in national decisions.

Two French-speaking Belgians, elected in 1981 to represent
francophone suburbs of Brussels located within the political
boundaries of the Flemish regional council, complained to the
European Court of Human Rights that they had been deprived of
their right to free elections by a Belgian law which allows
only Dutch-speaking Belgians to be elected to the Flemish
council. The Court's decision is expected in early 1987.

867

BELGIUM

In October 1986, the national Government entered a period of
instability due to the controversy created by a similar case.
The Council of State found that the French-speaking mayor of a
French-speaking majority town located within Dutch-speaking
Flanders could not be mayor because of his inability to speak
Dutch, as required by law for mayors in Flanders.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has been active in the United Nations and other
international forums in promoting human rights, and became a
member of the U.N. Human Rights Commission in 1986. It has
also promoted independent investigation of alleged human
rights violations. In 1986, no requests were made for outside
investigation of the human rights situation in Belgium. There
are several active independent human rights groups in Belgium,
and they consider the Government open to discussion of any
human rights question.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Belgium is a culturally active, pluralistic society in which
individual differences in general are respected and linguistic
rights in particular are protected. Some 57 percent of
Belgians are native Dutch speakers living primarily in the
northern provinces that constitute Flanders. The 42 percent
of French speakers tend to live in the capital, Brussels, and
the southern provinces called Wallonia. The small minority of
German speakers live along the eastern border. These language
differences have been the subject of hundreds of laws over the
last century, leading to a fairly rigid structure designed to
protect each language group from cultural, economic, or
political dominance by the others.

Food, shelter, health care, and education are available to all
inhabitants regardless of race, sex, religion, language,
social status, or ethnic background. Some 25 percent of the
residents of Brussels, the nation's largest city, are
foreigners, leading to a concentration of immigrants,
primarily North Africans. The immigrant population tends to
be poorer, less skilled, and less educated than the average,
and is increasingly the focus of public debate.

Belgium is active in the area of women's rights. The
Consultative Commission for the Condition of Women, attached
to the Ministry of Foreign Affairs, advises the Government on
international women's issues. Within the country there are
several other commissions on women's rights that deal with
oversight of women's education and working conditions. There
are numerous women members of the Senate and Chamber of
Representatives, and there are three women in Cabinet posts.

CONDITIONS OF LABOR

Belgium continued to suffer in 1986 from slow economic growth
and high unemployment, currently between 12 and 13 percent.
Governmental policies to promote employment and an extensive
system of unemployment compensation and other social benefits
have served to minimize serious individual financial hardship.

Belgian working hours, mandated by law and collective
agreement, are the shortest in Europe, averaging about 37

868

BELGIUM

hours a week. There are generous provisions for minimum wage
(currently almost $600 a month for full-time work for those
over 21 years of age, with a slightly lower youth minimum
wage), vacations, and unemployment benefits. Adequate health
and safety legislation exists, supplemented by collective
bargaining agreements, and health and safety committees are
mandated by law at enterprises with more than 50 employees.
The minimum age for employment of children is 16; children can
work and study part-time from age 16 to 18.

869

BULGARIA

Bulgaria is a Marxist-Leninist state ruled by the Bulgarian
Communist Party. The Communist leadership holds a monopoly of
power and seeks to control and direct all political, economic,
social, and cultural activities. A second party, the
Bulgarian National Agrarian Union, is represented in the
Government and National Assembly but is totally subservient to
the Communist Party. No other political parties are
tolerated. An omnipresent network of state security police
and militia (uniformed national police) deters or suppresses
open expressions of opposition to the regime or its policies.

All production facilities, except for small private
agricultural plots, are owned by the State. The Government
controls the trade union movement and uses it as a vehicle for
mobilizing the work force to achieve the regime's goals.

The Constitution specifies a number of civil, political, and
social rights, but in practice these rights are circumscribed
and cannot be exercised in any way that the Communist Party
deems unacceptable. Travel out of Bulgaria is contingent on
government approval and is closely controlled, as is the
individual's ability to change residence from one city to
another in Bulgaria.

Most limitations on and denials of civil and political rights
apply to all Bulgarians, but the country's Turkish
minority — about one-tenth of the population — is subject to
additional restrictions on its cultural identity, including
bans on the use of the Turkish language, traditional forms of
dress, and some Islamic religious practices. The forced
change of Turkish to Bulgarian names carried out in 1984-85
appears to have been completed. Active resistance to
government policies appears to have ceased, and reports of
regime violence to enforce the name change campaign have
stopped.

Overall, the human rights situation changed little in Bulgaria
during 1986. Reports of violence associated with enforcement
of government controls decreased, but that diminution
reflected reduced resistance from the Turkish minority rather
than improved government observance of human rights.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known reports of politically motivated killings
in Bulgaria during 1986. Amnesty International, however,
reported in April 1986 evidence that Bulgarian security forces
may have killed over 100 Bulgarian citizens of Turkish origin
during the 1984-85 name change campaign.

b. Disappearance

There were no reported cases of disappearance at the hands of
Bulgarian security forces.

870

BULGARIA

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Pvinishment

According to credible reports by human rights advocates and
their families, beatings continued to be a feature of
imprisonment in Bulgaria. Many persons apprehended while
attempting to leave Bulgaria without authorization have
reportedly suffered severe abuse at the hands of border
guards. Political prisoners, including intellectuals, are
held together with common criminals and subjected to brutal
treatment by these elements as well as by their guards. These
practices are confirmed by veteran inmates from various
prisons, including Sofia's Central Prison and forced labor
camps at Devnia, Belene Island, and Debelt. According to a
dissident former graduate student confined at Debelt, the
guards there delegate the task of beating political offenders
to criminal inmates.

Prison conditions reportedly vary. According to one prisoner,
cells at Sofia's Central Prison went unheated during the early
months of 1985, but despite the winter temperatures inmates
were not issued any additional clothing. On the other hand, a
penal veteran referred to Stara Zagora Prison as a relative
"paradise" where a correct regime is followed despite Spartan
conditions. At the Razvigor Street jail in Sofia, prisoners
are held two to a cell during pretrial investigations. The
cells measure one and a half by two paces and are furnished
only with a plank bed or pallet. Each cell is illuminated
around the clock by a single naked bulb. The diet is poor.
There are no exercise or recreation areas, although detainees
may remain at Razvigor for several months. While Razvigor
inmates endure lengthy interrogation sessions, there are no
known complaints of beating in this jail.

Sources claim that conditions are also harsh at camps,
including the notorious Belene Island facility, for Bulgarians
detained in the campaign against ethnic Turkish Bulgarians.

Bulgaria ratified in October, with significant reservations,

the Convention Against Torture and Other Forms of Cruel,

Inhuman, or Degrading Treatment or Punishment, signed in June
1986.

d. Arbitrary Arrest, Detention, or Exile

Bulgarian citizens may be detained, tried, and punished for
many actions which elsewhere are considered political, but not
criminal, in nature. Police interrogation, detention, or even
arrest may result from unauthorized demonstrations, public
expressions critical of the Government, or the mere act of
entering a Western embassy, although such activities are not,
strictly speaking, illegal under Bulgarian law.

Although the principle of a judicial determination of the
legality of a person's detention exists in Bulgarian law, it
does not provide effective relief against state action. The
Bulgarian judiciary is not independent of executive power, nor
is it able to provide any effective check on executive
actions. Thus, although preliminary detention is limited
theoretically to 10 days, and then only when the evidence
appears sufficient to justify an indictment, several cases are
known of persons subjected to longer detention without charges
being filed. Following arraignment, Bulgarian law permits
detention up to 6 months before indictment. Under the

871

BULGARIA

Criminal Code, the accused must be informed of the charges
against him, but sometimes this requirement is not observed.

Persons may also be subject to a system of administrative
control short of imprisonment, by which they are detained at
their place of residence and must appear frequently at the
local police station. Another form of punishment and control
is forced change of domicile or internal exile. A person's
right to remain in his place of residence may be revoked, and
he may be required to move far from family and familiar
surroundings. Such banished people are often sent to remote
villages to perform agricultural labor. Their identity cards
are stamped to note restriction to a particular locality.
Should exiles or persons under such administrative controls
leave despite these prohibitions, they face possible
imprisonment .

There were credible reports in 1986 that Bulgarians of Turkish
ancestry, who had been incarcerated on Belene Island or in
other Bulgarian prisons for their resistance to the 1984-85
name change campaign or for other "troublemaking, " were being
resettled after release from prison to areas of Bulgaria with
small numbers of ethnic Turks. Although some ethnic Turks
appear to be working involuntarily outside their home regions,
there is insufficient evidence to establish the existence of a
broad assimilationist resettlement policy.

It is not possible to estimate reliably the number of
arbitrary arrests, other forms of detention, or summary exile
in 1986. The exact number of detainees from the Turkish name
change campaign of 1984-85 who may still be incarcerated or in
internal exile is unknown. However, credible reports,
including those documented by Amnesty International and
Helsinki Watch, indicate that many ethnic Turks arrested
during that campaign may have remained imprisoned in 1986.

Political offenders are required to do hard labor.

e. Denial of Fair Public Trial

Bulgarian law and general practice provide for public trial in
criminal cases. Defendants are entitled to legal counsel but
only after preliminary investigations and indictment, a
process that can last many weeks. When defense attorneys are
provided, they often cooperate with the prosecution.

Special court procedures apply in cases involving state
security. Trials in such cases, and in others with political
implications, are not public. The numbers of such trials, or
of political prisoners and detainees, are not known, but a
reasonable estimate would be a figure of several thousand
political prisoners or detainees, taking into account those
captured while trying to escape across the country's borders
and ethnic Turks detained during and since the name change
campaign.

The Bulgarian judicial system generally seeks to maintain a
semblance of observing legal norms, but the courts sometimes
apply statutes retroactively or extend them to cases of
dubious applicability. The penal laws are codified,
published, and readily available for reference, but numerous
procedural and administrative regulations are not. Such
regulations are frequently invoked in judicial proceedings,
and the defendant has little opportunity to question the
validity or applicability of the regulation in question.

872

BULGARIA

Despite such irregularities, Bulgarian dissidents have stated
that they welcome even trials closed to the public as forums
for defending themselves and voicing criticism of the
Government. Some defense lawyers enjoy reputations for
courage and honesty, despite pressures from the security
apparatus .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government and Communist Party interfere in the private
lives of citizens in many ways. The party and the security
apparatus direct an elaborate system of informers, which is
present in virtually all workplaces, residential areas, and
social organizations, to monitor the daily lives of Bulgarians
for signs of dissidence or other unacceptable behavior.
Citizens assume that security personnel may monitor their
telephone conversations and read their mail.

Sanctity of the home is nominally safeguarded by law, and
police may not legally search property without prior
permission from a court or prosecutor. However, searches may
be undertaken in urgent situations before judicial permission
is given. The authorities are required to issue an itemized
receipt for property confiscated during a search. In one
case, a defendant facing trial refused to sign this document,
charging that it contained falsehoods. In court, the
defendant reported that his signature was forged on the
document, but a judge admitted it as evidence over the defense
lawyer's protest.

The Government regiments the private lives of citizens.
Virtually all citizens are members of "mass" organizations.
Children and young adults belong to the Pioneers and Komsomol,
respectively, while their elders belong to the Fatherland
Front and, in the case of the elite, the Bulgarian Communist
Party. There are strong pressures on all citizens to become
nominal members of and pay dues to the mass organizations.
Those who refuse — an extremely small percentage of the
population — are likely to come under official scrutiny and to
be denied advancement at work and other benefits.

Government policies toward the Turkish minority, which it
describes as "Bulgarians who were forcibly Islamized under
Ottoman rule," demonstrate forceful interference into areas
traditionally regarded as private. Despite official denials,
numerous reports, including private statements by people
living in predominantly ethnic Turkish areas, indicate that
the public use of the Turkish language is banned. The wearing
of traditional Turkish clothing is also forbidden. The ethnic
Turkish and Muslim population continues to be required to use
Bulgarian — usually Christian — names forced on it in the
1984-85 name change campaign. Education in the Turkish
language has long been banned.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for certain basic rights, including
freedom of speech and press. In practice, however, these
freedoms may not be exercised in any way that might weaken the
Bulgarian Communist Party's monopoly of power. The regime
totally controls Bulgaria's press, radio, and television, and
rarely permits dissemination of alternative views. Laws

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BULGARIA

provide severe punishment for anyone convicted of criticizing
the State or spreading "untruthful remarks which might
increase distrust of state power or cause confusion in
society." Unauthorized disclosure of information, such as
unpublished economic statistics, is illegal and subject to
serious penalties.

Although censorship officially does not exist, the media as
well as writers, artists, and those in academic life operate
within well-understood party and government guidelines and
practices. International news coverage is usually limited to
that provided by the government news agency or official Soviet
sources, although carefully selected articles from the Western
press are sometimes published in translation. Forbidden
topics in the Bulgarian press include unauthorized criticism
of party and state leaders, of Communist ideology, and of
other Communist countries, particularly the U.S.S.R.

In addition to pervasive party control of the media, virtually
the entire population practices self-censorship. Annual
congresses of the official Writers Union adopt acceptable
themes for authors, and those not following directives are
unlikely to see their works published. Academic journals
cannot challenge regime policies.

Ordinary citizens send criticism, suggestions, and complaints
by letter to newspapers and to National Assembly deputies on a
broad range of topics, such as inadequate services by public
agencies and housing shortages. None of the letters
published, however, exceeds criticism of specific shortcomings
or failures of lower level administrative officials.
Occasionally, an issue of social policy may be opened to
public discussion within prescribed bounds.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of association and
demonstration. In practice, however, the State decides which
social and political organizations may exist. Private
associations are unknown, and the law provides punishment for
anyone "founding an illegal, anti-State organization."
Freedom of assembly is a right granted only to legally
constituted organizations, and only for approved purposes.
Attendance at public demonstrations is a duty assigned by
schools and enterprises to their members.

Lawyers, doctors, artists, musicians, writers, and academics
are also members of professional associations which have the
party-assigned function of controlling their memberships.
Their contacts with foreign, especially Western counterparts,
are restricted; and foreign travel to attend conferences and
take part in international exchanges is subject to control by
party organizations.

The Bulgarian Communist Party organizes and totally controls
all Bulgarian labor unions. The unions' role is to instill in
their members devotion to the party, promote patriotism and
loyalty to the Soviet Union, and prepare working people for
Communist society. A new labor code, adopted in 1986 and due
to go into force in 1987, appears designed in large part to
increase labor productivity and facilitate implementation of
what the party calls the "scientific-technical revolution."
Union members are not permitted to strike or negotiate for
better pay or working conditions, nor may workers organize
outside the existing unions.

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BULGARIA

Trade unions have not defended workers dismissed from jobs for
"political" transgressions. Such workers are sometimes
blacklisted by security authorities, effectively barring them
from further employment. Trade unions are assigned a role
promoting job safety and the general social welfare of their
members. Bulgaria is a member of the International Labor
Organization, and the unions maintain ties with
Communist-controlled unions and labor confederations abroad.

c. Freedom of Religion

Although the Constitution provides for freedom of worship, the
authorities espouse atheism and discourage religion. Openly
expressed religious conviction is incompatible with party
membership or attainment of responsible government or
industrial positions. Policy directives adopted at the
Thirteenth Bulgarian Communist Party Congress in April 1986
called for increased "ideological work against religious
anachronisms" and promoting broader acceptance of "the
Socialist festive and ritual system." Nonetheless, a number
of faiths are recognized, including various Christian
denominations, Islam, and Judaism. The Ba'hai faith and the
Dunovist sect, an indigenous movement which flourished in
pre-Communist Bulgaria, however, are outlawed. Most forms of
religious instruction are forbidden in practice. Church-state
relations are regulated by the Committee for Questions of the
Bulgarian Orthodox Church and Religious Cults, which is
organized under the Ministry of Foreign Affairs. It reviews
all clerical appointments and in the past has occasionally
imposed clergy on local congregations despite the opposition
of the parishioners.

The Bulgarian Orthodox Church, which was the established
church before the Communists took power, is the largest and,
in the Government's view, most acceptable church, given its
historic role and continuing appeal to ordinary Bulgarians.
The church receives substantial government financial support
and echoes government propaganda on such themes as peace and
disarmament. It is allowed to print a newspaper, distill and
market some alcoholic beverages, and sell some religious
articles, such as candles and small jewelry crosses.

A Bulgarian language Bible, only 2,000 copies of which were
published in 1982 and distributed domestically, is now out of
print, and no Bibles may be imported. A Ministry of Interior
newspaper reported in a September 1986 article on "ideological
subversion" that customs officials had intercepted on various
occasions a total of "50 Bibles in Bulgarian intended to be
distributed here," "2,186 copies of brochures and books with
religious contents," and other religious materials.

Although authorities generally do not interfere with older
worshipers attending services, they try to dissuade young
people from entering churches and periodically circulate among
them demanding to see their identity cards. Attendance at
Easter services at Sofia's Aleksandur Nevsky Cathedral is
restricted to those granted special "invitations," and police
barricades keep all others at least a block from the cathedral.

Ethnic Turks comprise the majority of Bulgaria's Muslims, the
remainder being Gypsies and Slavic Pomaks . Increased measures
to discourage Islamic practices have figured prominently in
the Government's campaign to eradicate the cultural identity
of the Turkish community in Bulgaria. Muslim believers have
been inhibited in the practice of their religion by the

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BULGARIA

closure of many mosques and by prohibitions against religious
education of children. Although Sofia's mosque is being
slowly renovated, many other mosques throughout the country
have fallen into disrepair or have been converted to other
uses. Certain architecturally notable mosc[ues, as in Razgrad
and Shumen, have been preserved as "cultural monuments" but
are closed to actual worship.

Copies of the Koran may not be imported and are not generally
available to Muslims in Bulgaria. Bulgarian citizens were not
permitted to make pilgrimages to Mecca in 1986. Parents who
have Muslim rites of circumcision performed on their children
are heavily fined, and the observance of Muslim holidays is
discouraged. Many Muslim graveyards have been obliterated,
and Muslim burial practices are not permitted.

The Jewish minority numbers about 5,000 people. Historically,
Jews in Bulgaria have not suffered anti-Semitic persecutions
as in many other parts of Europe. They have traveled to
Israel and received visitors from that country, although such
travel is carefully controlled by the Government. Sofia's
Sephardic Synagogue has received some government funds for
refurbishment as an architectural monument, but progress has
been extremely slow, and religious services continue to be
held in a small, overcrowded anteroom. The Synagogue's prayer
books are old, and no replacements are available. No kosher
meat is available, but Jews are permitted to bake and
distribute Passover matzoh without hindrance. Sofia's Jewish
cultural center emphasizes the community's ethnic, not
religious, identity. It publishes a secular newspaper
stressing pro-Communist, anti-Zionist themes.

Roman Catholics are few in number and divided between
followers of the Latin and Uniate rites. A number of small
Protestant churches (e.g.. Evangelical, Baptist, Methodist,
Seventh-Day Adventist) also function. In church sermons,
preachers adhere closely to themes of personal piety and
commonly avoid social and political themes. No religious
groups may engage in open proselytizing, and foreign
missionary activity is banned. Formal religious education of
children is prohibited, although some young people attend
church services with their parents.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government controls where Bulgarians live, work, and
travel. Citizens are required at all times to carry with them
personal identity cards stating their legal place of residence
and work. Without this card, they cannot register at a hotel,
purchase domestic airline tickets, or seek any kind of social
service such as medical assistance. Changing one's place of
residence or work is a complicated process unless it is at the
Government's initiative or convenience. Moves to Sofia and
other major cities from smaller settlements are especially
difficult because of the authorities' desire to control urban
growth. Travel within the country by Bulgarians is generally
unrestricted except in border zones. One special case,
however, is the Kurdzhali district, which has a large ethnic
Turkish population. Checkpoints at the district border permit
only Bulgarian citizens bearing special authorizations to
enter. Foreign travelers often are denied entry to this and
other nominally open areas.

876

BULGARIA

Foreign travel by Bulgarian citizens is restricted, although
less so to Eastern European Communist countries. Bulgarian
citizens must have a passport for foreign travel and an exit
visa specifying the destination for each trip. If they go to
a country not mentioned in the exit permit, they can face
serious complications upon return home. Applications for exit
documents are often refused, because the travel is deemed "not
in the interest of the State" or "not suitable in view of the
present international situation." Frequently no explanation
at all is given for passport or visa refusals. Although more
Bulgarians have been able during 1986 to visit family members
in the West, frequently a spouse or minor children must remain
in Bulgaria during the visit as an inducement for the traveler
to return to Bulgaria.

Emigration is possible under Bulgarian law, but it is rarely
permitted. The Government moved in 1986 to resolve a number
of divided family cases in accordance with the Helsinki Final
Act. Nevertheless, the authorities have recently denied
passports to other applicants seeking either to visit
relatives or emigrate. The Government imposes an education
fee on recent college graduates who seek to emigrate without
first fulfilling a mandatory period of public service; for
medical doctors, this period is 5 years.

The Government encourages repatriation of ethnic Bulgarians
residing abroad, although the right of repatriation is not
guaranteed. A number of Bulgarian-born foreign residents and
citizens voluntarily return to Bulgaria each year to live in
retirement. In September 1986, a retired couple with American
citizenship, who had lived in Bulgaria for 3 years, were
required to leave the country within 3 days when they declined
to surrender their American passports to local authorities.

It is Bulgarian policy to return to their home countries
potential refugees from other Warsaw Pact states who have
tried to cross the Bulgarian border into Greece, Turkey, or
Yugoslavia .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Bulgaria is governed by a small elite controlling the
leadership of the Bulgarian Communist Party. Rank-and-file
members have little opportunity to change the party's
policies, and nonparty members are effectively denied any role
in influencing the policies of the Government. Political
pluralism and free participation in the political process do
not exist.

Bulgaria does not have free elections. The regime tries to
maintain the appearance of pluralism through the participation
of a second political party, the Bulgarian National Agrarian
Union, in the Government and the National Assembly. However,
the Agrarian party does not contest the Communist Party for
seats in the National Assembly, nor has it ever failed to
endorse regime policy. The Communist and Agrarian Parties,
together with labor, youth, and other groups, comprise a mass
organization known as the Fatherland Front, which is wholly
controlled by the Communist Party. At election time, the
Fatherland Front alone presents a unified slate of candidates,
effectively giving voters only one candidate for each office.
Generally, the Agrarians are allotted about one-quarter of the
National Assembly seats, but all votes are unanimous. The

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BULGARIA

National Assembly, which meets normally only in a few brief
sessions per year, has no independent role in governing.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No independent domestic organizations to promote human rights
exist in Bulgaria. In 1986 the National Assembly created a
new legislative commission with the nominal function of
defending social interests and citizens' rights. At its
organizational meeting in October 1986, the new commission's
chairman stated that its guiding principle would be the
complete unity of the interests of society, the work
collective, and the worker.

The Government regards any criticism of its human rights
record as inadmissible and part of an "anti-Bulgarian
campaign." It denounced the April 1986 Amnesty International
report on Bulgaria's Turkish minority in those terms, and
government media derided the entire report's credibility,
claiming that it contained inaccurate information on a few of
the individuals named in the report. The Government also
resisted a visit by a commission appointed by the Organization
of Islamic Countries to investigate the situation of the
ethnic Turkish Muslim minority. It has now reportedly agreed
to a delegation visit, but final agreement over scheduling and
conditions has not yet been reached.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination against the cultural identity of the ethnic
Turkish population has been reported above.

Women are legally guaranteed equal rights with men and do not
appear to suffer overt discrimination as regards educational
and professional opportunities. Women continue to be
underrepresented in policymaking jobs within the party and
Government, however, and over represented in many manual and
lower-paying occupations.

CONDITIONS OF LABOR

A new labor code adopted in 1986 codified and systematized
much existing legislation. It stipulated 16 as the minimum
age for all but certain light work. Persons from 16 to 18
years of age may not be assigned work designated as heavy,
harmful, or dangerous; their workweek is either five 7-hour
days or six 6-hour days. The workweek for adults is 42.5
hours (5 days of 8 1/2 hours) in most professions and
occupations. The minimum wage is the local currency
equivalent of about $120 per month at the official exchange
rate, and the average wage is the local currency equivalent of
about $210 per month. Especially in families with two working
spouses, this provides, at best, a modest standard of living.
Paid vacations range from 14 workdays annually for those who
have worked less than 10 years to 18 workdays annually for
those who have worked more than 15 years. Additional paid
vacation is granted those in certain difficult or dangerous
occupations. Bulgarian practice appears generally to conform
to these guidelines, although participation in unpaid
supplementary "brigades" can lengthen working hours on various
occasions during the year. A national labor safety program
exists, but standards of enforcement vary greatly.

878

CANADA

Canada is a constitutional monarchy with a federal
parliamentary form of government. Representatives in the
multiparty political system are elected by universal suffrage
at local. Provincial, and Federal levels. Government
responsibilities are defined by a national Constitution
subject to interpretation by an independent judiciary.
Federal and Provincial election mandates last a maximum of 5
years. Elections are completely free and often result in a
changeover of poyer to opposition parties.

Canada has an open economic system that encourages private
ownership, investment, and entrepreneur ship.

National and local law enforcement are carried out by Federal,
Provincial, and municipal police forces. Canada's armed
forces are under the authority of the elected civilian
government and have no role in domestic law enforcement except
in extreme circumstances under the War Measures Act (last
invoked in 1970 during the terrorist kidnapings in Quebec).

The Charter of Rights and Freedoms, added to Canada's revised
Constitution in 1982, guarantees fundamental individual rights
and freedoms to everyone in Canada. Government and private
organizations work actively to ensure that these rights are
respected in practice at all levels of society. Canada is a
leader in actively promoting respect for human rights around
the world.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no politically motivated killings in 1986.
However, police arrested a number of Canadian Sikhs for
alleged involvement in terrorist activities, and authorities
believe that Armenian terrorists also remain active in Canada.

b. Disappearance

Secret arrest, clandestine detention, and politically
motivated disappearances did not occur.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

These abuses are prohibited by law, and none was reported
during 1986. Prison conditions are generally good.

d. Arbitrary Arrest, Detention, or Exile

Canadian law prohibits arbitrary arrest and imprisonment, and
this prohibition is respected in practice.

The Federal Government may enforce the War Measures Act and
the Official Secrets Act in exceptional circumstances to
override certain constitutional guarantees. In the event of
war or peacetime crisis, the War Measures Act of 1914,
augmented by a 1981 Federal Cabinet order, permits the Federal
Parliament to declare a state of national emergency with
suspension of certain basic civil liberties. The 1939

879

CANADA

Official Secrets Act prohibits the private possession,
distribution, and publication of information deemed
prejudicial to the interests of the state and provides that
individuals under suspicion may be arrested
without a warrant.

Canada prohibits the use of any form of forced labor.

e. Denial of Fair Public Trial

In criminal trials Canadian law provides for a presumption of
innocence of the defendant until proven guilty, as well as the
right to a public trial and full rights to counsel. Free
counsel is provided to indigents. The Official Secrets Act
allows for trials under its provisions to be held in secret
with certain presumptions in favor of the state. Prosecutions
under this statute are extremely rare, and convictions hard to
maintain on appeal .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Federal and Provincial Governments do not interfere with the
basic rights of individuals except when there is a reasonable
basis for presuming that an individual is involved in criminal
activity. Police officials face judicial penalties if they
abuse a person's privacy without first obtaining a search
warrant .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press are guaranteed by the Constitution
and respected in practice. Laws prohibiting certain forms of
hate literature and pornography, provincial film censorship
boards, and legislation which specifically protects language
and cultural rights are the sole exceptions to these
freedoms. Two persons were convicted in 1985 under provincial
statutes prohibiting promotion of race hatred. Both cases
generated widespread publicity, and the convictions remain
under appeal to higher courts.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is guaranteed.

Workers in both the public and private sectors have the right
to organize, associate freely, bargain collectively, and
strike. In practice, certain groups of essential public
sector employees have limited collective bargaining rights and
are not allowed to strike. All labor unions have full access
to mediation, arbitration, and the judicial system. In 1985
and 1986 the International Labor Organization censured four
provinces for restricting the bargaining rights of public
sector workers. The offending legislation has been removed in
the province of Ontario, but no action to change legislation
has yet been taken by the Governments of Alberta, British
Columbia, or Newfoundland.

c. Freedom of Religion

There is complete freedom of religion.

880

CANADA

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within or outside
Canada, including the right of emigration and repatriation.
Canada is a haven for many refugees and displaced persons.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Canada is governed by Federal and Provincial Governments that
are genuinely elected by the Canadian people through universal
suffrage. Legislative elections must be held at least every 5
years and voter participation rates are high. The Governor
General is Queen Elizabeth II 's representative as Head of
State. Power is exercised in practice by the Prime Minister
and the Cabinet, who usually are elected members of the
282-seat House of Commons. Three politically diverse parties
are represented in the Commons, and several others function at
the Provincial level. All Provinces and Territories have
similar freely elected legislatures.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

Canada actively promotes human rights in international forums,
and the Federal Government encourages nongovernmental
organizations to pursue investigations of human rights abuses
throughout the world. The Canadian Human Rights Commission
and its Provincial counterparts investigate and resolve
complaints of discrimination in public and private sector
activities under governmental jurisdiction.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Article 15 of the Charter of Rights and Freedoms guarantees
equal benefits and protection of the law regardless of race,
national or ethnic origin, color, religion, sex, age, or
mental or physical disability. Those rights are respected in
practice.

Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.

Women participate freely in Canadian society. Women's rights
are overseen by a Federal Cabinet minister responsible for the
status of women and by the Federal and Provincial human rights
commissions .

CONDITIONS OF LABOR

Labor standards vary from province to province, but all
guarantee a sufficient minimum wage and limit the standard
workweek to 40 or 48 hours. Federal and Provincial
legislation ensure that working conditions are not hazardous
for employees. Child labor legislation also differs among the
provinces. The Federal Government generally prohibits those
under 17 years of age from working for the Federal Government
while school is in session. Provinces generally prohibit
those under age 15 or 16 from working without parental consent,
working in any hazardous employment, or working at night.

881

CYPRUS

Cyprus has been divided since the Turkish military
intervention of 1974, an event which followed a coup d'etat
directed from Greece. Since that time, the southern part of
the country has been under the control of the Government of
the Republic of Cyprus, and the northern part under an
autonomous Turkish Cypriot administration supported by the
presence of Turkish troops. In 1983, this administration
proclaimed itself the "Turkish Republic of Northern Cyprus,"
which has been recognized only by Turkey. It held a
constitutional referendum and presidential and legislative
elections in 1985.

The political systems of the Republic of Cyprus and the
Turkish Cypriot administration are democratic and based on
free elections, and they guarantee basic human rights to their
populations in theory and practice.

Both Cypriot economies are founded on the free enterprise
system, with stress on private initiative and the right to own
property. The relatively prospering economy in the south is
based en manufacturing, trade, tourism and services,
construction, and agriculture. The economy in the Turkish
Cypriot area, which is closely linked to that of Turkey, is
heavily based on agriculture and has problems with high
inflation, low investment, and significant underemployment.
In the past, the Turkish Cypriot economy has provided a far
greater role for state enterprises, although efforts are now
under way to orient the economy more towards the private
sector .

The conflict between the Greek and Turkish Cypriot communities
during the 1963-74 period, the Turkish intervention in 1974,
and the ensuing presence of Turkish troops in the north have
led to continuing charges of human rights violations. These
events resulted in the uprooting of Greek Cypriots and Turkish
Cypriots from the northern and southern parts of the island
respectively and the loss of lives, homes, and livelihoods.
Greek Cypriots point to these displacements, the continuing
Turkish troop presence, Greek Cypriots missing as a result of
the 1974 events, and Turkish Cypriot unwillingness to allow
Greek Cypriot resettlement and travel in the north as the
fundamental human rights questions in Cyprus today. In
contrast, Turkish Cypriots assert the 1974 intervention was
legal and necessary to save their community from destruction.
They also raise as issues the experience of the Turkish
Cypriot population living in enclaves from 1963 to 1974 and
the disappearance of Turkish Cypriots during the same period.
The subsec[uent regrouping of the two communities in separate
parts of the island, according to Turkish Cypriots, was
necessary for their security.

In August 1984, the United Nations Secretary General launched
an initiative to achieve a just and lasting resolution of the
Cyprus problem. His efforts continued throughout 1986.

Neither Turkish nor Greek mainland forces deployed on Cyprus
play an internal security role.

882

CYPRUS

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing
There were no political killings.

b. Disappearance

There were no reports of persons abducted, secretly arrested,
or held in clandestine detention. However, the issue of
persons missing during the 1963-74 period remains a source of
dispute between the Greek Cypriot and Turkish Cypriot
communities. The tripartite Committee on Missing Persons
established under the auspices of the U.N. Secretary General
in 1981 continued its investigations in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community specifically prohibit torture.
Freedom from cruel, inhuman, or degrading treatment or
punishment is guaranteed by law and respected in practice in
both communities. Adequate health care is provided in prison
and detention facilities, and diet is considered normal.
Family members may visit those in detention. After
sentencing, prisoners may be visited once a month, or more
frequently where humanitarian needs exist. Attorneys may
visit prisoners freely.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest and detention is guaranteed by
law and respected in practice by the Government of Cyprus and
Turkish Cypriot authorities. Preventive detention is not
legally authorized, nor has it been reported in practice. No
one may be held for more than 3 days for investigation of a
crime without referral of the case to the courts for extension
of the period of detention. Most periods of investigative
detention do not exceed 8 or 10 days before formal charges are
filed. No instance of exile was reported.

No complaints of forced or compulsory labor were reported.

e. Denial of Fair Public Trial

In both parts of Cyprus, fair public trial is guaranteed by
law. The judiciary is independent of executive or military
control. Defendants have the right to be represented by
counsel (at government expense for those who cannot afford
one), to confront witnesses, and to present evidence in their
own defense. Cases are generally tried before a judge or
panel of judges, although a request for a jury trial is
usually granted. There are no special courts to deal with
security or political offenses. Civilians are not tried by
military courts. There are no political prisoners in Cyprus.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Both the Cyprus Constitution and the basic document governing
the Turkish Cypriot community provide guarantees protecting

883

CYPRUS

the individual against arbitrary interference. A judicial
warrant is required, for example, for a police official to
enter a private residence. Abuses of privacy run counter to
the democratic traditions of both communities. However,
Turkish Cypriots complain that mail coming through the
Republic of Cyprus postal system is often delayed, opened, or
not delivered.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These rights are guaranteed by law and are widely and freely
practiced throughout the island. The press is free and
represents the entire political spectrum. Opposition papers
frequently criticize the authorities. There is no press
censorship. The authorities control radio and television.
Legislation was passed in the Republic of Cyprus in 1986
giving each party represented in Parliament a seat on the
board controlling the Cyprus Broadcasting Corporation. In
addition, the proliferation of party and independent
newspapers in both communities enables ideas and arguments to
circulate freely.

b. Freedom of Peaceful Assembly and ^Association

The freedom to associate, organize, and hold meetings is
guaranteed in law and respected in practice. Trade unions and
confederations, both non-Communist and Communist, are free to
organize on both sides of the line which divides the two
communities. Over 80 percent of Greek Cypriot workers and 50
percent of Turkish Cypriot workers belong to independent trade
unions. Most unions are affiliated with either the
International Confederation of Free Trade Unions or the World
Federation of Trade Unions. Labor authorities are required by
law to mediate disputes in cases which cannot be solved
through normal collective bargaining. All Cypriot workers are
permitted to strike, although both the Government of Cyprus
and the Turkish Cypriot authorities have the powei. to curtail
strikes in what are deemed to be essential services. Each has
used it once in 1986, in relation to striking port authority
workers in the south and petroleum sector workers in the north.

Unions in both parts of Cyprus freely take part in
international meetings. The Government of Cyprus has taken a
particularly active role in the International Labor
Organization. Labor unions, more than most other
organizations on Cyprus, attempt to maintain contact and
cooperation across the dividing line.

c. Freedom of Religion

Freedom of religion is respected in Cyprus. In the south, the
vast majority of the population is Greek Orthodox; in the
north, Sunni Muslim. The Greek Orthodox Church in the south
has the character of a state institution. Missionaries are
allowed to proselytize in both communities.

Since the law does not accord conscientious objector status to
any individual or group, there have been arrests, military
trials, and imprisonments of Greek Cypriot Jehovah's Witnesses
for their refusal of military service. Those who were
convicted and imprisoned by the military courts, including
some Jehovah's Witnesses, were subsequently released on
constitutional grounds.

884

CYPRUS

Although members of the Latin, Maronite, and Armenian
minorities cannot serve in the Greek Cypriot National Guard,
this exemption is based on ethnic rather than religious
considerations and is generally welcomed by the minorities
themselves.

Approximately 100 Turkish Cypriots still live in the south of
the island, and they are allowed to practice their religion
freely. In the north, non-Muslims include over 700 Greek
Cypriots, over 300 Christian Maronites, and foreign residents
— all of whom are free to practice their religion.
Nevertheless, there have been complaints that the welfare of
minorities in the north is impaired by Turkish Cypriot
restrictions on housing, water, education, and movement. The
United Nations Force in Cyprus monitors the welfare of the
Greek Cypriots and Maronites in the north as well as that of
the Turkish Cypriots in the south.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Turkish Cypriots and Greek Cypriots enjoy general freedom of
movement within their respective areas. Turkish Cypriot
authorities regulate travel into or out of the Turkish Cypriot
area. They bar Greeks and Greek Cypriots from entering the
north and Turkish Cypriots from visiting the south, except
when traveling for humanitarian, medical, or other special
reasons. The applications of Greek Cypriot residents of
enclaves to visit the south are usually granted, but the
applicants must return within a designated period or risk
losing their right to return and their property. Foreigners
coming from the south must obtain permission to enter the
north. At the same time, the Government of Cyprus bars the
entry into the Greek Cypriot area of foreigners who arrive at
Turkish Cypriot ports. Those who enter through the south but
wish to stay overnight in the north are discouraged from doing
so by the Government .

The right to travel abroad and to emigrate is observed,
although individuals facing military service or legal action
in either part of Cyprus may not be allowed to travel.
Turkish Cypriots have difficulty in traveling to some
countries because their travel documents, issued by the
Turkish Cypriot authorities, are not recognized. Citizens may
repatriate freely.

Refugees who come to Cyprus from Eastern Europe are normally
sent to third countries as soon as arrangements for their
resettlement can be made.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Both the Government of Cyprus and the administration of the
Turkish Cypriot community are democratically elected. In
their lively multiparty political systems, parties compete
actively and without restriction for popular support. Greek
Cypriots and Maronites living in the north — the latter having
chosen before 1960 to be regarded as members of the Greek
Cypriot community — do not participate in Turkish Cypriot
elections but elect their own village officials. They are
eligible to vote in Greek Cypriot elections but must make
their way to the south in order to exercise their right.

885

CYPRUS

Women are by custom less active in politics than men in both
north and south. No woman in the north and only one in the
south is a member of Parliament, nor are there currently any
women of ministerial rank in the north. In recent local
elections in the south, however, 31 out of 228 city council
seats went to women. A woman serves as Attorney General in
the Government of Cyprus, and the Government named a woman to
the bench for the first time in 1986. Two women currently
serve as under secretaries in the Turkish Cypriot
administration. There has been a woman judge serving in the
Turkish Cypriot administration since 1981.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The question of human rights in Cyprus is closely connected to
the political differences that divide the two communities. In
1986, a group of Greek Cypriots announced the formation of a
"Committee for the Restoration of Human Rights Throughout
Cyprus." This committee ascribes the problem of human rights
on the island to the 1974 Turkish military intervention and
the continued presence of Turkish troops in the north. The
Turkish Cypriot Human Rights Committee in turn denounced the
Greek Cypriot charges, stating that the Turkish troops were
present to protect Turkish Cypriot human rights.

Cyprus participates actively in the work of the U.N.
Commission on Human Rights. For several years, the question
of human rights in Cyprus relating to the events of 1974 has
been on the Commission's agenda but has been regularly
postponed by agreement of the parties directly concerned. The
Republic of Cyprus also has applied to have this human rights
question placed on the agenda of the European Commission on
Human Rights. In addition, the Government of Cyprus has
repeatedly raised the question of missing persons unaccounted
for since 1974. Representatives of international human rights
organizations have open access to both the south and the north.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Food, shelter, education, and health care are available to
members of both communities regardless of race, religion,
ethnic background, or political opinion. Both societies are
essentially middle class, with a small but prominent wealthy
segment. Housing is adequate and is available for displaced
persons. Most Cypriots, both Greek and Turkish, are covered
by national health service systems.

Throughout Cyprus, women generally have the same legal status
as men. In the north, legal provisions exist requiring equal
pay for men and women performing the same job. In the south,
government workers receive equal pay for equal work, but no
such regulations apply to the private sector. Local custom
has also inhibited the full participation of women in public
life. Politics, for example, has traditionally been a male
preserve in Cyprus. Through changing attitudes, however,
women are experiencing increasing mobility.

CONDITIONS OF LABOR

The Cyprus Constitution provides that "every person has the
right to a decent existence." The basic document governing the

886

CYPRUS

Turkish Cypriot community contains similar language. There is
extensive legislation guaranteeing acceptable conditions for
workers with respect to minimiam wages, hours of work, and
occupational safety and health. The minimum age for the
employment of children in an "industrial undertaking" is set
at the age of 14. These laws are enforced throughout Cyprus.

887

U. 5. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY; CYPRUS

1984

1985

1936

I.ECON

A. AID

CSE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL,

OANS

RANTS. ,

OANS

RANT

C.SU

D rO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

op. ASSIST.) .
R PEACE ,

OTAL

N S-LOANS

FOR. CURR

TOTAL

.EC.OEV 5 WFP,

EF AGENCY

CON. ASSIST..,

CE CORPS.
COTICS...
SR

II.MIL. ASSIST. -TOTAL.

LOANS ,

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.ED.TRNG.,
D.TRAN-EXCESS STOCK.
E. OTHER GRANTS

III. TOTAL =CON. 5 MIL,

LOANS ,

GRANTS

15.0

U.A

0.0

15.0

U.4

15.0

U.A

0.0

15. D

15.0

U.A

15.0

14.4

0.0

o-.o

0.0

0.3

0.0

15.0

14.4

0.0

15.0

14.4

OTHER US LOANS...,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

44.1

7.6

46-5

342.8

IBRD

43.8

7.0

20.0

269.7

if:

0.0

6.1

IDA

3.0

O.D

0.0

0,.0

ID3

0.0

AD8

0.0

AFD3

0.0

, 0.0

0.0

UNOP

0.3

0.6

0.0

19.7

OTHER-UN

0.0

0.3

0.0

0.8

ee:

0.0

26.5

46.5

66-986 0-87-29

888

CZECHOSLOVAKIA

The Czechoslovak Socialist Republic is a centralized Communist
state in which the party leadership decides all important
political, economic, and social questions and limits the scope
of individual human rights. Although the Constitution
guarantees freedoms of speech, press, assembly, and religion,
these rights do not generally exist in practice. Independent
associations are not permitted in Czechoslovakia; all labor
unions, professional associations, and even amateur groups are
controlled by the Communist Party and subordinated to it.
There has been virtually no change in the state and party
leadership during the last 16 years.

Czechoslovakia has a large, well-funded security establishment,
directed by the Ministry of the Interior and the party
hierarchy. It includes uniformed police (public security) who
are similar to Western police forces, and the secret police
(State Security), who deal with people they judge to be past,
present, or future opponents of the regime. This powerful
internal security force — backed by the Czechoslovak Army and
the 80,000 Soviet troops stationed in the country since
1968 — is the main pillar of the Government's control.

Czechoslovakia's centrally planned economy allows little or no
private enterprise or ownership in manufacturing, retail
operations, agriculture, or services. In recent years, the
economy has stagnated, burdened by excessive central planning,
obsolete equipment and infrastructure, and a lack of
incentives for innovation and initiative.

The human rights situation in Czechoslovakia changed little in
1986. In September police arrested the entire leadership of
the Jazz Section of the Prague branch of the Union of
Musicians. Since the late 1970 's, the Jazz Section,
originally a legally constituted association of jazz fans, has
had to engage in a struggle with state authorities over its
continued existence. At this time, five of the seven members
of the leadership (two in ill health were released in
December) remain in jail, charged with "unauthorized
enterprising," but no trial date has been set.

In their dealings with the population, the authorities
continue to make free use of various forms of repression,
including: frequent house searches, detentions, and
interrogations; suspended prison sentences and "protective
supervision"; intrusive surveillance and other forms of
psychological pressure; discrimination in employment; and
denial of educational opportunities to the children of persons
deemed opponents of the regime. As in previous years, the
harshest repression has been directed at religious activists
and at those individuals and groups who monitor human rights
abuses in Czechoslovakia.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Every year, Czechoslovak and other East European citizens are
fired upon and sometimes killed by Czechoslovak border guards
while trying to cross the frontier without official
permission. These incidents often do not come to public
attention unless the victims reach the West or the shootings

889

CZECHOSLOVAKIA

occur on Western soil, so it is impossible to estimate the
number of fatalities that result.

Two separate occurrences during late September demonstrate
Czechoslovak harshness in preventing even potential
unauthorized border crossings. In one instance, border guards
reportedly pursuing Polish citizens trying to cross into the
West shot and killed a citizen of the Federal Republic of
Germany on West German territory and held his body for 4 days,
returning it without organs and tissues that might have
revealed the circumstances of the killing. In a second
incident, Czechoslovak guards seized an Austrian pensioner on
Austrian territory and held him for 7 hours before forcing him
to sign a false and incriminating protocol.

There were no reports of other political killings by the
police in 1986. However, political activists continue to
report occasional intimidating police warnings.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There have been no reports of systematic torture in
Czechoslovak prisons since the early 1960 's. Many former
prisoners credit this to the influence of President Husak, who
himself suffered long years of imprisonment and mistreatment
in the 1950 's. There have been, however, reports of beatings,
threats, and intimidation during interrogation. Reports of
mistreatment have been most frequent in political cases.

Prison conditions are poor and sometimes approach the level of
cruel and inhuman treatment. This is especially true under
the "third category" of imprisonment (the harshest regime).
In general, cells are small and unheated, family visits are
strictly limited, and prisoners report such punishments as
reduction in pay and limitations on free time, bathing, and
exercise periods if they fail to meet unrealistically high
work standards. Informed sources report that prisoners are
assigned unpleasant and hazardous work which normal workers
refuse to perform. Inmates are occasionally given such
health-threatening assignments as polishing crystal and
costume jewelry in environments lacking sufficient ventilation
to prevent glass fragments and chemicals from being inhaled.
Sanitary facilities, diet, and medical facilities are reliably
reported to be deficient. Former prisoners have reported that
prison guards sometimes encourage hardened criminals to prey
on persons serving sentences for political offenses.
Prisoners or former prisoners who complain publicly of
mistreatment have been severely punished, sometimes being tried
and sentenced anew for "offenses" deriving from this activity.

Several cases of misuse of psychiatry for political purposes
have been alleged in recent years, including that of religious
activist Augustine Navratil. Navratil was detained in
November 1985 for distributing Catholic samizdat
(self-published) literature. In December 1985, he was
remanded to the closed section of a psychiatric facility in
Prague and in March 1986 was transferred to a psychiatric
institution in Kromeriz. In September a court rejected
Navratil 's request for termination of psychiatric treatment
but decreed that he might be treated on an out-patient basis.

890

CZECHOSLOVAKIA

The state prosecutor objected to that decision, and Navratil
was not released into ambulatory treatment until late
October. The decision to release Navratil may be reversed at
any time, however. Helsinki Watch reported that Stefan
Javorsky, a Catholic priest charged in 1986 with conducting
unauthorized church activities, was ordered by security police
to undergo psychiatric examination and was to report to a
psychiatric facility. In its July 1983 meeting, the World
Psychiatric Association accused Czechoslovakia of misusing
psychiatry for political purposes. Czechoslovakia thereupon
resigned its membership in the organization.

d. Arbitrary Arrest, Detention, or Exile

Czechoslovak citizens are frequently arrested, detained, or
subjected to searches and interrogations for expression of
views contrary to those of the regime. Judicial and police
authorities often explain such actions in legal terms and
perform them with warrants. They have also, however, been
carried out without warrants. Under the law, a person may be
detained for up to 48 hours without being charged, although in
practice this limit is not strictly observed. It is normal
for political activists to be detained repeatedly and then
released without the filing of charges. Searches, detentions,
and frequent interrogations are among the tactics used by the
regime when it has decided to harass rather than to prosecute.

According to law, a detainee may be held in investigative
detention for 60 days if the authorities decide to press
charges. A detainee lacks the right to have visits by family
members until after his or her trial is over. Investigative
detention may be and often is extended at the request of the
prosecution, and detainees are occasionally held for long
periods without being brought to trial. For example, Jan Dus ,
an Evangelical minister without state license and a Charter 77
signatory, was arrested on May 20, 1986, and has been held
awaiting trial since then.

People arrested for expressing views opposed by the regime are
generally charged with "subversion," "incitement," "defamation
of the Republic," or "damaging the interests of the Republic
abroad." Czechoslovak citizens who have unauthorized contacts
with foreign diplomats or who frequent embassies and their
libraries have on occasion been charged with "espionage."
Those arrested for religious activities are usually charged
with "obstructing state supervision over churches and religious
societies." Many of these articles of the criminal code are
sufficiently elastic to encompass almost any activity. In
certain instances, the authorities have also resorted to
trumped-up criminal charges (e.g., "hooliganism" or "stealing
Socialist property") to punish those whose real offense was to
engage in unauthorized political or cultural activity.

The Czechoslovak authorities have not formally imposed
internal exile or house arrest in Czechoslovakia since the
1950 's. In 1984, though, for the first time, the Government
introduced a regime of "protective supervision," which
combines features of both. Former political prisoners
currently subjected to this regime include Ladislav Lis, Jiri
Gruntorad, Petr Cibulka, and Ivan Jirous. Protective
supervision brings to bear travel restrictions, curfews,
frequent searches of persons, homes, and guests, and the
obligation to report regularly to the police. Ladislav Lis,
for example, has had to report to the police as frequently as
10 times a week. He has suffered lengthy house searches

891

CZECHOSLOVAKIA

occurring 3 to 5 times a week, and he has had many of his
visitors detained, taken away for questioning, and otherwise
harassed. The imposition of such a regime, intended for
habitually violent offenders, against persons who have never
committed or advocated an act of violence is clearly aimed at
isolating them from contact with the outside world.

The Government has also turned to forced exile in order to rid
itself of critics. In numerous cases, people who had been
working or visiting abroad with official permission have been
stripped of citizenship and refused the right to return. The
authorities have had recourse to something approaching forced
exile in cases involving people who have already served a jail
sentence. Upon their release, or while they are still in
prison, such persons are pressured to emigrate. If they
refuse, they and their families suffer harassment, denial of
jobs and schooling, and the threat of rearrest. Frequently,
after a year or more of this treatment, these ex-prisoners
apply for emigration passports.

Forced labor does not exist in Czechoslovakia, but "work
education" is required of prisoners. Former prisoners report
that convicts face higher norms, lower pay, and poorer working
conditions than do ordinary workers.

e. Denial of Fair Public Trial

According to Czechoslovak law, people charged with criminal
offenses are entitled to fair and open public trials. The law
provides that accused persons have a right to be informed
concerning the charges against them, to retain counsel, and to
present a defense. Actual practice is quite different,
however, especially where political offenses are concerned.

Defendants may choose their lawyers, and court-appointed
lawyers are available if required. However, lawyers, like
judges, are subject to direct and indirect pressures from
political authorities, and they do not always vigorously
represent their clients. Defense attorneys who have defended
their clients with vigor have in some cases been disbarred and
occasionally prosecuted. Defendants do exercise their right
to defend themselves in court and occasionally get charges
dismissed or reduced at the original trial. Thereafter, an
appeal filed by the prosecution may, however, result in an
increase in the sentence or in additional charges.

In contrast to previous years, 1986 saw friends of defendants,
representatives of the press, and diplomats gain access to a
number of trials with political content.

The judiciary is not independent of the regime and the
Communist Party. In theory, judges can be removed only by the
Federal Assembly (parliament) or by the Czech or Slovak
National Council. In practice, they are subject to direct
control and supervision by the party, to which most judges and
ambitious lawyers must belong.

The number of political prisoners in Czechoslovakia is
difficult to estimate. The Czechoslovak Government does not
recognize political prisoners as a separate category and does
not release figures on its prison population. The only
figures available are those from the Committee for the Defense
of the Unjustly Persecuted (VONS), which to the best of its
ability documents individual cases. By VONS ' s own count, at
least 36 prisoners whose cases it had been following were in

8^2

CZECHOSLOVAKIA

prison in December 1986. However, VONS does not monitor
certain categories of political prisoners, such as those
sentenced for attempts to leave Czechoslovakia without
official permission. The number of such prisoners — most of
whom serve terms of 1 to 2 years — has been variously estimated
at between 200 and 80 0.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government accords itself the right to monitor and control
the leisure-time activities of its citizens. Consequently, it
also interferes with privacy of communications.

Those who are considered opponents of the regime bear the
brunt of heavily intrusive surveillance. They, their
families, and their friends are routinely subjected to such
measures as electronic surveillance, tapping of telephones,
and interception and destruction of mail. Discrimination in
education and employment is a regular aspect of the harassment
and persecution of families of dissidents and religious
activities. Fear that their children will be denied higher
education is a major factor in preventing open dissent among
intellectuals and white-collar workers.

A special problem exists for religious believers who wish to
raise their children in their faith. Organization of
religious instruction or of ceremonies in private homes is
forbidden. Parents must obtain the permission of local
authorities if their children are to receive religious
education at school. School authorities warn parents that
participation in religious classes could be damaging to a
child's education and career prospects.

Contacts with persons and organizations in the West and
receipt of information from the West are discouraged.
Czechoslovaks in many professions are required to file a
report each time they have a conversation with a Westerner.
Broadcasts of Radio Free Europe in Czech and Slovak are jammed
in Prague and in other major cities, although they often can
be heard in rural areas. Other Western radio broadcasts are
not jammed. Many people who live near the country's western
or southern borders can receive West German or Austrian
television broadcasts.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the Constitution provides for freedom of speech and
of the press, it also states that these freedoms must be
exercised "in accordance with the interests of the working
class." In effect, individuals may not publicly voice
opinions that differ from party policy or that question the
legitimacy of party rule, the fundamental principles of the
"Socialist" State, or the regime's relationship with the
Soviet Union. Likewise, political directives severely limit
academic freedom.

All newspapers and magazines are published and controlled by
political parties or mass organizations of the National Front
(e.g., the Youth League, Revolutionary Trade Union Movement,
or Sports Federation). These in turn are controlled by the
Communist Party. Legal religious literature and periodicals
are subject to strict censorship and are published only in

893

CZECHOSLOVAKIA

limited editions. Publishing houses and the news media, all
state-owned, employ self-censorship under Communist Party
guidelines. Editors who are insufficiently vigilant suffer
fines or dismissal. Writers who wish to publish must belong
to the state-controlled Union of Writers.

Only a limited number of Western non-Communist periodicals
penetrate into the country, and these are beyond the reach of
ordinary citizens. Since the early 1970's, libraries have
restricted access to Western publications of a political
character to those individuals who have obtained special
permission from their employers or their universities,
documenting their need for the material for official purposes.
Periodicals such as Time and Newsweek are locked in cabinets
controlled by special personnel. Books and periodicals
published during the 1968-69 period or other publications
considered ideologically "harmful" are subject to similar
controls .

Printing and photocopying equipment, except typewriters, is
under the control of the Interior Ministry and cannot be
legally obtained by private citizens. Despite these
restrictions, a lively underground samizdat (self-published)
press publishes a variety of fiction and nonfiction, usually
in very small editions. Some of it is sent abroad, where it
is reprinted in emigre publishing houses and then brought back
to Czechoslovakia in larger editions. Those arrested for
literary activities in 1986 included, but were not limited to,
Jaroslav Svestka, who was sentenced to 1 year in prison for
subversion in connection with his attempt to forward excerpts
of the book "Orwell's Year" to a friend in the West; Herman
Chromy, who was sentenced to 2 years' imprisonment for
subversion because of his own writing as well as the
discussion of his political views and distribution of printed
materials at his workplace; and Jan Dus , the Evangelical
minister mentioned earlier, who is awaiting trial on charges
related to aspects of Chromy 's case.

b. Freedom of Peaceful Assembly and Association

Although the Constitution theoretically grants freedom of
assembly, that freedom does not exist in practice. Public
meetings may be held only with the permission of the police,
and this permission is given only when the meeting supports
state objectives. When the authorities wish to have a large
rally (May Day or "peace" demonstrations), people are often
pressured to attend.

Lectures and film showings in private homes may also be
subject to dispersal or other police controls — such as denial
of access to invited guests — if the authorities object to
their subject matter or participants. In July 1986, the
authorities prevented U.S. Senator Larry Pressler from meeting
with Czechoslovak citizens active in monitoring the human
rights situation in Czechoslovakia. In September police
allowed dramatist and Charter 77 figure Vaclav Havel to host
an event dedicated to his selection as the 1986 Erasmus Prize
honoree, but refused entry to many invited guests.

Spontaneous independent associations are not permitted in
Czechoslovakia. The Government's unwillingness to tolerate
independent initiatives on the part of these organizations is
to be seen in its treatment of the Jazz Section of the
Musicians Union. This once legally constituted association of
7,000 jazz fans throughout Czechoslovakia formerly organized

894

CZECHOSLOVAKIA

jazz festivals and sponsored publications on music and the
arts for its members. In March 1985, the Jazz Section was
dissolved under a 1968 statute banning "counterrevolutionary
activity." Leaders of the Section protested and addressed a
series of letters and petitions to the authorities. Their
actions brought down upon them surveillance, interrogations,
loss of employment, and other forms of harassment. Because of
its international status as a member of the UNESCO-affiliated
International Jazz Federation and because of growing Western
public attention to its struggle, the Jazz Section was able to
continue operating for a time.

In September 1986, Jazz Section offices and its leaders'
apartments and places of employment were raided by police, who
confiscated approximately 800 books, several hundred
magazines, and the Section's records. Seven members of the
Jazz Section, including its leadership, were arrested and
charged with "unauthorized enterprising." Although two of the
Section's leaders in ill health were released in December,
five colleagues remain in detention, awaiting the State's
decision as to whether or not to prosecute.

In another example, on May 26, 1986, the preparatory committee
of a proposed organization to be named "Young Art for Peace"
submitted a request for approval of its bylaws to the Ministry
of Interior. The organization was intended, within the
framework of the National Front, to bring together young
people in the "quest for peace" and at the same time to assist
in "the development of moral values." Reportedly through
indirect pressures, the security forces convinced the
preparatory committee to withdraw its request on June 5.

Czechoslovak workers do not have the right to establish and
join organizations of their own choosing without previous
authorization. An attempt to establish an independent trade
union in the early 1980 's was suppressed. Membership in
official trade unions or professional associations is
virtually obligatory for workers and for those seeking to
practice a profession. Communist Party membership is an
unwritten, but commonly acknowledged, prerequisite for nearly
all higher-level jobs.

The Czechoslovak labor union umbrella organization, the
Revolutionary Workers' Movement (ROH), is a mass
organization strictly controlled by the Communist Party.
Strikes, independent organizing efforts, and collective
bargaining are not permitted under the Czechoslovak system.
The ROH is affiliated with the World Federation of Trade
Unions, whose headquarters are in Prague.

The Constitution guarantees the right and duty to work. In
practice, persons who are considered politically unreliable
are barred from professional positions and forced into menial,
low-paid jobs such as coal stokers and nightwatchmen. This
practice has been condemned by the International Labor
Organization .

c. Freedom of Religion

Freedom of religion, guaranteed in the Constitution, is
strictly limited in practice. "Scientific atheism" is part of
the official ideology, and the regime actively discourages all
religious activity, especially among the young. Teachers,
policemen, Communist Party officials, and members of certain
other professions encounter problems in their careers if they

895

CZECHOSLOVAKIA

are seen in church. Higher education is often denied to
active believers and to their children. For many years, no
new Catholic church buildings have been approved for
construction. However, some Protestant congregations —
including Baptists — have been allowed to build new churches.

The Government exercises strict control over all religious
activity. A church must be officially registered in order to
function legally in Czechoslovakia. Groups which proselytize,
such as Jehovah's Witnesses and Mormons, are banned outright,
and their members suffer frequent harassment and arrest.
Jehovah's Witnesses have been reported in several prisons, but
there is no reliable estimate of their number.

In 1986 Helsinki Watch reported several instances of official
harassment of religious figures. Stefan Javorsky, a Catholic
priest, was sentenced to 12 months in prison for "obstructing
state supervision of churches and religious societies" by
celebrating private masses and hearing confessions without a
state permit. Catholic priest Bystrik Janik was sentenced to
28 months in prison for religious activities without state
authorization. Milos Reichert, an Evangelical Protestant
minister and human rights activist, complained to the
Government of police harassment, including confiscation of
copies of a religious book.

Organized religious practice is hampered by both written and
unwritten restrictions. Clergymen are paid by the State and
must receive a state license in order to practice. Such
licenses can be — and are — withdrawn without explanation.
Estimates of the number of clergymen who have lost their
licenses vary, but they are known to include several bishops.
Those who continue to practice despite revocation of their
licenses are liable to criminal prosecution.

The Czechoslovak record in facilitating travel by religious
officials to and from Czechoslovakia is spotty. When the
proposed visit serves the purpose of the State and takes place
between an officially recognized institution in Czechoslovakia
and its counterpart elsewhere, visas are often granted. In
the case of the Catholic Church, however, the Government has
followed an extremely restrictive policy. Pope John Paul II
has not been permitted to visit Czechoslovakia, despite an
invitation from Cardinal Tomasek and petitions signed by
thousands of Czech and Slovak Catholics. Similarly, Catholic
priests and other religious leaders who manifest too great
independence are frequently denied permission to travel
outside the country.

Unofficial or unsanctioned travel by religious groups for
purposes the Government considers illegal — e.g., importing
religious literature or objects, conducting religious training,
and similar activities — is severely punished.

The Roman Catholic Church is the largest of Czechoslovakia's
18 officially registered religious bodies. There are an
estimated 8 to 11 million Roman Catholics in the country, and
up to 450,000 members of the affiliated Greek Catholic
(Uniate) Church. The Greek Catholic Church was reestablished
in 1968 after having been forcibly united with the much
smaller Orthodox Church in 1950. However, the Greek Catholics
have been unable to reclaim their property, which remains in
the possession of the Orthodox Church.

896

CZECHOSLOVAKIA

Students in Czechoslovakia's two remaining Catholic seminaries
(out of a prewar total of 13) need state approval to be
admitted and ordained. In addition, the State must approve
each priest's assignment to a parish or higher office. As a
result of these restrictions, many priests have to cover more
than one parish, and only 3 of 13 dioceses have resident
bishops .

In 1950 all male religious orders were dissolved. A few
female religious orders were allowed to continue functioning,
but they were prevented from accepting new members, except
during a brief interlude in 1968. Despite these limitations,
some Catholic monastic orders have continued to operate
clandestinely, with members making occasional public
appearances .

"Pacem in Terr is," the state-sponsored "peace association" of
clergy, has been a major instrument of state control over the
Catholic Church since it was founded in 1970. The association
has been losing ground since 1982 when the Vatican banned
clerical participation in political organizations worldwide.
Although Cardinal Tomasek and the overwhelming majority of the
clergy in Czechoslovakia have disassociated themselves from
"Pacem in Terr is," priests associated with the organization
have retained control of Katolike Noviny (Catholic News), the
only legally published Catholic newspaper.

The printing of religious literature is severely restricted,
and Bibles are in short supply. The demand for religious
literature exceeds the supply, and Bibles and other pieces of
religious literature are smuggled in from abroad and produced
by underground samizdat (self-published) methods. Samizdat
and other unofficial efforts to increase the supply of
religious material are illegal, and the State deals harshly
with persons it determines to have been involved in these
activities. Persons caught engaging in them may be charged
with obstruction of state supervision over churches and
religious societies or even with subversion. Maria Kotrisova
was sentenced to 10 months in prison for such activities in
1986. Michal Mrtvy is facing trial for similar activities.

Protestant denominations registered by the Government operate
under similar constraints as does the Catholic Church.
Proselytizing is forbidden; religious education is strictly
regulated and may not be organized in private homes; religious
ceremonies are restricted for the most part to church
premises, and education of clergymen is closely controlled.
Clergymen who become popular with young people or associated
with Charter 77 soon find themselves barred from preaching.

Two Jewish community councils, one in the Czech lands and the
other in Slovakia, serve the Jewish community of several
thousand. These councils are central religious organizations
financially supported and controlled by the Government. There
are synagogues and prayer houses open for worship and two
rabbis, one in Prague and one in Kosice. In Prague, there is
a Jewish Museum operated by the State. There are no Jewish
schools or rabbinical seminaries.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

For most Czechoslovaks, freedom of movement within the country
is not restricted, except near military installations and
along the borders with Austria and the Federal Republic of

897

CZECHOSLOVAKIA

Germany. However, the Government has increasingly restricted
the movements of Charter 77 activists and other "suspect"
persons by preventing them from leaving their homes. In 1986
the authorities prevented several Charter activists from
attending the Fourth of July celebration at the U.S.
Ambassador's residence. Additionally, authorities often
restrict the travel of such persons on politically significant
anniversaries, such as that of the August 20-21 Soviet
invasion in 1968, or while Western officials and other
visitors are present.

Travel to Western countries is difficult as travelers must
obtain permission and, unless they are visiting close
relatives, a hard currency authorization. The number of such
authorizations issued each year is far below demand.
Travelers to the West must usually leave some member of their
immediate families at home to ensure their return. These
restrictions are often relaxed for retired persons.

Travel by citizens of Czechoslovakia to other East European
countries has become more difficult in recent years. A
special passport is now required for trips to Yugoslavia, and
travel to Poland has been restricted since 1981. Travel to
Hungary has been made more difficult by limiting the amount of
currency which may be exchanged and the number of trips which
may be made in 1 year. Citizens deemed politically
"unreliable" may find that they are denied permission to
travel to either Eastern or Western Europe. Jan Stern, one of
the Charter spokespersons for 1986, has had his passport
confiscated and was offered the explanation that his travel
was not in the interest of the State.

The right to emigrate is extremely limited. It is generally
enjoyed only by those wishing to join a foreign citizen
spouse, or, in the case of retired persons, foreign citizen
children abroad. Those caught while seeking to leave
Czechoslovakia without official permission may be sentenced to
between 6 months and 5 years in prison.

Czechoslovakia occasionally denies the right of repatriation
by stripping the citizenship of those citizens it wishes to
keep out. Emigration passports are not valid for return
without special endorsement, and in some cases permanent exile
is a condition for emigration or study abroad. During 1986
Jan Hajek, the son of former Czechoslovak Foreign Minister and
Charter 77 spokesman Jiri Hajek, was granted permission to
study in Norway. He apparently gained this privilege at the
cost of his Czechoslovak citizenship and right of return.
Many former Czechoslovak citizens who wish to visit their
former homeland are denied visas.

There is a moderate outflow of persons from Czechoslovakia,
primarily persons who leave the country legally on vacation to
non-Warsaw Pact countries and do not return. This may amount
to about 10,000 persons annually, but precise statistics are
unavailable .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

All significant decisions regarding the Government, the
economy, and society are made exclusively by the leadership of
the Communist Party. Through its apparatus, the party
leadership determines who will be placed in decisionmaking
positions not only within its own ranks but also throughout

898

CZECHOSLOVAKIA

the Government, the economy, the media, and mass
organizations. Real power is enjoyed by only a few top-level
officials in the party Presidium and Secretariat.

Ordinary citizens, especially those who are not party members,
have no role in selecting their leaders or in making important
political or economic decisions. Four minor political parties
are permitted to organize and publish their own newspapers but
must conform to Communist Party directives. All parties and
mass organizations are incorporated in the National Front,
which is completely controlled by the Communist Party. Among
its tasks is the nomination of a single slate of candidates to
stand unopposed at all elections.

Czechoslovak citizen Pavel Wonka is currently in jail facing a
possible 3-year sentence for the distribution of an
independent election ballot for the May 1986 election program
to the Federal Assembly. Wonka had hoped to present himself
as an independent candidate in the elections.

Section 4 Governmental Atttitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights

The Czechoslovak Government reacts negatively to expressions
of concern about human rights violations in Czechoslovakia
either by other governments or by nongovernmental
institutions. Czechoslovak officials have, however, spoken
candidly with U.S. officials about the Czechoslovak
Government's interpretation of human rights and of the limits
which it contends must exist to provide adequate protection
for society. There have been reports in the past that the
Government had delayed or denied visas to members of
international human rights organizations such as the Helsinki
Watch Committee and Amnesty International.

Two groups within Czechoslovakia concern themselves with human
rights. One is Charter 77, a group of individuals who signed
a document, first made public in January 1977, calling on the
Government to honor its commitments to international
agreements on human rights, including the Final Act of the
Conference on Security and Cooperation in Europe, as well as
human rights guarantees in the Czechoslovak Constitution. The
second group, the Committee for the Defense of the Unjustly
Persecuted (known by its Czech initials VONS), uses public
records and reports from friends and relatives of the accused
to issue communiques in cases where it believes the police,
the courts, or the prisons have abused citizens' civil
rights. These communiques are distributed to the Czechoslovak
authorities. Members of both these groups are targets for
harassment by the regime.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Health care, educational, retirem.ent, and other services are
provided without regard to race or sex. Membership in the
Communist Party confers special access to goods and services
(including education, medical services, and consumer items),
and party officials enjoy particularly favorable treatment.

The retirement age is 57 years for women and 60 years for
men. The average pension is 55 percent of the average wage,
and many retirees supplement their pension payments by working.

899

CZECHOSLOVAKIA

Czechoslovakia has two major nationalities — Czechs and Slovaks
— and two substantial minorities — Hungarians and Gypsies.
Interethnic relations are still colored by historic
animosities, but Czechoslovakia provides certain guarantees
for minorities. Hungarians, who are concentrated in southern
Slovakia, form the country's largest minority (555,000,
according to official statistics). They are represented
proportionately in federal and local legislative bodies but
are under represented in high-level jobs in industry,
government, and the party apparatus. The State provides some
primary and secondary education in Hungarian and permits a
limited number of ethnic Hungarians to pursue higher education
in Hungary. Ethnic Hungarians complain, however, that
Hungarian- language instruction at the elementary and secondary
levels is being reduced, and that the lack of opportunities
for higher education in Hungarian is creating a growing
shortage of qualified Hungarian-language teachers.

Gypsies, who number about 250,000, are the only other sizable
minority in Czechoslovakia. As elsewhere in Europe, they tend
to suffer from disproportionately high rates of poverty,
crime, and disease. However, their problems appear to result
as much from tradition and popular prejudice as from
government policies.

Approximately 30,000 Vietnamese laborers are temporarily
residing in Czechoslovakia. Reportedly, they are allowed to
retain two-thirds of their salary. The remainder is shared by
the Czechoslovak and Vietnamese Governments.

Women comprise 46.5 percent of the work force, but they tend
to be concentrated in lower-paying, less-skilled jobs. They
do, however, receive pay equal to their male colleagues if
they hold the same job. There are inconsistencies in the
responsibilities women are asked to assume: they are
encouraged to join the work force, but they are also offered
incentives to have children. Women are equal under the law,
and there are small numbers of women in the professions.
Female representation is very slight in higher-ranking party,
government, and managerial positions. There is only one woman
in the party Secretariat, and she holds her position by virtue
of being chairman of the Woman's League. There are no female
ministers or ambassadors.

CONDITIONS OF LABOR

The minimum age for full-time employment is 16, although
younger persons may accept part-time employment. The average
workweek is 42.5 hours. Beyond 45 hours, workers are paid
overtime, and there are additional bonuses for some shift and
weekend work. There is a nominal labor shortage induced by
low productivity and the underutilization of resources. The
need for unskilled and semiskilled labor is filled in part by
workers from other Communist countries. Working conditions
appear generally adequate, although less attention is paid to
occupational safety and the problem of environmental pollution
than in the West. When employee-management problems arise,
workers have little recourse since strikes and independent
labor organizations are prohibited, and the major
preoccupation of the state-controlled labor union is to ensure
that production plans are fulfilled.

900

DENMARK

Denmark is a constitutional monarchy with a strongly
established tradition of democratic parliamentary rule. The
reigning monarch is Queen Margrethe II. A cabinet headed by
the Prime Minister and accountable to the unicameral
Parliament (Folketing) has responsibility for government
decisions. The 179 members of the Folketing are elected in
free and open elections under a complex system of proportional
representation designed to protect the rights of minority
parties and to reflect the popular vote. Since late 1982,
Denmark has been governed by a four-party minority coalition
led by Prime Minister Schlueter ' s Conservative Party. The
coalition is dependent on support from other parties to
maintain a parliamentary majority.

Human rights are highly respected and well protected in
Denmark, both in principle and in practice. The Constitution
establishes the Folketing 's "ombudsman," to whom any citizen
may protest if he or she feels wrongly or unreasonably treated
by any Danish national or municipal authority. At the global
level, Denmark participates actively in a number of
international commissions concerned with the protection and
preservation of human rights.

Denmark has displayed a high degree of concern for the rights
of minorities, particularly the indigenous populations of
territories such as Greenland and the Faroe Islands, which now
enjoy broad powers of home rule.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no politically motivated killings.

b. Disappearance

Abductions, secret arrests, and clandestine detentions did not
occur .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Protection against torture and inhuman treatment is guaranteed
by law and respected in practice. A rehabilitation and
research center for torture victims established in 1983 in
Copenhagen treats patients in the refugee community. An
estimated 150 foreign torture victims obtain asylum yearly.

d. Arbitrary Arrest, Detention, or Exile

No person in Denmark can be deprived of personal liberty
without due process of law. Arrested individuals must be
taken before a judge within 24 hours of detention. The judge
has the authority to determine whether the person should be
detained in pretrial custody or released pending trial. The
Constitution makes provision for bail. Arrested individuals
have access to legal counsel of their choice or court-appointed
attorneys. Non-Danish speakers are provided with interpreters
at government expense. The occasional use of solitary
confinement during the pretrial custody period has been
criticized in the media, but police authorities maintain that

901

DENMARK

the isolation system continues to be used only in the most
serious crimes, such as narcotics violations.

Forced or compulsory labor is prohibited.

e. Denial of Fair Public Trial

Trials are generally public; judges are allowed to make
exceptions to this rule only in certain circumstances, such as
paternity and divorce trials. In criminal cases, trials are
only closed when it is necessary to protect the privacy of the
victim, such as in rape or child molestation cases, or when it
is deemed necessary to protect the identity of a witness. To
ensure a fair trial, Danish courts make extensive efforts to
obtain the facts of a case, and the rights of the accused are
carefully protected. All indigent defendants have the right
to a court-appointed attorney at government expense. The
defendant is free to change the court-appointed attorney.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under the Constitution, searches of the home, seizure and
examination of papers, and breaches of the secrecy of
communications are prohibited in the absence of a judicial
order, unless a particular exception is provided for by
statute. These provisions are respected in practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Denmark has a free and open society. A person may express an
opinion in written or oral form on any matter, subject only to
the condition that he or she may be held responsible in a
court of law if there are charges of libel or malicious
slander. Media representatives and private individuals make
full use of the freedom of expression. Criticism of the
Government or government policy is not a punishable offense,
and censorship is not practiced.

b. Freedom of Peaceful Assembly and Association

Danish residents are free to assemble and form associations
for any lawful purpose. Police are entitled to be present at
public meetings or demonstrations which could constitute a
danger to the public peace.

Approximately 85 percent of Danish wage earners are members of
trade unions. Under the General Agreement of 1960, workers
and employers acknowledged each other's right to organize.
Labor agreements and legislation protect the rights of workers
and employers and regulate the work environment.

c. Freedom of Religion

Under the Constitution, the Evangelical Lutheran Church is
recognized as the established church of Denmark. However,
religious freedom is guaranteed to all residents. No one may
be discriminated against because of religious beliefs. These
laws are strictly enforced in practice.

902

DENMARK

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Danes have complete freedom to travel and to reenter Denmark.
Denmark is a homogeneous ethnocentric society with
historically only a small number of nonnorthern European
residents who have been accorded a high level of acceptance.
Refugees and asylum-seekers are provided with travel documents,
when needed, which permit return to Denmark. Forced
repatriation is not utilized. The Alien Act of 1983 spells
out in detail the rights of aliens in Denmark and provides for
appeal procedures when residence permission is denied.
Measures designed to protect the rights of potential refugees
or asylum-seekers include the establishment of a Refugee Board
with authority to reverse decisions of the Alien Directorate
and guaranteed access to legal counsel and interpreter service.

Since 1983 there has been a massive influx of asylum-seekers.
Over 18,000 people have asked for asylum (mostly Sri Lankan
Tamils, Iranians, and Lebanese). This large number of
ethnically dissimilar people who require shelter, education,
and public assistance has generated additional pressure on the
Danish welfare system. The vast majority of Danish political
leaders continue to emphasize the need for Danish understanding
and acceptance of the recent arrivals, and many have spoken
out in favor of increased tolerance for other ethnic groups in
Denmark following the rise of tensions between native Danes
and immigrant groups.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Prime Minister is appointed by the reigning monarch after
consultation with the political parties represented in the
Folketing. Members of the Folketing are selected in open
elections in which every Danish citizen 18 years or over may
participate. A political party must obtain at least 2 percent
of the total vote to obtain representation in the Folketing.
Nine political parties with a variety of political beliefs are
represented in the current Parliament. The Constitution
states that parliamentary elections must be held at least
every 4 years. The government can be changed in an election
or, as happened in 1982, by the resignation of the government
in power and the formation of a new government composed of
parties already represented in the Folketing.

All Danish citizens and subjects are guaranteed equal
protection under the law. The territories of Greenland and
the Faroe Islands have home rule governments with broad powers
encompassing all but foreign and security affairs. Native
Greenlanders enjoy all the rights and privileges of other
Danish citizens. In addition, Greenland and Faroe
representation in the national Parliament is proportionately
larger than that for continental Denmark, and Greenland has a
special criminal code designed for local customs and
conditions. Native Greenlanders freely participate in
international ethnic organizations such as the Inuit
Circumpolar Conference, based in Greenland, which has been
recognized by the United Nations. Despite periodic
disagreements between home rule authorities and the
Government, there have been no formal accusations of human
rights violations made against the Government.

903

DENMARK

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of H\iman Rights

Denmark is a party to various international human rights
conventions designed to promote and protect human rights. The
Government's commitment to human rights issues is fully
supported by the Danish population, as shown in opinion polls.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.

The living standards and educational levels of native
Greenlanders (Eskimos) are lower than those of other Danish
citizens, but they are improving steadily, in part because of
heavy spending on housing, health, and education programs by
the Government .

The Equal Rights Council has worked successfully to eliminate
laws and regulations which contained sex discrimination
provisions. Women hold positions of authority at all levels
of society and actively participate at all levels of the
political process. They are in positions of authority in
political parties, local governments, and in the national
government. Women head three cabinet ministries (Agriculture,
Social Affairs, and Ecclesiastical Affairs) and hold about 26
percent of the seats in the Parliament.

CONDITIONS OF LABOR

The minimum age for the employment of children is 15, and
specific limitations described in detail in the Working
Environment Act of 1975 apply to the type of work which may be
performed by those between 15 and 18 years of age. This act
also describes acceptable conditions of work, including safety
and health; the general duties of employers, supervisors,
employees, and suppliers; the performance of work; rest
periods and rest days; and medical examinations. The act also
establishes a Labor Inspections Service. There is no minimum
wage, but the lowest wage level set in any national labor
negotiation is approximately the equivalent of US$6.40 per
hour. Denmark is now taking steps to reduce the standard
workweek from 40 to 39 hours. The "11-hour rule" stipulates
that any worker has the right to rest for 11 hours before the
start of the next day's work.

904

ESTONIA*

Estonia was an independent state between the two World Wars
but was annexed by the Soviet Union in 1940 as a constituent
republic of the U.S.S.R. The United States does not recognize
the forcible incorporation of Estonia into the U.S.S.R.

Like the other Baltic states, Estonia is subjected to the same
centralized rule, the same Constitution and judicial system,
and the same restrictions on civil and political liberties as
the republics of the Soviet Union. As implemented in other
republics, Soviet policy stresses gradual Russif ication and a
concomitant erosion of native Estonian culture and values.
Because of a low birthrate and an official settlement policy
that has resulted in an influx of Slavic, primarily Russian,
settlers in the recent past, Estonians make up only 63 percent
of the total population as compared to 92 percent in 1939.

The standard of living in Estonia is higher than the Soviet
average, but the margin is shrinking. Estonians maintain that
too much of the national income they generate is transferred
to other republics, and they complain of the declining
quantity and quality of food supplies and consumer goods.

Expressions of Estonian nationalist and religious sentiment
are harshly repressed by the Soviet authorities. During 1986
this repression led to serious human rights violations,
including harassment of those who attempted to publicize those
violations. All activists are under the threat of punishment
by incarceration for their activities.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Although Estonian activists have on occasion died in Soviet
custody, it is difficult to prove direct official
responsibility for the deaths of persons involved in political
dissent .

b. Disappearance

There are no known instances of permanent or prolonged
disappearance .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In Estonia, as throughout the Soviet Union, cruel and inhuman
treatment of political prisoners occurs during both
interrogations and confinement in labor camps, prisons, or
psychiatric hospitals. Physical and psychological abuse of
prisoner^ is common, as is detention under extremely unhealthy
conditions. Estonian religious activist Allan Alajaan was
freed in 1985 after spending 2 1/2 years in a psychiatric
hospital as punishment for attempting to flee the Soviet Union.

* Given Soviet control over all aspects of life in Estonia,
the systemic human rights abuses described in the report on
the U.S.S.R. apply also to Estonia. This report discusses
only instances of repression specific to Estonia.

905

ESTONIA

d. Arbitrary Arrest, Detention, or Exile

Soviet laws are written and interpreted in so broad a manner
that persons may be arrested and convicted for trying to
exercise their basic human rights. On July 19, 1985, Estonian
human rights activist Robert Vaitmaa was sentenced to 3 years
in a labor camp on charges of "resisting the authorities."
Vaitmaa had been arrested on May 7 after being forcibly
removed from an airplane while on his way to visit exiled
activist Tiit Madison.

e. Denial of Fair Public Trial

Despite guarantees of judicial objectivity in both the
Estonian and Soviet Constitutions, the State completely
controls the judicial process and, in political cases,
arbitrarily decides the outcome of all trials to suit its
requirements. No rights of a defendant override the
compelling "interests of the State."

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Government interference in personal life is pervasive through
the use of informers, mail censorship and confiscation,
electronic monitoring of telephones, and other means.
Contacts between Estonians and visitors from foreign countries
are strongly discouraged, and those who indulge in such
contacts are subject to harassment by the authorities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for most internationally accepted
political liberties provided that their exercise does not
threaten the security of the Socialist system. In practice,
the authorities do not tolerate dissident behavior of any
kind. Lutheran pastor Harri Motsnik was arrested on April 13,
1985, and convicted on charges of "anti-Soviet agitation and
propaganda," apparently on the basis of his outspoken
sermons. Motsnik was unexpectedly released on March 28, 1986,
(Good Friday) after a "renunciation" of his "subversive views"
was published in the Soviet press.

During the Estonian Writers Union Congress in April, several
novelists and poets complained about extensive literary
censorship which made it difficult to write about "the crimes
of the past" and "the era of repression." They called for
more openness, less bureaucratic interference in literature,
and less censorship.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for the right to associate in public
organizations, but the authorities subject all organizations
to their strict control. According to local sources, the
traditional torchlight march that marks the beginning and end
of the school year at the university in Tartu was canceled,
effective June 1986, because authorities perceived the march
as a potential forum for the expression of anti-Soviet
sentiment.

Soviet labor law and practice are enforced in Estonia.
Although the Constitution guarantees all Soviet citizens the

906

ESTONIA

right to form trade unions, any efforts by workers to exercise
this right, independently of state-controlled unions, are
repressed brutally. Soviet authorities remain concerned that
the ideas of the Polish Solidarity trade union movement might
spread, and they apply particular scrutiny to the Baltic
states. In Estonia the party leadership has denounced local
efforts to call strikes at state enterprises.

c. Freedom of Religion

Although the Soviet Constitution guarantees the right to
profess, or not to profess, any religion, both the party and
Government promote atheism while at best barely tolerating
organized religion. As part of an apparently official
campaign to reduce the authority and activities of the
Lutheran church, many Lutheran pastors have been called in for
questioning. Some have had their professional licenses
revoked.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement is neither guaranteed by law nor respected
in practice. The right to leave the Soviet Union and to
return is not respected. Over the past few years, several
Estonians have been imprisoned for allegedly "attempting to
leave the Soviet Union," including Enn Veerpalu in 1985. The
right to emigrate is also severely restricted. Many Soviet
Jews, for example, repeatedly have been denied permission to
emigrate, and the vast majority of Estonians are not even
allowed to apply. Nonetheless, in 1986 two Estonian families
with relatives in the United States were allowed to emigrate
after waiting many years, and on November 19, the Soviet press
agency TASS announced that Kaisa Randpere, the 3-year old
daughter of Estonian defectors Valdo Randpere and Leila
Miller, and her mother's parents would be allowed to emigrate
from the Soviet Union after a 2-year wait.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

Soviet authorities strictly forbid all political activity
outside the framework of the Communist Party.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Soviet Government rejects any foreign criticism of its
human rights record, maintaining that all internationally
recognized human rights are fully protected. The Government's
attitude toward investigation of the human rights situation in
Estonia is uncompromisingly negative and is reflected in the
harassment, and occasional expulsion, of foreigners who try to
cover human rights in the Soviet Union.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Discrimination on the basis of race, sex, or other grounds is
prohibited in the Constitution.

Tensions between ethnic Estonians and ethnic Russians are
always near the surface in Estonia, and they appear to be
increasing as the proportion of the Russian-speaking

907

ESTONIA

population grows. One manifestation of this is the reluctance
of Estonians to learn or use the Russian language. In 1979
only 24 percent of Estonians said they spoke Russian well, a
decline of 5 percent from 1970. Furthermore, Russian speakers
are often greeted with hostile glares. Both of these
developments run counter to efforts by the authorities to
promote the use of the Russian language. Many Estonians
report that Russians, both living in and visiting Estonia,
suffer frec[uent harassment, such as vandalism and physical and
verbal abuse. Tensions between ethnic Estonians and Russians
in Tartu reportedly erupted into street fighting lasting
several days in October 1985.

The language problem was a significant topic at the Estonian
Writers Union Congress in April. One writer, stating that the
right to use one's mother tongue in one's homeland is "the
inalienable right of every people," criticized organizations
and institutions in which the Estonian language was avoided.
Another writer noted that the teaching of Estonian in
Russian- language schools was not regarded as important. A
Russian writer stated that Russian-language schools have no
textbook for Estonian literature.

Women nominally enjoy the same legal rights as men. An
extensive system of day-care service and maternity benefits
enable women to obtain and retain employment outside the
home. However, women generally hold less remunerative
positions in the professions than men.

CONDITIONS OF LABOR

The statutory minimum age for the employment of children in
1986 was 16, and the standard workweek was 40 hours. The
minimum wage was set at $112 per month at the official rate of
exchange. According to the latest official data, the average
wage is about $272 per month. Soviet law requires, in general
terms, healthy and safe working conditions, but they usually
fall short of Western standards.

908

FINLAND

Finland is a constitutional republic, a democratic state built
upon the principle of the rule of law. Supreme executive
power is vested in the President. A cabinet, consisting of a
prime minister and 16 ministers responsible to Parliament,
works with the President in governing the country. Judicial
power is exercised by an independent judiciary consisting of
the Supreme Court and the Supreme Administrative Court. The
Finnish people freely choose a 200-member unicameral
parliament by direct election every 4 years. They also choose
electors every 6 years who in turn elect the President.
Reform of the presidential election system to introduce a more
direct popular vote is expected to be implemented in 1988. At
present, there are nine political parties represented in
Parliament, four of which form a center-left coalition
government .

The security apparatus is controlled by elected officials and
supervised by courts.

Finland has a mixed economy with state, private, and publicly
owned companies. Citizens are free to pursue private
interests, hold private property, and engage in economic
activity without government interference. Aliens generally may
own real property only with the Government's permission and
are prohibited from engaging in political activity.

During 1986 there were no reported violations in Finland of
fundamental human rights. National minorities enjoy the same
economic and political rights as the Finnish majority, and
women have equal legal status with men.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political motives did not occur.

b. Disappearance

There were no cases of disappearance, abduction, or
clandestine detention.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Freedom from torture and cruel, inhuman, or degrading
treatment or punishment is guaranteed by law and observed.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest and imprisonment or exile is
guaranteed by law and respected in practice. A suspect may be
detained by the police for questioning for 3 days, but for
special reasons not specified in the law this period may be
extended by 14 additional days. A suspect may, in the latter
case, be kept in custody only on order of an authority with
the right to remand a person for trial. That authority must
immediately notify the court of the extension. The accused is
permitted free access to a lawyer both during investigation
and following formal arrest. The State pays legal fees for
the indigent. A court hearing must take place within 8 days

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FINLAND

of notification of the arrest, if in a city, or within 30 days
in rural areas.

The circumstances of arrest are subject to judicial review
when the accused is brought to trial. Should the arrest be
shown to have been incorrect, or should the accused be found
innocent, he may apply to the same court for civil damages for
loss of freedom.

The Government introduced legislation in 1985 to change the
pretrial procedure. The detention period would be shortened
to 7 days, and the accused would have access to a lawyer
during that time. The purpose is to achieve uniformity with
the practice of other Western countries. Parliament's
Legislative Committee has proposed some changes in the bill to
ensure that the detention period will under no circumstances
exceed the maximum of 7 days .

The institutions of habeas corpus — a judicial determination of
the legality of a person's detention — and bail do not exist as
such in Finland. Those accused of serious crimes must by law
remain in custody. Those accused of minor offenses may be
released on personal recognizance at the court's discretion.

Preventive detention is authorized only during a declared
state of war for narrowly defined offenses, such as treason,
mutiny, and trafficking in arms. Supervisory personnel from
the Ministry of Justice and the Ministry of the Interior, as
well as the Parliamentary Ombudsman and the Chancellor of
Justice, have authority to enter prisons and to order the
release of prisoners held without charges. By law, Finnish
citizens cannot be exiled.

Legislation on the status of conscientious objectors to
Finland's obligatory military service was passed in 1985. It
took effect at the beginning of 1987 for a trial period of 5
years. Giving the individual the option of serving in the
military or becoming a conscientious objector, the law
abolishes the investigative board which previously decided
whether to confer the status of conscientious objector or
not. The new law also lengthens the alternative civilian
service for conscientious objectors to 16 months, twice the
minimum length of military service. Jehovah's Witnesses are
exempt from military service altogether under the law.

There is no compulsory labor.

e. Denial of Fair Public Trial

The right to fair public trial is guaranteed by law and
respected in practice. Finnish citizens and legal aliens have
the right to counsel. Charges must be clearly stated.
Civilians may not be tried by military courts except in time
of war. There are no separate security courts. Local courts
may conduct a trial behind closed doors in juvenile,
matrimonial, and guardianship cases, or when publicity would
offend morality or endanger national security. In national
security cases, the judge may withhold from the public any or
all information pertaining to charges against individuals,
verdicts, or sentencing. Sanctions may be imposed if such
information is made public.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

910

FINLAND

The right to privacy and the sanctity of the home, including
prohibition of eavesdropping and mail tampering, are
guaranteed by law and respected in practice. Security police
are subject by law to judiciary scrutiny.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Legal protection, an effective judiciary, an independent
press, and a functioning democratic political system assure
freedom of speech and press. The media occasionally exercises
restraint in treating issues deemed to be potentially harmful
to the national interest.

b. Freedom of Peaceful Assembly and Association

These freedoms are guaranteed by the Constitution. However,
if the purpose of association is to influence political
issues, only Finnish citizens may participate. Public
demonstrations require notification to the police.

Trade unions are constitutionally guaranteed the right to
organize, assemble peacefully, and strike. They enjoy a
protected status and play an important role in political and
economic life. Over 80 percent of the labor force is
organized in unions. A one million-member blue collar
confederation, the Central Organization of Finnish Trade
Unions (SAK), dominates the trade union movement. Three other
central organizations cover white collar, professional, and
technical employees. Trade unions are independent of the
Government. Most unions maintain relations with Nordic
counterparts. The four confederations also have bilateral
contacts with the Soviet All-Union Central Council of Trade
Unions. SAK and one white-collar confederation are members of
the International Confederation of Free Trade Unions. Two
affiliates of SAK have ties to Communist-dominated
international trade union organizations. Finnish trade unions
participate in the International Labor Organization.

The Government encourages voluntary organizations and
subsidizes private groups formed to achieve a public purpose.
They are permitted to maintain relations with other
international groups in both Communist and Western countries.
If the membership of such an organization is more than
one-third foreign, the group requires the Government's
permission to operate.

c. Freedom of Religion

Finland has two state religions: the Lutheran and the
Orthodox. Taxes are collected by the Government from members
to support these churches. Other Christians, Moslems, and
Jews enjoy unrestricted freedom of worship. Approximately 90
percent of the population belongs to the Lutheran Church.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Finns are free to travel within the area of the Nordic
countries — Finland, Sweden, Norway, Denmark, and
Iceland — without passports and need not apply for exit visas
for travel to other countries. Over 200,000 Finns emigrated
to Sweden in the past two decades to seek employment, and over

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FINLAND

one-half that number have returned. No restrictions have been
placed on emigration or repatriation.

The criteria which the Government applies when deciding to
grant political asylum are periodically debated. The
Government maintains that, "in accordance with the Geneva
Agreement, Finland gives asylum to individuals arriving (in
Finland) who have the characteristics of refugees determined
by the agreement." Eighteen persons applied for political
asylum in 1985, and in only one case was it granted; the other
17 persons, however, were granted the right to stay in Finland
for an unstipulated period of time. There were no documented
cases of forced repatriation of people claiming to be
refugees, although the Finnish press interviewed human rights
activists in 1986 who said that some people claiming to be
Soviet refugees were sent back to the Soviet Union. Finnish
Government spokesmen denied the reports. The Government has
categorically denied the existence of any agreement with the
Soviet Union regarding repatriation of Soviet refugees.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Finland is a multiparty, parliamentary democracy in which all
citizens over the age of 18 freely elect their representatives
from among multiple lists of candidates representing a wide
spectrum of political ideologies. The country has the longest
tradition of women's suffrage in Europe, and there are at
present 62 women representatives in Parliament and 3 women
cabinet ministers.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Finland participates actively in international human rights
organizations. It has not been the subject of an international
investigation of alleged human rights violations. Within
Finland, several organizations monitor human rights
performance, including the Finnish Red Cross, the government-
sponsored Council for Equality, the Women's Rights Union, and
Amnesty International. A Finnish Helsinki Watch group was
established in July 1985 but has not been active.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.

To redress existing inequities between the sexes, the Council
for Ec[uality coordinates and sponsors legislation to meet the
needs of women. A comprehensive Equal Rights Bill, which
ensures equal treatment for women in the workplace, will take
effect in 1987. An Equal Rights Ombudsman is to take office
at the same time. A new surname law, permitting women to
retain their maiden names after marriage as their only
surname, took effect in January 1986. It also makes it
possible for a husband to take his wife's surname.

CONDITIONS OF LABOR

Finland rigorously upholds international standards on working
conditions, child labor, and occupational safety and health.

912

FINLAND

The minimum age for full-time employment is 16 years.
However, the law permits youths of 14 and 15 years of age to
spend up to two-thirds of their school holidays at work up to
a maximum of 7 hours per day and 36 hours per week. Workers
under 18 years of age also work less than a standard workweek,
and night work is prohibited.

The minimum wage varies according to the industry but averages
approximately US$3.57 per hour. A 40-hour workweek is
standard, although persons in straight shift work have a
36-hour workweek, and those in certain occupations can work
longer in a week, subject to an 80-hour or 120-hour maximum in
2 or 3 weeks respectively.

Several laws protect workers while on the job and in transit
to and from their work. Enforcement machinery includes the
National Board of Labor Protection and labor protection
delegates elected by the workers themselves. Cooperation
between labor and management has been mandatory by statute
since 1974.

913

FRANCE

France is a democratic republic with constitutional guarantees
of human rights, freely functioning political parties, and
regular elections. Voter participation (with universal
suffrage) is high. Elections at the local as well as national
level are occasions for ideological and topical debate.

France has a highly developed industrial economy comprising a
mixture of public and private enterprises. The present
Government has begun a 5-year program to denationalize key
industries, banks, and certain services. Some had been
nationalized in 1946, while others became publicly owned
during the first year and a half of the Mitterrand Presidency
(circa 1982) .

The promotion of human rights is a principal tenet of French
foreign policy. French leaders speak out frequently on
worldwide abuses of human rights and often refer to the
protection of these rights within France. On taking office in
March 1986, Prime Minister Jacques Chirac created a new
position of Secretary of State for Human Rights to oversee
human rights issues relating to both domestic policies and
foreign affairs.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political killings by governmental forces did not occur in
France in 1986. Terrorist groups — particularly those of
Middle Eastern origin but also including some indigenous
groups — took responsibility for a number of violent,
politically motivated incidents on French soil in 1986. A
group calling itself the Committee for Solidarity with Arab
Political Prisoners, which is thought to be a cover name for
the Lebanese Armed Revolutionary Faction, carried out a series
of bombings in Paris that killed 10 people and wounded almost
200. Their motive was to force the French Government to
release several Middle Eastern terrorists from prison.

Basque separatist terrorists mounted several attacks in
France, including the machine-gunning of a gendarmerie post in
which one officer was killed. Both Action Directe (Direct
Action) and the Corsican National Liberation Front continued
their terrorist activities — mostly politically motivated
bombings — although on a smaller scale than in previous years.

b. Disappearance

There is no evidence that French security services have
engaged in abduction or secret arrests.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

France does not condone or practice torture or cruel, inhuman,
or degrading treatment or punishment.

d. Arbitrary Arrest, Detention, or Exile

French law guarantees freedom from arbitrary arrest and
imprisonment. There is no direct equivalent of habeas corpus

914

FRANCE

in the French legal system, but there is a limit of 2 days —
4 for drug and terrorist cases — before a suspect must be
transferred to a magistrate for investigation.

The French judiciary plays a determining role in the detention
process. Government authority to hold a person beyond the
prescribed periods is severely restricted, and such detention
must be ordered by the competent court. As part of continuing
reforms in the legal system, the Minister of Justice proposed
a series of measures aimed at facilitating the ability of the
police to deal with terrorists.

In an effort to contain violence and in response to requests
from the Spanish Government, the French Government continued
its policy of "assigned residence," moving Spanish emigre
Basques suspected of terrorist connections to towns in
northern France. Whereas in past years the French Government
expelled certain suspected Basque terrorists to Latin America
and Africa, in 1986 it initiated a policy of expelling such
suspected terrorists, who were believed to be involved in
terrorist attacks, to Spain. The Government has expelled more
than 10 Basques under this more recent policy, which is
allowed by a 1945 legal procedure called "absolute emergency,"
under which the Government can expel without legal proceedings
foreigners suspected of posing a threat to the security of the
State.

In general, the new Government still sets great store by
France's tradition as a refuge for victims of political and
religious persecution.

There is no forced or compulsory labor in France.

e. Denial of Fair Public Trial

The right of fair public trial is guaranteed by law and
respected in practice. Suspects have the right to legal
counsel as soon as their cases are transferred from the police
to the magistrate. For misdemeanors, pretrial confinement is
limited normally to 4 months, with possible extensions in
special circumstances not to exceed 8 months. For felonies,
pretrial confinement is not limited. French law provides for
the right of appeal, except in jury trials of felony cases.
An appeal to the Cour de Cassation is possible in felony
cases, but this court rules only on procedure. No appeal that
involves review of the facts of the case is possible.

Trials in France are normally open and public, though
provisions exist for the defense to request a closed
proceeding. The press has free access to records of court
proceedings, although under French law the prosecutor may not
disclose information about cases being tried or investigated.
There is no evidence that the authorities detain any person
for political reasons.

Pending completion of legislative reforms, legal proceedings
have been suspended against individuals whose requests for
conscientious objector status were rejected. There are still
some persons, however, serving prison terms imposed prior to
1983 by the now defunct Permanent Tribunals of the Armed
Forces because they did not present such requests and refused
military service.

915

FRANCE

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Freedom from invasion of privacy is guaranteed by French law,
and this freedom is respected in practice. The search of a
private residence requires a search warrant and must take
place between 9 a.m. and 6 p.m. except in special
circumstances, such as drug cases, when the search can be
undertaken at any time. Telephone conversations may be
monitored in conjunction with criminal proceedings with a
court order and in national security cases with administrative
approval from the agency conducting the investigation. The
authorities have occasionally opened correspondence to enforce
currency regulations, though this is not a widespread practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are guaranteed by law and respected in
practice. Newspapers and magazines are free from government
control and carry views ranging across the political
spectrum. Major radio and television stations are publicly
owned, although the Government is not directly involved in
their daily operation and does not seem to limit broadcast
press freedom. Since 1983 private "free" radio stations have
been in operation. In August 1986, the Government sponsored a
major reform of audiovisual policy. One national television
station will be privatized, and two new private channels
relicensed. The law also creates a new independent body with
broad authority to oversee the audiovisual field.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is
constitutionally guaranteed and usually respected. In
December large numbers of students demonstrated against a
proposed reform in the education law. The protests continued
for several days with a small number of participants involved
in unruliness and vandalism into the small hours of the
morning. One student, Malik Oussekine, died after receiving
blows from the police in an incident that has been submitted
for judicial review.

Labor unions have the right to organize free from government
control. Although only one-fifth of labor is unionized, trade
unions exercise significant economic and political influence.
They are present and active in numerous tripartite
(government, employers, and labor) bodies dealing with social
matters, including labor courts and the Economic and Social
Council, a constitutionally mandated consultative body. All
unions are technically independent of the political parties,
but many of the leaders of France's largest union, the General
Confederation of Labor, belong to the Communist Party. (The
General Secretary traditionally is a member of the Communist
Party political bureau. ) Leaders of most other unions are
members of one or another faction of the Socialist Party,
although members of other parties are also active in the labor
movement. All unions and employers associations are very
active in the International Labor Organization and other
international organizations, including all three world trade
union confederations. A Frenchman is President of the World
Employers Association. French workers are free to strike,
with a few minor exceptions in cases where strikes are
determined to be a threat to public safety.

916

FRANCE

c. Freedom of Religion

Roman Catholics comprise by far the largest religious group in
France. Separation of church and state is guaranteed by law.
All religious groups function freely without persecution.
Despite strong initial public opposition to proposed
legislation regarding private (largely Catholic) schools, the
Government in 1984-85 succeeded in passing compromise
education reform measures which allow public authorities some
say in private school personnel practices. Private and
parochial schools receive substantial subsidies from the
Ministry of Public Education.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

French law provides for freedom of internal movement, foreign
travel, emigration, and repatriation. Arriving refugees,
intending emigrants, and intending repatriates can undertake
foreign travel and, in most instances, return to France.
Although new measures to control immigration proposed in 1986
could sharply restrict the right of some aliens to settle
their families in France and would narrow the eligibility
rules for those seeking French nationality, France has an
extensive record of refugee aid and resettlement.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Constitution guarantees the equality of all citizens
before the law, without regard to origin, race, or religion.
All French citizens of both sexes who have reached majority
may vote. These provisions are fully respected in practice.

A wide variety of political parties compete freely in
elections. In addition to national, presidential, and
legislative elections, there are regularly scheduled local
elections. For several years, the Government has been
transferring selected powers from the executive branch to the
locally elected assemblies. Many special interest groups —
business, labor, veterans, consumer advocates, ecologists, and
others — organize freely and regularly support candidates for
elective office. While isolated incidents of racial,
religious, or political discrimination occur, particularly
against the large immigrant community, authorities
consistently condemn such incidents. The Government passed a
law in 1985 guaranteeing a vote on self-determination in the
French Overseas Territory of New Caledonia before the end of
1987, and the current Prime Minister, during an August visit,
promised a vote by the end of July 1987.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

France has traditionally been a leader in the human rights
area. Human rights organizations, including Amnesty
International and the International Federation for Human
Rights, operate freely in France.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The authorities do not condone discrimination based on race,
religion, sex, ethnic background, or political opinion.

917

FRANCE

Women have equal status under the law, but they remain engaged
in continuing efforts to maintain and strengthen their
rights. A Women's Bureau in the Ministry of Social Affairs
and Employment is charged with promoting women's rights. The
Government has taken steps to close loopholes in French
legislation on sex discrimination in the workplace and to
eliminate sexist advertising. In 1985 it passed legislation
to ensure more equality in marriage rights. Generally
speaking, women in France received 25.2 percent less pay than
men for equivalent work in the private sector in 1985. In
professional categories, women's salaries for equivalent work
were 26 percent behind men's salaries. In unskilled
production categories, women received 16.6 percent less pay,
with an average of 19 percent less for semiskilled work.

The rights of linguistic and ethnic minorities are protected,
whether in metropolitan France or in overseas territories
subject to French authority. The right of immigrants legally
admitted to France to coexist peacefully without assimilating
completely into French culture is recognized. Legislation
simplifying the expulsion of illegal immigrants and tightening
immigration procedures has been passed. In New Caledonia,
deep-rooted antagonisms between ethnic communities exist,
leaving a potential for violence. Exceptional measures by the
Government could be required to quell violence, if it were to
erupt. Similarly, there is a potential for renewed violence
in the overseas department of Guadeloupe.

CONDITIONS OF LABOR

With a few minor exceptions for those enrolled in recognized
apprenticeship programs, children under the age of 16 may not
be employed. Certain categories of work considered to be
arduous and night work (10 p.m. to 5 a.m.) may not be
performed by persons under the age of 18 or by women in
manufacturing, mining, the public sector, unions, and
nonprofit organizations, with the exception of women with
managerial responsibilities. This prohibition does not apply
to women in commercial establishments, entertainment, or the
health sector where no manual work is involved.

France has a minimum wage of about $4 an hour. The standard
workweek is 39 hours, and overtime is controlled. In general
terms, French labor legislation and practice, including that
pertaining to occupational safety and health, are fully
compatible with those in other industrialized market economy
countries. The minimum wage is somewhat less in the overseas
departments, and not all social legislation applies in the
overseas territories.

918

GERMAN DEMOCRATIC REPUBLIC

The German Democratic Republic (G.D.R.) was created in 1949 as
a Communist state out of the Soviet occupation zone of
Germany. There are still approximately 380,000 Soviet troops
stationed on its soil. The country is ruled by the Communist
Party, known as the Socialist Unity Party (SED), which closely
resembles the Soviet model. Four other parties, whose
existence is tolerated, have no real power or independence,
and the SED leadership makes all important political,
economic, and social decisions.

Despite such formidable barriers as the Berlin Wall, deep
historical, cultural, linguistic, and family ties remain
between the people of the German Democratic Republic and those
of the Federal Republic of Germany. Concern that such ties
and constant exposure to Western values could undermine
support for the Communist system is a central reason for the
Government's tight control over its population. For this
purpose, the Government has an efficient and pervasive
security apparatus administered by the Ministries of the
Interior and State Security. Together, they employ
approximately 300,000 people.

The G.D.R. has a centrally planned economy in which the bulk
of industrial and agricultural property is state owned.
Although holding private property is permitted, controls are
placed on its acquisition, inheritance, and the income derived
from it. Private businesses are few and tightly controlled.

The G.D.R. continues to restrict the fundamental freedoms of
thought, speech, religion, assembly, and travel. A large
secret police apparatus, which is supplemented by informers,
opens mail, installs listening devices, places people under
surveillance, subjects them to interrogation and intimidation,
and arrests them without due process.

In 1986 the rate of emigration from the G.D.R. is expected to
equal or slightly exceed the rate for 1985, which was the
G.D.R. 's most liberal year for emigration with the exception
of 1984, when 35,000 left in an unprecedented "emigration
wave." In 1985 over 21,000 people left the G.D.R. with
Government permission, most departing for the Federal Republic
of Germany; however, it is estimated that another 300,000 to
500,000 wish to leave.

Since the beginning of 1986, the Government has allowed an
unusually large number of G.D.R. citizens below retirement age
to travel to the West on family matters. ;^lthough it has not
formally relaxed its rigid restrictions and controls on
travel, the Government is increasingly making exceptions to
its own rules. In 1985 over 66,000 people from the G.D.R.
were permitted such travel; it is estimated that the 1986
figure will be more than 200,000.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Incidents of concern in 1986 involved persons attempting to
leave the German Democratic Republic illegally. A 1982 law
codified confidential orders to border guards that they should
shoot, if necessary, to prevent a person from leaving the

919

GERMAN DEMOCRATIC REPUBLIC

country without permission. A number of shooting incidents
along the Berlin Wall in 1986 served as reminders that this
law is still in force, despite some press reports to the
contrary. In early September,, border guards continued
shooting at a GD.R. automobile, which had attempted to cross
through the Drewitz control point, even after the vehicle had
been brought to a stop. The driver was then carried away,
apparently lifeless. This was the first apparent killing of a
would-be escapee since 1984. Similarly, a young man was shot
and killed by border guards as he attempted to cross the Wall
on November 24. Individuals and police in West Berlin have
reported hearing shots during a number of other escape
attempts in the past 4 months.

Unauthorized border crossings have decreased steadily since
1982 to a low of 160 for 1985. Although the Government has
claimed to have removed some of the more lethal barriers along
its borders, such as automatic shooting devices and
minefields, it has increased the height of the border fence to
3 meters, set up 150 kilometers of dog runs, and begun
expanding its system of barriers on the inner-German border to
a depth of approximately 20 kilometers. Any who attempt
escape still risk death. No exact figure for the number of
unsuccessful escape attempts, and resulting deaths, can be
given since border guards from the Federal Republic of Germany
are not necessarily aware of all incidents.

b. Disappearance

There were no reports of permanent disappearance.

c. Torture, and Cruel, Inhuman, or Degrading Treatment or
Punishment

Specific laws state that life, health, and the ability to work
of arrestees and prisoners must not be jeopardized. However,
citizens who fled the country in 1986 have reported cruel
treatment by prison officials, including the beating and
hanging of prisoners by their hands for periods of several
hours. In addition, former prisoners and detainees have
reported excessively harsh conditions and psychological strain
in G.D.R. prisons.

In a special resolution in September 1986, the Council of
Europe denounced prison conditions in the G.D.R. and called
upon the Government to uphold the principles of the United
Nations International Covenant on Civil and Political Rights
which it ratified in 1973. The Council of Europe criticized
such practices as denial of sleep, threats of repression
against family members, unhealthful conditions during forced
labor, inadequate food and medical care, and the placing of
prisoners in overcrowded cells. The Council of Europe also
claimed that female prisoners are often separated from their
infants born in prison. There have also been reports of
prisoners subjected to extended periods of solitary
confinement. According to newspaper accounts, former border
guard Bodo Strelow has been in solitary confinement for the
past 6 years as punishment for a failed escape. Mr. Strelow
was sentenced to life-long imprisonment despite injuries
suffered during the escape attempt which resulted in the loss
of an eye and his hearing.

66-986 0-87-30

920

GERMAN DEMOCRATIC REPUBLIC

d. Arbitrary Arrest, Detention, or Exile

The police have blanket authority to detain and interrogate
G.D.R. citizens on suspicion alone. G.D.R. citizens who
become particularly active in officially disapproved ways are
sometimes subject to repeated harassment, such as regular
police interrogations, despite the absence of formal charges.
They may be arrested with or without warrants and merely for
expressing dissenting views. When held in detention, a person
does not have the right to a judicial determination of
continued detention.

Although the criminal procedure code sets a limit of 3 months
on investigatory proceedings, prosecuting authorities appear
to have no difficulty in extending this period. In most
political cases it takes longer than 24 hours — often many
weeks — before interested parties are notified of the arrest.
Furthermore, the code does not specify a maximum time period
which may elapse before a detained person may see a lawyer.
Although the code guarantees access to a defense attorney, the
prosecutor may monitor or restrict contacts between the
defense attorney and his client as he sees fit.

Charges filed in clearly political cases are often based on
laws which are written in vague and general language. The
penal code provides, for instance, that the transmission of
information "detrimental to the interests of the German
Democratic Republic," even if it is not secret, may be
considered treason. Laws against "anti-State agitation" and
"asocial behavior (parasitism)" are often applied selectively
against citizens who become politically active. Their broad
and vague wording severely restricts the possibility for
defense. Amnesty International states that it has yet to
learn of an acquittal when a prisoner has been brought to
trial under these laws.

Forced labor as a means of political coercion or education is
not practiced in the G.D.R.

e. Denial of Fair Public Trial

In cases involving security and political issues, judges may
bar individuals or groups from "open trials." Prisoners are
allowed to choose a lawyer from a list of those available in
their area. However, all attorneys are state employees, and
only a handful are willing to take on political cases. Until
investigatory proceedings are completed, prisoners may see
their lawyers only in the presence of the police and may
discuss only matters not relating to the case. Discussion of
a case itself usually takes place in a brief interview shortly
before a trial. Attorneys are not allowed to make photocopies
or tape recordings of their clients' files; files may be
reviewed only in court, and notes must be taken in longhand.

Trials tend to be short and perfunctory. Constitutionally,
the courts are under the control of the Council of State; in
reality, they are controlled by the SED, which appoints the
judges. Military courts try civilians only in military
espionage cases.

The Government does not admit to having political prisoners,
nor does it publish statistics which would assist in
determining the number of political prisoners held. However,
in early December in Bonn, the Minister for Inner-German
Relations announced that his Ministry had bought freedom for

921

GERMAN DEMOCRATIC REPUBLIC

some 2,500 political prisoners from the G.D.R. At the same
time, the Salzgitter center in the Federal Republic of
Germany, which monitors G.D.R. human rights abuses, has
registered 24,716 prosecutions for political offenses in the
German Democratic Republic over the past 25 years. Such
prosecutions generally result in a prison sentence of 18 to 24
months. Most observers agree that approximately half of all
political prisoners are in jail because of efforts to emigrate.

The West German-based International Society for Human Rights
estimates that there are 6,000 political prisoners, while
Helsinki Watch reports estimates of political prisoners that
range from 7,000 to 10,000. Sources at the Permanent
Representation of the Federal Republic of Germany in East
Berlin and Radio Free Europe have stated publicly that "over
1,000" people in the G.D.R. are presently imprisoned for their
desire to emigrate. In a discussion in December with the
press, the Minister for Inner-German Relations in Bonn
estimated that there are at present approximately 2,000
political prisoners in the German Democratic Republic, 1,025
of whom are known by name to his Ministry.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

By law, the police need authorization to enter and search a
house. But they may authorize entry themselves, and the
courts will retroactively give approval. It is routine and
legal for the state security organs to tap telephones and open
mail, solely on their own authority. Evidence thus obtained
can be used in court. The Government has instilled a
widespread belief that state security informants are
ubiquitous and discovery of opposition to the State is certain.

All printed materials require an official permit. Only
magazines and newspapers bearing a postal license may be
legally imported and distributed. West German television can
be viewed by 80 percent of the G.D.R. populace, and Western
radio broadcasts can be heard throughout the country. The
Governinent does not attempt to jam or otherwise hinder these
broadcasts .

Young people are not forced to join the SED ' s youth movement,
the Free German Youth, but school and government authorities
make it clear that failure to join this group will limit
educational and job opportunities. Helsinki Watch reports
that 15- and 16-year-olds must attend a 2-week paramilitary
training camp where they learn such skills as using weapons
and throwing grenades.

G.D.R. citizens must obtain government permission to marry
foreigners. The Government appears to be following faithfully
the letter of an October 1983 law which specifies that
authorities should decide on applications for binational
marriage within 6 months of submission of the application.
Assembling documents for submission can be time-consuming,
however .

G.D.R. citizens in positions deemed "sensitive" by the
Government may not be visited by or even maintain contacts
with close relatives who live in the West.

922

GERMAN DEMOCRATIC REPUBLIC

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech is severely circumscribed. Unauthorized
public expressions of dissent are often punished with prison
sentences. According to church sources, in 1986 an
electrician in Jena was sentenced to 2 years' imprisonment for
painting a slogan criticizing the G.D.R.'s elections on a
house facade. Also in Jena, another citizen was sentenced to
8 months' imprisonment for pasting an unauthorized collage
made of G.D.R. newspaper cuttings on his apartment door.
Other young citizens in Jena were fined for taking part in an
unauthorized "open-air breakfast." Jena authorities are known
to be particularly intolerant since their city was a center of
dissent in the late 1970 's and early 1980 's.

The authorities also seek to control the opinions citizens
express while abroad. They recently refused permission to
author Lutz Rathenow to visit the United States at the
invitation of the University of Texas. In a letter to Mr.
Rathenow, the Ministry of Culture justified its decision by
stating that only cultural figures who will present a positive
image of the country will be allowed to travel abroad.

The Government controls and censors all media and licenses all
publications before their distribution. Helsinki Watch
reported that in 1986 even church newspapers, usually subject
to less censorship, were delayed or withdrawn from publication
for trying to publish material on such issues as the
independent peace movement and state environmental policies.

Western newspapers and magazines, other than politically
acceptable publications such as those of Western Communist
parties, are unavailable to the general public. Small
quantities of Western journals are for sale for hard currency
in international hotels upon request. Some libraries,
university departments, and official institutes also receive
Western journals, but circulation is highly restricted.
G.D.R. and Western travelers may be interrogated or arrested
simply for possessing unlicensed printed material. Contact
with Western journalists is severely limited by law; for the
average citizen, such contact is illegal.

The SED conceives of art and literature as a means of
promoting political goals. Works are judged on the basis of
their conformity to "socialist realism," i.e., whether they
convey a clear, optimistic view of Communist society and
goals. Contrary views or perceptions are discouraged or
censored. Professional associations for writers and artists
are headed by party members and controlled by the State.
Dissidents and critics have been expelled and deprived of
important professional privileges. Publishing houses practice
self-censorship, and works must receive official clearance
before they are published, performed, or exhibited. Some
works are banned completely; others may be published only
outside the country under contracts negotiated by the
state-run agencies; others are permitted to be published,
performed, or exhibited in the German Democratic Republic only
in edited form. Cultural figures continue to emigrate to the
Federal Republic of Germany to escape these government
restrictions .

Individual academic freedom is severely limited and even
formally restricted by law. The State views education as an

923

GERMAN DEMOCRATIC REPUBLIC

instrument for "building socialism." All areas of academic
inquiry are strictly controlled. Teachers who allow open
classroom discussion of unapproved themes or topics or who
deviate from the party line are disciplined. Many books are
prohibited totally; others are permitted only in university
libraries to which only carefully screened and authorized
personnel are allowed access.

b. Freedom of Peaceful Assembly and Association

The formation of private organizations or clubs also requires
state permission. Although the Constitution provides for
freedom of assembly, only the Christian churches have
maintained the ability to organize meetings without prior
state approval, although even they exercise self-censorship to
avoid unduly antagonizing the State.

Workers do not have the right to establish and join unions of
their own choosing. The Free German Trade Union is an
appendage of the SED . It is made up of 16 unions covering all
workers and professionals. Its role is to enforce and promote
official government and party policies rather than to promote
members' interests which might conflict with those policies.

The right to strike does not exist; nowever, there are
occasional reports of wildcat strikes. One such strike
reportedly occurred in Karl-Marx-Stadt district in September.
The workers' objective was the partial payment of wages in
hard currency, which is increasingly necessary to obtain not
only luxury goods but also many basic amenities. Reportedly,
the workers were not punished for their illegal strike, as
they had not "agitated against the Socialist State."

c. Freedom of Religion

The Constitution guarantees freedom of religious belief and
worship, but the State officially promotes atheism. In
practice, the State tolerates, although it does not encourage,
religious activity. Overt adherence to religious beliefs may
result in disqualification for preferred jobs and educational
opportunities, although the largest religious community, the
mainly Lutheran Evangelical Church, has had some success in
pleading the cases of its members who have suffered such
discrimination .

Clergy and lay members of Western churches have been permitted
to attend church synods and conferences at a national
ecumenical level, and some religious leaders have been allowed
to attend similar meetings in the West. The authorities
prohibit official relations between congregations in the
German Democratic Republic and Federal Republic of Germany,
and they often do not permit personal visits by West German
clergy when they suspect church business will be discussed.

The churches remain under continuing government pressure to
watch their words and deeds, and the secret police continue to
monitor church-sponsored events closely. Nevertheless, the
Evangelical Church remains the only institutional forum where
divergent opinions can be expressed with relative freedom.

New churches continue to be built in limited numbers with
government approval. The Government has demonstrated some
flexibility in its treatment of minority religions. However,
it recently reaffirmed a ban on organized activities by
Christian Scientists and Jehovah's Witnesses.

924

GERMAN DEMOCRATIC REPUBLIC

d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation

Most citizens can travel freely within the country, except
near borders or military installations. They are not allowed
to change their place of residence without government
permission. All citizens must carry identification cards
which the police have the right to check at will. Because of
their criminal or political activities, including the filing
of emigration applications, approximately 60,000 citizens
carry a special identification card called PM-12, which in
many but not all cases restricts domestic as well as foreign
travel .

Foreign travel is tightly controlled. Exit visas are req\iired
for travel to other Communist countries except Czechoslovakia,
and travel to Poland is restricted.

In general, travel to non-Communist countries is not allowed
until citizens reach retirement age (60 for women, 65 for
men). On a case by case basis, the Government also permits
its citizens below retirement age to travel to the West,
chiefly the Federal Republic of Germany, on urgent family
matters, narrowly defined as births, deaths, marriages, and
significant birthdays and anniversaries for first-degree
relatives (spouses, children, siblings).

Since the beginning of 1986, the Government has experimented
with easing these travel restrictions. Although the
regulations have not formally changed, the authorities are
increasingly making exceptions to their own rules. Over
200,000 citizens travelled to the Federal Republic in 1986,
compared with 66,000 for all of 1985. Of these, less than 1
percent have not returned to the G.D.R.

The Inner-German Ministry in Bonn reported in mid-December
that more than 24,000 G.D.R. citizens moved to the Federal
Republic during the first 11 months of 1986. That figure
compares favorably with the 21,428 who emigrated in 1985, the
G.D.R. 's second most liberal year for emigration, but is
considerably less than the 35,407 who left the G.D.R. in
1984. Nonetheless, only a fraction of those wishing to leave
have been allowed to do so.

A law effective October 15, 1983 narrowly restricts cases of
family reunification to first-degree relatives (parents or
children) and spouses. Though some citizens other than those
with first-degree relatives have been allowed to leave, the
narrow definition of eligibility for emigration has created
difficulties for the large majority of applicants. Many
successful applicants wait from 1 to 5 years for permission to
leave, often in the meantime suffering loss of employment and
even imprisonment.

Those who left the country illegally before January 1, 1981
are eligible to apply for permission to visit, but reportedly
only half of those who have applied have obtained visas.
Those who fled after 1980 face criminal prosecution if they
return. Those who emigrate legally must generally wait 5
years before they are permitted to return again.

925

GERMAN DEMOCRATIC REPUBLIC

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Government is completely dominated by the Socialist Unity
Party. Although four other parties are represented in the
Government, they are not permitted to challenge Communist
doctrine or control. All decisions are made by the SED
leadership; lower-level representatives are expected only to
approve and to carry out these decisions. The unicameral
legislature, the Volkskammer (People's Chamber), never rejects
government proposals. The SED also determines who will fill
executive positions in the Government and ensures that its
members fill a majority of the positions.

All parties and mass organizations (such as trade unions) are
represented in the National Front, which is controlled by the
SED. For election purposes, the National Front prepares lists
of approved candidates according to a formula which ensures
the SED ' s complete domination. The list of candidates on a
ballot exceeds the number of available seats, and a candidate
high on the list may be rejected if more than 50 percent of
voters cross his name off the ballot. In such a case, a
candidate lower on the list may be elected. This is last
known to have happened in a provincial election over 20 years
ago.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Although the German Democratic Republic is a signatory of the
Final Act of the Conference on Security and Cooperation in
Europe, it has generally taken the position that inquiries
into its human rights policies constitute interference in its
internal affairs. Requests by private human rights groups in
the West for information on human rights conditions go
unanswered, and the Government does not permit visits by such
groups. Unofficial human rights groups are formed from time
to time, but their members face immediate surveillance and
harassment by the secret police, as well as arrest if their
activities are deemed threatening to the Government. These
groups occasionally receive the attention of the West German
press, but their influence inside the G.D.R. is negligible.
Total membership in such unofficial human rights groups is
probably not higher than 100 to 200. The government-sponsored
Committee for the Protection of Human Rights does not attempt
to safeguard the human rights of G.D.R. citizens but
criticizes human rights conditions in other countries while
claiming there are no problems in the G.D.R.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

An extensive social welfare system provides free medical care
to the population without discrimination. Men and women are
treated equally in most respects. The retirement age for
women is 60, for men 65. As one of the many incentives to
increase the birth rate, women are given extensive maternity
leave with pay. Eighty-seven percent of women of working age
are employed, and a comprehensive child care system exists for
working parents. Women are given 1 day a month off to do
household shopping, as are single or divorced fathers with
custody of children. Women can be found in all professions
except the military, from which they are exempt except in
times of war. There are few women in high positions in the

926

GERMAN DEMOCRATIC REPUBLIC

party and Government and in most professions, although they
are well represented in the medical profession.

CONDITIONS OF LABOR

The German Democratic Republic has a highly industrialized,
centrally planned economy. All large industrial, retail, and
agricultural properties are state owned, but small private
businesses with fewer than 10 employees are permitted. Over
90 percent of the farmland are collectivized or state owned,
and only 2 percent of the labor force are still privately
employed.

The average workweek remains 43-1/2 hours, and a 2-day weekend
is common. Shift work has become increasingly common. An
average worker earns about $560 per month, with the lowest
paid workers receiving between $305-405 per month at the
official exchange rate. Minimum paid holidays total 18
workdays a year, and certain persons, such as mothers with
small children, have the right to additional days of paid
holidays .

Working conditions, especially in mining and industry, are
often difficult. The Government has, however, had some
success in reducing the relatively high rate of accidents in
the workplace.

Children may work part-time during vacations and to further
their education from age 14 onwards, and full-time with
permission of their parents between ages 14 and 18. Children
under the age of 18 may not work between 6 p.m. and 6 a.m.

927

FEDERAL REPUBLIC OF GERMANY

The Federal Republic of Germany (F.R.G.) is a vigorous and
modern parliamentary democracy. The population is well
educated, and its highly industrialized economy provides one
of the highest standards of living in the world. The
Government scrupulously protects human rights. It does not
subordinate women or any other social group.

On the national level, power is divided among executive,
legislative, and judicial branches. There is also division of
governmental authority between national and state
governments. The latter retain significant autonomy,
especially in matters relating to law enforcement and the
courts, culture and education, the environment, and social
assistance. The head of the Federal Government, the
Chancellor, is elected by the Bundestag, the lower house of
Parliament. The powers of the Chancellor and of the
Parliament, which are substantial, are set down in the Basic
Law, the F.R.G. 's constitution, which was adopted in 1949.
The Bundestag is elected through a mixture of direct
constituency candidates and party lists. Members of the
second house of Parliament, or Bundesrat, are appointed by the
state governmemis.

The Federal Republic has been ruled since its creation by
governments headed by one of the two major parties, the
Christian Democratic Union (CDU) or the Social Democratic
Party (SPD), usually in coalition with a third party, the Free
Democratic Party (FDP) . The current Government, which was
returned to office in the January 25 national elections, is
led by a coalition of the CDU, joined by its Bavarian sister
party, the Christian Social Union (CSU), and the Free
Democratic Party (FDP) . The SPD is the leading opposition
party. A second opposition party, the Greens, has been
present in the Bundestag since the election of Marcn 1983.

Organized essentially at the state (Land) level and operating
under the direction of state governments, the police are well
trained, disciplined, and scrupulously respectful of
citizens' rights. In dealing with hostile elements, including
terrorists, special care is taken to respect the rights of the
accused.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Politically motivated killing by the Government or by legal
political organizations is unknown. Terrorist groups on the
far left (the Red Army Faction, or RAF) and the far right
(neo-Nazi groups) and Middle East terrorists continue to
sanction or engage in political violence, particularly
bombing. There were several politically motivated attacks
resulting in deaths during 1986, including the Libyan
terrorist bombing of the West Berlin discotheque "La Belle" on
April 5, resulting in 3 dead and 191 injured; the RAF bombing
attack against Siemens manager Karl Heinz Beckurts and his
driver in Munich on July 9, killing both individuals; the car
bomb attack against the Federal Office for the Protection of
the Constitution in Cologne on September 8, resulting in one
injury; and the RAF murder of senior German diplomat Gerold
von Braunmuehl on October 10 in Bonn.

928

FEDERAL REPUBLIC OF GERMANY

b. Disappearance

Governmental or police authorities do not abduct, secretly
arrest, or otherwise illegally detain persons. There have
been no kidnapings by political terrorist groups for several
years .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Police authorities do not physically or mentally torture
prisoners, nor do they engage in cruel, inhuman, or degrading
treatment short of torture. Prison conditions are adequate.
In its 1986 Report (covering 1985), Amnesty International
expressed concern about instances in which convicted
terrorists have been placed under special restrictions in
prison.

d. Arbitrary Arrest, Detention, or Exile

No person may be arrested in the Federal Republic except on
the basis of an arrest warrant issued by a competent judicial
authority. Any person detained by the police must be brought
before a judge and charged no later than the end of the day
following the day of apprehension. There is no preventive
detention except that a prisoner may be held in custody no
longer than 24 hours while awaiting a formal charge if there
is evidence that he might seek to flee the country to avoid
prosecution. The right of free access to legal counsel has
been restricted only in the cases of some terrorists who are
thought to have used contacts with lawyers to promote and
continue terrorist activity even while in prison.

In its 1986 Report, Amnesty International expressed concern
over the length of pretrial detention spent in isolation by
persons detained on suspicion of terrorism. Only judges may
decide on the admissibility or continuation of any deprivation
of liberty. Bail bond exists in the Federal Republic but is
seldom employed. There is no exile.

There is no forced or compulsory labor.

e. Denial of Fair Public Trial

Trials are public. The Basic Law assures due process and
prohibits double jeopardy. The judiciary is free of both
government interference and intimidation by terrorists. There
are no political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The sanctity of the home is guaranteed by the Basic Law and
fully respected in practice. Prior to forcible entry by
police into a home, a warrant must be issued by a judge or, in
an emergency, by a public prosecutor. Electronic surveillance
or monitoring of mail may be undertaken only after
authorization by a court order.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The provisions of the Basic Law regarding an independent
press, an effective judiciary, and a functioning democratic

929

FEDERAL REPUBLIC OF GERMANY

political system combine to ensure freedom of speech and
press. Criticism of the government is unrestricted. The
media and artistic works are not censored. Academic freedom
is complete. There is no censorship of foreign or domestic
books .

Newspapers and magazines are privately owned. Radio and
television networks and stations are government owned but
governed by independent boards made up of representatives of
churches, political parties, and other organizations. A few
privately owned radio stations, experimental private
television cable stations, and local television cable networks
have been set up. Legislation is under consideration in some
German states to facilitate and encourage private television
stations using cable, satellites, and other "new" media.

b. Freedom of Peaceful Assembly and Association

The rights of assembly and association are guaranteed by the
Basic Law and fully respected, as is the right to
demonstrate. Organizers of street demonstrations are required
to obtain police permits beforehand and may be asked to pay a
deposit to cover the repair of any damage to public
facilities. When demonstrators have not obtained the reqiaired
permits, police have exercised considerable restraint, showing
concern ultimately only for the continued functioning of
public facilities and for the safety of the general public.

Membership in nongovernmental organizations of all types,
including political parties, is entirely open. Parties found
to be "fundamentally antidemocratic" can be outlawed. Under
this constitutionally based provision, the Federal
Constitutional Court in the 1950 's declared both a neo-Nazi
and a Communist party to be illegal.

The right to organize, strike, and bargain collectively is
recognized and exercised freely in the Federal Republic. The
country has a long-established and highly organized labor
movement, with about 34 percent of the eligible work force
unionized. The German Trade Union Federation represents over
80 percent of organized workers. Reborn in the wake of World
War II, the unions are particularly conscious of their
historic role as the protector of workers' rights and a
bulwark of the democratic system. They actively participate
in the International Labor Organization (ILO) and in
international and European trade union organizations.

In regard to the practice of excluding political extremists
from employment in the civil service, there is an outstanding
complaint lodged with the ILO by the World Federation of Trade
Unions, claiming that the Federal Republic's practice violates
ILO Convention 111. An ILO-appointed Commission of Inquiry is
conducting an investigation. A final report is expected in
February 1987. The F.R.G. practice is based on the special
oath of allegiance of civil servants actively to defend the
State, its institutions, and laws and stems from a 1972 joint
resolution by the Federal and state governments. A suit on
this issue brought before the European Court of Human Rights
was decided in favor of the Federal Republic in August 1986.

c. Freedom of Religion

The full practice of religion is allowed. Major religious
groups benefit from a state-administered church tax system.
The Government subsidizes church-affiliated schools. Personal

930

FEDERAL REPUBLIC OF GERMANY

religious affiliation today plays an insignificant role in
politics and in other walks of life. Members of all religions
can be found in all political parties.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

German citizens are free to move anywhere within the country
and to leave and return at any time. Germans who arrive in
the Federal Republic from the German Democratic Republic
(G.D.R.) are treated as German citizens and therefore may take
up residence without restrictions. In 1986 the number of
G.D.R. citizens arriving in the Federal Republic was about
25,000.

The right of asylum is guaranteed by the Basic Law and
respected in practice. Once formally granted asylum status
and to a lesser extent while being processed, asylees have
essentially the same access to social welfare benefits as
F.R.G. citizens. Short of the right to vote, they also enjoy
complete civil rights.

In 1979-80 and again in 1986, the number of asylum seekers has
threatened to overwhelm the capacity of the F.R.G. to process
and adjudicate requests. As a result of the explosion in
numbers of applications, the Government will reportedly enact
a number of "peripheral measures" designed to speed up
processing of requests by those with well-founded claims and
to make emigration to the Federal Republic less attractive for
so-called "economic refugees", fully 80 percent of all who
apply. Denial of political asylum does not automatically
result in deportation. Eighty percent of those whose
petitions are denied are typically allowed to remain in the
country for other, humanitarian reasons. Persons from East
European countries are normally allowed to remain whether or
not they officially receive asylum.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Under the stable and liberal parliamentary democracy
established by the Basic Law, the Federal Republic is ruled by
a government chosen by the people through orderly elections
based on universal suffrage. Up to 90 percent of voters
normally participate in national elections, although local
contests attract significantly lower participation.
Candidates for public office are usually members of political
parties but are not required to be. The Basic Law and the
state constitutions contain provisions that only parties
achieving at least 5 percent of the vote can be represented in
the Federal and state parliaments. New political parties are
free to form and enter the political process, as evidenced by
the rise of the Green Party in the early 1980 's. Although
party discipline plays an important role, voting on issues in
the Bundestag is ultimately a matter of individual decision.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The International Society for Human Rights, Amnesty
International, and other human rights organizations operate
freely. The Government considers the international promotion
of human rights one of its highest priorities.

931

FEDERAL REPUBLIC OF GERMANY

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There is no discrimination in the extent to which shelter,
health care, and education are available to all inhabitants,
regardless of race, religion, sex, ethnic background,
political opinion, or citizenship. The social welfare system
is of long standing and provides generous benefits. The
budgetary austerity of the past few years has resulted in some
marginal reduction of basic social welfare benefits, which
include old age and disability pensions, unemployment
compensation, and medical care.

Since the passage of an equal employment rights law in 1982,
women are guaranteed equal employment in the workplace. They
play significant roles in all political parties and are
increasingly rising to management and leadership positions in
the private and public sectors. In organized labor, about
20 percent of union members are women, and a woman has served
as president of the second largest trade union since 1982.

Most women do not work outside the home. The rate of
participation of women in the labor force, about 38 percent,
is below the average in the European Economic Community, and
most working women are employed in traditional fields.
Moreover, protective legislation bars women from working in
certain heavy industrial occupations and also generally bans
night work. Young women experience difficulties in gaining
access to training in some traditionally male fields. Recent
court rulings and government pilot programs, however, have
helped break down some attitudinal and institutional barriers.

Treatment of foreigners has become a much-discussed social
question. Around 4.4 million foreigners live in the Federal
Republic. Of these, 1.4 million are Turkish citizens, and
1.1 million are citizens of European Community countries.
Over 1 million are under the age of 16 years.

Due to increased unemployment, the Government has pursued a
three-pronged policy with regard to foreign workers:
integration of longtime residents, limitation of further
entries, and repatriation aid for those willing to return to
their home countries. A 9-month special program of
repatriation aid to unemployed foreign workers, in the form of
repatriation bonuses and reimbursement of social security
contributions, stimulated the departure of about 300,000
persons, both workers and family members. A national debate
has been under way over whether the rights of guest workers
should be broadened to permit unlimited residence and the
right to vote or be reduced by limiting the right of entry for
dependent children.

CONDITIONS OF LABOR

Federal law generally prohibits the employment of children
under age 15 with a few specific exceptions. Children aged 13
and 14 may engage in farm work for up to 3 hours per day or
may deliver newspapers for up to 2 hours per day. Children
aged 3 through 14 may take part in cultural performances under
stringent conditions with regard to number of hours, time of
day, and form of activity. In the absence of minimum wage
legislation, wages generally conform to the pattern set in
collective bargaining. Federal legislation governs the hours
of day young persons may work and sets occupational safety and
health standards .

932

GREECE

Greece is a republic with a democratically elected
Parliament. The party or coalition of parties with a
parliamentary majority names the Prime Minister and forms the
Government. Several political parties vigorously and freely
contest periodic parliamentary and municipal elections, the
most recent of which were municipal elections in October
1986. The President of the Republic, who serves as Head of
State, is elected by Parliament.

The judiciary is independent of both the executive branch of
government and Parliament and operates within a civil law
framework with precedents from Roman law and French and German
sources. Police practices respect detainees' rights.

A member of the European Economic Conmunity, Greece is
classified as a developed country by United Nations
standards. It has a tradition of state intervention in the
economy and currently faces serious economic problems which
are intensified by a bloated public sector.

The full range of universally acknowledged human rights is
guaranteed by the Constitution, which includes many of the
provisions of the United Nations Universal Declaration of
Human Rights. Greece ratified the European Convention on
Human Rights in 1974, and in 1985 it recognized for a period
of 3 years the competence of the European Commission on Human
Rights to accept petitions from individual Greeks who wish to
appeal human rights cases.

The Government, many of whose members suffered abuses during
the period of rule by a military junta (1967-74), is sensitive
to the protection of individual freedoms. Most allegations of
abuse fall in the area of religious expression, which,
however, is guaranteed within certain limits by the
Constitution.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There are no reports of politically motivated killing by
government forces. The physical security of the individual is
generally assured in Greece. Nevertheless, politically
motivated terrorist acts have claimed a number of lives in
recent years. In April 1986, the domestic terrorist group
"November 17," whose earlier victims included U.S. and Greek
officials, claimed responsibility for the assassination of
Greek industrialist Dimitrios Angelopoulos . On June 9, Khalid
Ahmed Nazal, a high-ranking member of the Democratic Front for
the Liberation of Palestine, was killed by a gunman whose
political affiliation is unknown.

b. Disappearance

There were no reports of abduction, secret arrest, or
clandestine detention.

933

GREECE

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Freedom from torture is guaranteed by the Constitution and
respected in practice. Since 1984, Greece has had legislation
making the use of torture an offense punishable by sentences
ranging from 3 years to life imprisonment. There were no
reports of torture.

Prison and detention facilities provide adequate health care
and diet. No distinction according to social class, race,
sex, religion, or type of conviction is made in the treatment
of prisoners. Cases requiring medical treatment receive
special attention. Once sentenced, prisoners may be visited
by family members 3 times per week.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest or imprisonment is guaranteed by
the Constitution, and this provision is respected in practice.

Preventive detention does not exist in Greece. A person
arrested on a warrant or while committing a crime must be
brought before an examining magistrate within 24 hours and
charged. This magistrate must issue a warrant of imprisonment
or order the release of the detainee within 3 days of the
examination unless special circumstances require a 2-day
extension of this time limit.

The Constitution further states that the maximum duration of
detention pending trial may not exceed a period of 1 year in
the case of felonies or 6 months in the case of misdemeanors.
A decision of a judicial council is required to extend these
maximum durations (by 6 or 3 months, respectively) in
exceptional cases. In practice, trials generally take place
within 4 months of the submission of charges.

Persons who have been arrested may petition a judicial council
for release pending trial. The council is required by law to
consider petitions within 5 days, but the limit is sometimes
exceeded in practice. Release is granted only in special
circumstances, e.g., for reasons of ill health, the standing
of the individual in the community, or when it is unlikely
that the individual will become a fugitive. The council may
also impose other conditions, such as posting of a bond.

Exile as a judicial remedy or government practice does not
occur in Greece.

The Constitution expressly prohibits forced labor, and no
violations are known to have occurred in practice.

e. Denial of Fair Public Trial

Fair and public trials are guaranteed by the Constitution and
provided in practice. Defense lawyers are available to all
accused. Court sessions are public unless, as provided in the
Constitution, the court decides that privacy is required for
the protection of victims, when juveniles or morals offenses
are involved, or in matters of national security. The latter
provision is not abused. A legal provision permits a closed
hearing for the sensitive portion of cases dealing with public
order. In such instances the court must publicly pronounce
its "reasoned decision" on the matters heard privately. A
defendant may appeal a court verdict to an appeals court.

934

GREECE

Military courts have no jurisdiction over civilians. A 1983
case involving the trial and sentencing of a U.S. serviceman,
which did not meet standards of due process set forth in the
applicable Status of Forces Agreement, is still under review
by Greek authorities.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The inviolability of the home as well as of an individual's
personal and family life is guaranteed by the Constitution.
No house search may be made except in conformance with
specified legal standards and always in the presence of
representatives of the judiciary. Warrants, issued by a
district attorney (who is considered a judicial officer in
Greece), are required for an official to enter a private
home. These constitutional guarantees are respected in
practice. A constitutional provision requires punishment and
"liability for full damages to the sufferer" for violations of
the sanctity of the home and for the abuse of power. The
Constitution further guarantees privacy of correspondence and
communication. No government abuses were reported in 1986,
and private infractions were prosecuted by the Government.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech is guaranteed by the Constitution and
respected in practice.

The Constitution guarantees freedom of the press and prohibits
censorship. Opposition viewpoints are constantly presented in
the active Greek press, and criticism of the Government is
unhampered. Greece's television and radio stations are
government owned and operated. The political opposition (both
conservative and Communist) asserts that news and information
programing reflects the political perspective of the governing
party while its own views are neglected. The government
response is that television is more open to the opposition
than it was under the previous conservative government.
During national elections, television time is given to all
major political parties according to their electoral strength.

The Constitution allows for seizure, by order of the public
prosecutor, of publications which insult the President, offend
religious beliefs, contain obscene articles, advocate a
violent overthrow of the political system, or disclose
military and defense information. No periodicals or
newspapers are known to have been seized in 1986. Greece has
strict libel laws. Violations of these laws are prosecuted
under established legal procedures with the safeguards of due
process .

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is guaranteed by the Constitution. Limits
may be imposed on outdoor public meetings, however, if police
authorities determine that a serious disturbance of social and
economic life is threatened. A few demonstrations by small
extremist groups were prohibited in 1986 following such
determinations .

The right of association is guaranteed by the Constitution and
observed in practice. Workers and employers are free to

935

GREECE

establish and join organizations of their own choosing without
previous authorization, to draw up their own constitutions and
rules, elect their representatives, and formulate their
programs. They are also free to join in confederations and
affiliate with international organizations. In 1985 an
estimated 35 percent of Greek wage and salary earners were
organized in unions. Both employer and trade union
organizations maintain relations with the International Labor
Organization. Trade union and employer organizations are
protected against dissolution by administrative authority.

The right to strike is guaranteed by the Constitution and by
statute to both public and private sector workers. Exceptions
are made for judiciary functionaries and those serving in the
security services, who are prohibited from striking. Other
employees of the State or public corporations, whose operation
is of vital importance in serving the needs of the society,
may strike only after 4 days' prior notice to their employer,
the relevant ministry, and the Ministry of Labor. Striking
trade unions in such categories are reguired to supply the
necessary staff to meet the essential requirements of the
population during the strike. In 1984 the Government
established procedures which place greater restrictions on the
rights of public sector unions to strike. Although these
restrictions are still criticized in some quarters, they have
neither been enforced nor challenged in the courts. Civil
mobilization legislation, which allows the Government to
mobilize striking public sector workers it considers vital to
the economy, has been questioned on constitutional grounds.
The civil mobilization and ultimate dismissals of Olympic
Airways flight personnel in 1986 for violating the law brought
some international protests, but the courts upheld the
Government's enforcement of the law.

The main political parties in Greece maintain trade union
affiliates, and most Greek trade unionists belong to or
support one of those affiliates. In general, the trade union
affiliates follow the guidance of their respective political
parties. The Confederation of Greek Workers (GSEE) is
currently controlled by PASKE (the governing Socialist Party's
labor arm). Opposition labor factions boycotted or walked out
of the GSEE congress in April 1986 and have charged — both
domestically and in international forums — that the present
administration is illegal. This charge has not been sustained
by the courts.

All Greek wage earners by law contribute 0.25 percent of their
basic wage to a Ministry of Labor organ known as the Workers'
Hearth. Employers make a matching contribution. The Workers'
Hearth uses this fund to finance trade union activities,
apportioning funds to the unions in accordance with membership
figures. The Minister of Labor has discretionary control over
8 percent of these funds.

c. Freedom of Religion

The Constitution guarantees freedom of religion and prohibits
discriminatory practices against religious minorities, which
in Greece include small communities of Muslims, Jews, and
non-Orthodox Christians.

The Constitution, nevertheless, establishes the Eastern
Orthodox Church of Christ as the "prevailing" religion of
Greece. In addition, it prohibits proselytizing by any
religious group and bars exemptions for individuals from

936

GREECE

discharging their duties to the State (i.e., military service)
by reason of their religious convictions. As a result of
these provisions, certain non-Orthodox religious groups,
particularly evangelical sects, have encountered significant
difficulties of a legal or administrative nature.

In the past, the constitutional prohibition on proselytizing
led primarily to the prosecution of Jehovah's Witnesses,
although other non-Orthodox religious groups were also
affected. The courts have recently held, however, that simple
distribution of literature does not constitute
"proselytizing," thereby sharply reducing the number of
arrests. In May 1986, an appeals court overturned the
December 1984 sentences of three Protestant missionaries
convicted of proselytizing and causing involuntary abandonment
of home by a minor. In December 1986, the courts also
convicted two local religious leaders who had attempted to
prevent the distribution of religious materials by Jehovah's
Witnesses .

Non-Orthodox religious groups have experienced difficulties as
well in obtaining permits for the construction of places of
worship. A building permit must be obtained from the Ministry
of Education and Religion, which, in turn, must consider the
opinion of the Eastern Orthodox hierarchy. In the past, some
evangelical religious groups have been denied such permits.
These groups have then unsuccessfully appealed the
Government's decision in the courts.

The Constitution includes the provision that "no person shall
be exempt from discharging his obligations to the State or may
refuse to comply with the laws by reason of his religious
convictions." Those persons most affected have been Jehovah's
Witnesses who refuse on religious grounds to fulfill their
military service obligation. In deference to them, the
Government in 1979 modified the compulsory military service
law to provide for alternative, noncombatant military
service. Those refusing this alternative are tried by
military courts and sentenced to military prison for a period
twice that of normal service. Currently, a portion of this
sentence may be served in a civilian minimum security prison
(frequently agricultural) where each day served is credited as
2 days toward fulfillment of the sentence. Referring to an
unpublished report, a Foreign Ministry spokesman said that
between 1973 and September 1985, 776 Jehovah's Witnesses were
prosecuted for refusing to fulfill their military obligation;
Amnesty International reports that in 1985 some 283 of these
were in prison.

The Muslim minority of approximately 120,000, made up largely
of ethnic Turks but also including Pomaks and some Gypsies, is
principally located in Thrace in northeastern Greece. There
are over 250 mosques in Greece. Citing a 1920 law, Muslims
have disagreed with the manner of appointment in December 1985
of a new religious leader (mufti) in one of the Muslim
communities in Thrace. Greek authorities contend that this
law has long been invalid and that all Muslim religious
leaders, including the new mufti, have always been selected
according to a method dating back to 1923, the date of the
Treaty of Lausanne between Turkey and the Allied Powers.
Under this system, the Government consults with Muslim leaders
and then appoints the mufti from a list of qualified
candidates .

937

GREECE

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees freedom of movement within the
country, foreign travel, and emigration. This right is
generally respected in practice. Persons intending to
emigrate and those returning to Greece experience no
discrimination. The Greek citizenship code authorizes
expatriation of a citizen who is residing abroad with no
intention of returning to Greece. Some Greek Muslims have
alleged that their Greek citizenship was revoked while they
were staying in Turkey. The Government states that the
provision has been used very sparingly, and only after it has
been determined that the citizen in question has severed
material ties with Greece and established a permanent
residence elsewhere.

Some Greek Muslims have complained that they are issued
passports valid only for 1 year instead of the normal 5-year
period. Greek authorities state that this was the practice
for a 6-month period, from January to June 1986, in an effort
to control abuses by Greek citizens who stay abroad beyond the
validity date of their regular passports and return without
renewing their passport abroad at a Greek embassy or consulate
as they should. According to Greek officials, the practice
proved impractical and was discontinued.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Greece is a multiparty democracy in which all citizens enjoy
full political rights, without regard to race, sex, religion,
or political persuasion. Greek citizens freely choose the
officials governing them. The opposition parties function
freely, have access to the media, and hold public meetings.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has not objected to visits and investigations
by human rights organizations.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Both the Constitution and the revised family law guarantee
women the same individual, political, and social rights as
men. Women leaders play a minority role in the political life
of the country, with 11 women in the 300-member Parliament, 1
woman minister and 2 deputy ministers in the Cabinet, and 5
women out of the 51 regional governors. The position of women
in Greek society has undergone rapid change in conjunction
with the process of industrialization and m.odernization, with
increasing proportions joining the salaried labor force. The
Government has given concerted attention to the role of women,
has instituted significant reforms in marriage, divorce, and
property laws, and has expanded services to women in
unemployment, family planning, and child care.

The Treaty of Lausanne includes provisions relating to the
educational and political rights of the Muslim minority, who
are Greek citizens. Two Muslim members serve in the national
Parliament. A Muslim political party was formed in 1985, and

938

GREECE

its candidates ran in nationwide elections. Many villages in
Thrace regularly elect Muslim mayors.

Members of the Muslim community and Turkish-Muslim
organizations located outside Greece have complained that
Turkish-language teaching materials imported from Turkey are
vetted by Greek officials, as are Turkish teachers assigned to
Muslim schools. The Greek Government states that educational
materials and teachers are examined to ensure they meet Greek
standards, according to the terms of a 1968 reciprocal
agreement with Turkey. Muslim leaders have also complained
that Muslims are not allowed to purchase land from
non-Muslims. Greek officials maintain that there is no
impediment to the Muslim right to purchase land, and that
purchases have been made.

Tensions between Greece and Turkey have made each country's
perception of the treatment of its coreligionists in the other
country a highly emotional issue, and both countries have
viewed human rights questions in the light of historical and
political differences. There is no evidence, however, of a
generalized pattern of official political, religious, or
cultural repression of the Muslim community or a deliberate
policy of discrimination by the Greek government.

CONDITIONS OF LABOR

The minimum age for work in industry is 15. However,
legislation and regulations provide higher minimum ages for
work in specified areas or specific jobs.. For exam.ple, those
performing loading or unloading work must be at least 18 years
of age, while workers for the ports of Piraeus and
Thessaloniki must be 21.

The minimum daily wage as of September 1, 1986 was
approximately $12.50. The workweek is 40 hours in the private
sector and 37.5 hours in the public sector. Minimum standards
of occupational health and safety are provided for by
legislation.

939

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: GREECE

1934

1935

1986

I. ECON

A. AIO

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL.,

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

pp. ASSIST.) ..
R PEACE

S ,

DTAL

N $-LOANS....,

FOR. CURR

TOTAL

.tC.OEV 5 WFP,
EF AGENCY....,
CON. ASSIST..,

;E CORPS.
COTICS. . .
ER

II.MIL. ASSIST. -TOTAL,

LOANS ,

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
:.INTL MIL.ED.TRNG. ,
O.TRAN-tXCESS STOCK
£. OTHER GRANTS -

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

O.D

0.0

0.3

3.0

0.0

3.0

0.0

501.4

501 .4

431.9

500.0

430.7

1.4

1 .4

1.2

0.0

500.3

503.0

430.7

1.4

1.2

0.0

501.4

431.9

500.0

430.7

1.4

1.2

DTfHER US LOANS....
EK-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

0.7

0.5

0..0

925.8

IBRD

3.0

0.0

489.9

[FC

0.0

66.8

IDA

0.0

tD3

3.0

0.0

\0i

0.0

i^FDB

3.0

0.0

,0.0

0.0

JNDP

0.7

0.5

0.0

26.5

)HER-UN

3.0

0.0 •

0.0

1.2

EEC

3.0

0.0

341.4

940

HUNGARY

The leadership of the (Communist) Hungarian Socialist Workers
Party maintains a complete monopoly on political power.
Although most civil rights are prescribed by the Constitution,
in practice the exercise of such rights is often arbitrarily
restricted. Beginning in the 1960 's, the party gradually
eased internal controls and fostered a greater degree of
economic well-being. Political expression is still tightly
controlled, and participation in the political process is not
possible outside the limits set by the party.

The Soviet Union has maintained military forces in Hungary
since the end of World War II. In excess of 60,000 Soviet
soldiers are currently stationed there.

The secret police and other coercive institutions are active
but have become more circumspect. The 1968 police
surveillance law, the 1984 and 1985 decrees on police powers,
and other such decrees have strengthened the power of the
police to search citizens without cause and tightened state
control over duplicating machines and over persons without
regular employment.

Economic reform, launched m 1968, is still the key to
Hungary's relatively tolerant domestic policies. After years
of belt-tightening, the Government is trying to cope with
growing popular unhappiness about rising prices and a
stationary, if not declining, standard of living by allowing
modest wage increases and moving ahead with economic reforms .
Hungarians as a whole are significantly freer of the type of
economic restrictions and state interference in private life
which characterize other Warsaw Pact members.

Hungary's human rights record was marred by some negative
political developments. Implementation of the liberalized
issuance of passports, for example, remains spotty. The
authorities in February disallowed a proposed march by
environmentalists protesting construction of a dam; the police
forcibly dispersed those who defied the ban. The police
displayed even less tolerance when they clashed, 1 month
later, with youths commemorating the 1848 uprising and calling
for greater freedoms. Extra security measures taken on
October 23, the 30th anniversary of the 1956 revolution,
epitomized the overall trend of maintaining firm control over
potential demonstrations.

Because of the 1956 anniversary, the authorities were
especially sensitive to any criticism of General Secretary
Kadar and the regime's legitimacy. As a consequence, a
regional literary review was temporarily suspended, and a
popular playwright was banned from the legal media.
Furthermore, young artists who sought to publicize the failed
revolution were threatened with administrative sanctions,
including expulsion from Budapest. Samizdat (clandestine
publishing) operations continued to function and even expand,
although both publishers and distributors were periodically
subjected to house searches, spot fines, and occasional
confiscation of printing equipment.

941

HUNGARY

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There is no evidence that killing for political motives
occurred.

b. Disappearance

There were no reported disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

No known instances of torture have occurred in Hungary in
recent years. Citizens, in principle, may bring complaints
against the police.

There are three levels of punitive incarceration in Hungary:
"workhouse," which allows some privileges of visiting, outside
work, and leaving; "jail," which is more punitive; and
"prison," which means a maximum-security penitentiary.
Confinement conditions vary in relation to the category of
incarceration, but all levels are believed to provide adequate
diet and health care. Hardened criminals are confined
separately from those convicted of petty crimes. With varying
degrees of frequency, depending on levels of imprisonment,
prisoners have rights to visitation by family members, other
relatives, and friends. There does not appear to be
systematic mistreatment of prisoners. Nevertheless, according
to recent reports, Jozsef Peller, a Catholic conscientious
objector incarcerated in the Budapest military prison, is
being mistreated by the prison staff.

Hungarians very rarely engage in the abuse of psychiatry, i.e.
the commitment of sane persons to institutions for the
mentally ill as a form of punishment, but there was one report
of such practice in 1986. Laszlo Rusai, an unemployed teacher
and Hungarian dissident, was confined to a mental health
hospital reportedly after challenging the official
interpretation of the 1956 revolution and displaying a poster
about it from his window. The Government, however, denied
that Rusai 's confinement in a psychiatric facility was a
political sanction.

d. Arbitrary Arrest, Detention, or Exile

Citizens are generally free from arbitrary arrest. Upon
arrest, a detainee must be informed in writing of the offense
he or she is suspected of having committed and may be held at
a police station for a maximum of 72 hours before charges must
be filed. There is no right of bail or provisional pretrial
liberty. In cases of suspicion for major crimes, a person can
be held in jail 30 days before trial, renewable twice for a
maximum of 3 months .

The penal code contains an article on incitement which permits
officials to prosecute for a wide range of utterances or
statements. It is not clear how many cases of incitement
involve political matters. A penal code provision concerning
"espionage" provides for punishing "a person who obtains,
collects, or gives out data which can be used against the

942

HUNGARY

Hungarian People's Republic with the purpose of forwarding

them to a foreign government or organization " Neither the

nature of the data transmitted nor the nature of the recipient
organization is clearly defined, thus allowing a broad
interpretation by the authorities of the kind of "data"
considered to be proscribed. The police surveillance law was
strengthened in 1985 to permit the police to place under
surveillance or in internal exile any citizen or resident of
Hungary above the age of 16 (rather than 18) for a period of 2
years (rather than 1 year), renewable for an additional year,
if that person's attitude represents a permanent danger to the
internal order or public security of the country. The law has
not been used in 1986 for political purposes.

Under an amendment to the Criminal Code which went into effect
in 1985, a person "who is capable of working but follows a way
of life of vagrancy" may be punished by loss of liberty for up
to 2 years or by reformatory and educative labor or by a
fine. Under this law, work-shirkers may be sentenced to a
specific workplace, such as a state farm, a mine, or the state
railways. Many Gypsies have been sentenced under this law.
There is no evidence to date that the law has been used
against political dissidents. Forced labor, within the
meaning of the International Labor Organization's definition,
has not been employed in Hungary.

e. Denial of Fair Public Trial

There are few closed trials in Hungary. The Constitution
stipulates that all court proceedings are open, except for
cases specifically exem.pted by law. Those which are closed
usually involve "national security," not otherwise defined.
In general, judicial procedures are investigatory rather than
adversarial in nature. There is no trial by jury. Defendants
have the right to choose their own counsel. Nonpolitical
trials are more likely to be handled in an impartial manner
than are trials involving offenses considered to be political.

It is believed that a number of citizens, including some who
opted to flee instead of serving in the military, have been
incarcerated for attempting to leave Hungary without
government permission. Exact numbers are not known.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution provides for citizens' personal freedom and
inviolability, the secrecy of correspondence, and the privacy
of the home, but these provisions are violated when it is in
the State's interest to do so. Search warrants are generally
obtained. House searches are conducted by a court order and
must be carried out in the presence of two witnesses. A
written inventory of items removed from the premises must be
prepared. These procedures are generally adhered to. In
politically motivated cases, however, police do conduct house
searches without warrants on the pretext of "suspected housing
code violations."

Since the 1960 's, Hungarian authorities have become more
tolerant with respect to a person's private activities.
Formal systems for gathering information on people, such as
the widespread use of informers and block wardens and overt
intrusions of the police into the daily life of persons, have
been substantially curtailed. It is widely assumed, however,
that private telephone lines are tapped and correspondence

943

HUNGARY

opened when the authorities have an interest in doing so.

Hungarians may subscribe to Western publications although such
subscriptions are expensive in Hungary. Parents who seek to
provide religious instruction to their children in their homes
are not harassed. Membership in the Communist Party or in
party youth and other organizations is not mandatory, though
the absence of membership may have an adverse impact upon
career possibilities in some fields. While not compulsory,
membership in the party's youth and other mass organizations
(trade unions and professional associations) is a requirement
for a successful career.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees free speech and free press, but
these rights are qualified by the need to conform to the
"interests of socialism and the people." The Government has
shown a general willingness to tolerate some expressions of
dissent without explicit reply or rejoinder. It is prepared,
however, to harass political dissidents to keep them in check
and has occasionally expelled them or encouraged their
emigration to the West. No prominent dissidents were arrested
in 1986 for opposition activity.

An unknown number of persons, however, were arrested for
expressing anti-Communist and/or antiregime utterances. Most
of these arrests occurred in public, often after the arrestee
had been drinking. In cases such as these, the arrestee is
usually charged with incitement. The number of such offenses
is obfuscated in the official statistics which lump incitement
with petty nonpolitical offenses.

In a significant case affecting freedom of speech, one of
Hungary's foremost playwrights, Istvan Csurka, authorized
Radio Free Europe to broadcast remarks made in New York on
March 15 about the alleged genocide of Hungarians elsewhere in
Europe. As a result, in July the authorities decided to bar
Csurka from all access to the established media. In response
to this ban, Csurka declared that he would not return to the
publishing field until "those morbid circumstances which
resulted in my suspension will be eliminated. " In an August
interview. Deputy Minister of Culture Vajda claimed that
Csurka failed to demonstrate "elemental loyalty" by
cooperating with "propaganda centers" opposed to socialism and
the Hungarian Government. Csurka ' s uncensored comments about
the plight of ethnic Hungarians living in Romania'
Transylvania and in Slovakia apparently conflicted with
Hungarian policy on this subject.

Dissident activity in Hungary remains largely confined to
several hundred intellectuals who live primarily in Budapest,
although numbers of working-class youths have also been
arrested for expressing dissatisfaction with the system.
Hungarian dissidents meet regularly for private discussion of
political and other topics. Hungary's economic progress
during the last decade, its emphasis on consumerism, and its
willingness to permit more frequent travel to the West than do
other Warsaw Pact states have served to undercut the appeal of
dissidents to a broader public. However, the governmental
decision to go ahead with a highly controversial dam on the
Hungar ian-Czechoslovakian border has increased the public
appeal of those dissidents most concerned with the environment.

944

HUNGARY

Nevertheless, even this group of antidam environmentalists was
effectively barred from presenting its position in the
established media and had to rely on samizdat (self-published)
publications plus political advertisements placed in Austrian
newspapers to convey its views. In response, the Government
attacked the environmentalists for using the Vienna papers
rather than for the substance of their arguments.

Party and government authorities closely supervise the press,
radio, and television, which are government owned and must
adhere to the party's ideological guidelines. On September 1,
1986, the Hungarian press law came into effect and superseded
a myriad of administrative measures previously in force. The
new law essentially codifies existing practice but also
includes some new restrictions and new liberalizations.
Although some carefully nuanced differing views occasionally
appear in the press, they are usually well within the general
constraints imposed by the party. Hungary permits access to
Western literature, films, television programs, and
publications. As of 1985, Western periodicals, including the
International Herald Tribune, Le Monde, the Sunday Times of
London, and Die Presse, were made available for local currency
at centrally located kiosks and transportation centers.

Infrequently, Western viewpoints can be heard on Hungarian
radio and television. These may be the views of a Western
spokesperson, broadcast together with those of other
participants in a panel discussion, or straight reporting of a
Western official's comments on a topical international issue,
such as U.S. -Soviet relations. Hungary does not normally jam
Western radio broadcasts. However, some 1985 broadcasts
carrying interviews with former Hungarian Prime Minister
Andras Hegedus and some 1986 programing about the 1956 events
may have been interfered with. Austrian and Yugoslav radio
and television broadcasts reach much of the country.

Pervasive self-censorship in cultural and media circles
determines the boundaries of free expression. The public
medium which enjoys the greatest degree of freedom of
political expression is film, although the more politically
controversial examples are typically withheld from public
distribution until the authorities deem fit. The authorities
have banned the circulation of certain books, magazines, and
articles considered not to conform with accepted positions.
The right to publish is restricted for political reasons. For
example, the June 1986 edition of the regional literary
journal "Tiszataj" was suspended because of the poems by the
controversial poet Caspar Nagy and unflattering commentary
about the 1956 Hungarian Revolution. In an unusual interview
in August, Deputy Minister of Culture Vajda claimed that the
suspension was a result of a "series of errors in publication
policy... (and) a lack of responsible and democratic workshop
operations." The journal was later allowed to resume
publication.

Several groups of dissidents are active in the preparation and
distribution of prohibited articles and books in samzidat
form. Since 1982, the authorities have engaged in a periodic
campaign of harassment against these activists. Occasional
press articles have attacked the dissidents and their alleged
Western supporters. A high level of activity, however,
continues, and the variety of samizdat expanded in 1986. No
arrests of samizdat editors or distributors for engaging in
their illegal activities occurred in 1986. However, the

945

HUNGARY

police in Budapest regularly exercised their power to impose
fines on persons involved in unauthorized publishing and
periodically subjected them to various forms of harassment and
house searches . .

On September 1, 1986, the Hungarian press law came into effect
and superseded a myriad of administrative measures previously
in force. How the new law will influence the limited freedom
of the press remains to be seen.

b. Freedom of Peaceful Assembly and Association

Although the Constitution guarantees freedom of assembly and
the right to form associations, government approval or tacit
acceptance is reguired for the exercise of these rights. Such
approval was not forthcoming when some environmentalists
wished to hold an "environmental walk" last February to protest
the Government's decision to participate in the construction
of a Danube River dam. Those who defied the police ban,
mostly Austrians, were dispersed by the police. Similiarly,
unauthorized gatherings of young people on March 15, one of
Hungary's most important national holidays, resulted in a
violent clash with the police on Chain Bridge in Budapest.

The authorities are more tolerant of gatherings in private
homes. Dissidents sponsor "open houses" on a regular basis
and Budapest's "flying university" resumed meetings recently
at which academicians and dissidents lectured on topics not
discussed elsewhere.

The Hungarian National Trade Union Council, the largest of all
mass organizations, is for the most part controlled and
directed by the party. It serves the purpose of
indoctrinating workers in party policy as well as representing
worker interests within certain bounds. The chairman of the
council is a member of the party Politburo. He represents the
council in meetings with the party leadership and with the
Government over labor policy, economic planning, prices,
wages, and other economic issues. At the local and enterprise
level, the council has a veto right over state nominations of
managers and administers a system of shop distribution of bonus
money, profit sharing, enterprise-controlled housing, health
care, union vacation plans, and other benefits. Stewards can
veto management decisions on personnel actions, plant safety,
and other work-related issues which do not comply with
collective agreements and labor regulations. Disputed
guestions are referred to higher authorities for arbitration.

The Constitution does not provide for the right to strike.
Although work stoppages have reportedly taken place in local
industries in recent years, there has not been a major strike
affecting an entire industrial sector in over a guarter of a
century.

c. Freedom of Religion

Although freedom of conscience and freedom of religious
practice are guaranteed in the Constitution, they are subject
to restrictions. The State in principle opposes but does not
rigorously impede the practice of religion. Steadfastly
committed to atheism, the authorities for tactical reasons
profess the acceptability of believers and nonbel levers
working together in the interest of "Socialist society." All
denominations that will accept the Socialist state are
officially recognized. The Government has generally

946

HUNGARY

maintained good relations with the hierarchies of the major
religious denominations, many of which have representatives in
the Parliament. Professed religious beliefs, however, can
limit the citizen's advancement in government, industry, and
the professions. Since 1985 party members have not been
allowed to attend religious services in the capacity of
believers .

There are 19 significant religious denominations in Hungary
which are recognized by the State, plus several minor sects,
such as Jehovah's Witnesses. Sizable religious groups include
Roman Catholics (about 5.25 million). Reformed Calvinists (2
million). Evangelical Lutherans (0.5 million), and Jews
(100,000). The total number of persons manifesting some
religious belief is estimated at 8.5 million out of a
population of 10.7 million.

Religious denominations in Hungary have generally good access
to religious materials, including Bibles and prayer books. In
many cases, they print their own. They also publish
periodicals and newspapers, subject to the same state control
as nonreligious publications.

Helsinki Watch reported one incident of government suppression
of religious activity in 1986. On May II police broke up a
service of the Faith Christian Fellowship in Zalaegerszeg and
temporarily detained the pastor. The worshipers' identity
cards were confiscated. The police claimed the service was
illegal. The Fellowship's first application for recognition
as an official religion was turned down, and a second is still
pending.

Churches do not act as organizing centers for dissent. The
authorities have not detained or arrested any clergy, but
approximately 117 young men were sentenced to prison terms
ranging up to 3 years for refusing military service. A right
of conscientious objection to military service is only
recognized for two small denominations, the Nazarenes and the
Seventh-Day Adventists, because it is a precept of these
religions .

The major religions have theological training institutes,
whose capacity is approximately adeqiaate to the number of
candidates. The State permits limited construction of new
places of worship. A new synagogue opened in Siofok in June,
the first since 1945. At the request of the late Catholic
primate. Cardinal Lekai, a new church is being built in a
newly populous suburb of Budapest. In the last 20 years,
approximately 50 new Baptist churches have been built in
Hungary. The Baptist construction, partially funded by
overseas contributions, illustrates the close connections
Hungarians maintain with their coreligionists and hierarchies
in other countries. Religious leaders may generally travel
abroad so long as they have adequate hard currency resources
to fund the trip.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

All adult citizens are issued an identity booklet, which they
must carry at all times. They must register with local police
when moving from one locality to another. However, no
permission is required for moving within Hungary, except to
Budapest, where overcrowding has led the Government to
restrict the number of new inhabitants.

947

HUNGARY

Foreign travel is relatively easy, the chief constraint being
restrictions on the amount of hard currency available.
Hungarian citizens may travel freely in Eastern Europe with
visas rec[uired only for the Soviet Union and Yugoslavia. They
may travel to the West on family visits once a year if
relatives abroad pay the costs. Nonfamily trips are allowed
every 3 years, and a modest hard currency allotment is
available. According to Hungarian sources, 5.5 million
Hungarians traveled abroad in 1985, of whom 800,000 went to
non-Communist countries. However, the Government reserves the
right to refuse permission to travel in cases of "state
security." This provision of the law continues to be invoked
to refuse some dissidents passports.

Emigration for those of working age is allowed only for
reasons of family reunification, defined as joining a parent,
spouse, or child abroad. It can be refused if the relative is
abroad without permission from the Government, until 5 years
have passed since that person's departure. However, the law
provides for exceptions to all restrictions in individual
cases, and persons who are refused permission to emigrate may
appeal and reapply. Reapplications are sometimes successful,
especially if there are special humanitarian considerations.
Approximately 90 percent of Hungarians who are eligible to
apply to emigrate for purposes of family reunification receive
permission. Permission is virtually guaranteed to a Hungarian
over 55 years of age.

Those who do not receive permission to emigrate normally
suffer no official sanctions, such as loss of employment or
housing. Emigrants are allowed to take a modest amount of
personal property with them. Persons who have emigrated
legally from Hungary may apply to return for resettlement, but
their right to return is not guaranteed. They must establish
that there is housing and employment or other income available
to them. Persons who have emigrated without permission (i.e.,
failed to return from a visit abroad), are subject to civil,
but not criminal, penalties. Any prosecution usually results
in a suspended sentence and/or fine. They are usually not
allowed to travel abroad again for 5 years. More serious
penalties, such as loss of employment, sometimes are imposed.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Hungary is ruled by the leadership of the Hungarian Socialist
Workers Party. Political participation is not possible
outside the party or party-sanctioned organizations. The
Constitution states that the Hungarian Socialist Workers Party
represents the "working class" and the "interests of the
whole of the society." The party uses mass organizations such
as the Patriotic People's Front, trade unions, and the
Communist Youth League to elicit public support. To a growing
extent, the party invites the opinions and recommendations of
nonparty organizations (for example, cooperative associations)
on policy proposals in which they have an interest, but
implementation is at the discretion of the party.

In the 1985 elections, 90 percent of all the seats in the
National Assembly and all seats in local councils were
contested by at least two candidates. Although candidates did
not necessarily have to be members of the Communist Party, all
had to announce that they accepted the platform of the
party-controlled Patriotic People's Front and had been deemed
acceptable by that body. No other political parties were

948

HUNGARY

allowed. Several members of the democratic opposition who
sought nomination as candidates were barred from participation
in the election. The party has stated that it recognizes a
need to go beyond the development of new electoral forms if
the elections are to attract genuine public interest, and the
National Assembly and local councils are to become more
significant institutions. To date, little has been done to
fulfill this objective.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government refuses to accept outside charges or
investigations of alleged human rights violations on the
grounds that this is "interference in internal affairs."
Hungary has shown, however, a willingness to engage in
discussions with other countries on all aspects of the
Helsinki Final Act, including its human rights provisions.
This tolerance did not extend to allowing the privately
organized International Helsinki Federation to hold a cultural
symposium in a hotel during the opening of the 1985 Cultural
Forum. The symposium was, however, held in private
apartments .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Both in theory and in practice, Hungary is sensitive and
responsive to the cultural aspirations of its recognized
ethnic minorities. Schools providing instruction in the
mother tongue and varieties of ethnic expression are
encouraged on a nondiscriminatory basis. A major reason for
this policy is the hope of creating a "demonstration effect"
which will indirectly benefit the millions of Hungarians
living as minorities in adjacent countries. Although national
minority groups are encouraged to form their own associations,
nonnational groups do not enjoy the same degree of freedom.
When a number of young Jewish people held informal meetings in
private homes during the summer and fall of 1986 to discuss
the history and problems of Jewish culture, the sponsors were
told to desist by the police.

A large number of Gypsies (estimates range up to 5 percent of
the population) live in Hungary. They are not recognized as
an official minority. The Government engages in many programs
specifically designed to raise the standard of living of
Gypsies and to help them to adjust to the mainstream of
Hungarian life. Gypsies are on the average, however,
considerably less well educated and poorer than the majority
Magyar population or the recognized ethnic m.inorities. Candid
discussion continues to appear in the press and specialized
literature about the social and economic difficulties
experienced by Gypsies, including the fact that considerable
popular prejudice against them exists.

Women account for one-eighth of the management positions in
Hungarian industry and agriculture. Approximately half of
them attained these positions in the past 5 years. Women's
share of senior positions, such as general director at state
industrial complexes, is considerably lower. Women's share of
professional positions has been increasing. About 8 percent
of Hungarian women are professionals, compared to nearly 9
percent of men.

949

HUNGARY

More than one-fifth of the members of the National Assembly
are women. There are very few women at top levels in the
Government or party. Only one deputy premier and one other
member of the 23-person Council of Ministers is a woman. In
the 21-member Presidential Council, there are only 4 women.

CONDITIONS OF LABOR

The minimum age for the employment of children is 15, with
restrictions pertaining to shifts and night work. There are
no restrictions on minors older than 16 years of age.
Although there is no national minimum wage in Hungary, wage
charts are set for each profession according to the
qualifications of the jobholder. The average official
workweek is approximately 45 hours. All Hungarians have a
right to a minimum of 15 days' paid vacation per year; they are
entitled to 1 additional day for each 3 years of service.

950

ICELAND

Iceland is a democratic social welfare state with a bicameral
parliament, the Althing, which is the oldest standing
parliament in the world. Iceland's highly literate and
educated people take a strong interest in political affairs
and participate in high percentages for parliamentary and
local elections, which are fair and free. Icelanders enjoy a
fair and efficient civil and criminal justice system and are
strong defenders of individual human rights. The nation has
no military forces or political security apparatus.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity for the Person Including
Freedom from:

a. Political Killing

Politically motivated killings did not occur.

b. Disappearance

There were no cases of abductions, hostage taking, or
disappearances .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel, inhuman, or degrading treatment or
punishment are prohibited by law and do not occur in
practice. The operating methods of the police and prison
conditions in Iceland are excellent by international standards.

d. Arbitrary Arrest, Detention, or Exile

Due process is guaranteed by law and observed in practice.
The Constitution guarantees that any person detained by the
authorities must be brought before a judge within 24 hours and
either charged, bound over, or released. There were no
allegations of arbitrary arrest. There is no preventive
detention or forced labor, nor is exile practiced.

e. Denial of Fair Public Trial

Defendants receive fair public trials. The courts are free of
political control although the lower court system is
administered by the Ministry of Justice. However, the Supreme
Court carefully guards the lower courts' independence and
fairness. Defendants are guaranteed the right to com.petent
counsel of their own choice, and the State pays attorney fees
when defendants are unable to do so. Juries are not normally
used, but multijudge courts are common, particularly in the
appeals process. There are no political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under law and in practice, there is a longstanding, deep
respect for the autonomy and rights of individuals. A warrant
from a court is required for entry into a home except in cases
of hot pursuit. Arbitrary intrusions by official entities,
political organizations, or any other organized group into the
personal liberties of Icelanders did not occur.

951

ICELAND
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

A vigorous and independent press, a legal system which
includes safeguards for individual rights, and a functioning
democratic political system combine to ensure freedom of
speech and press. Individual citizens and the media freely
exercise their right to criticize the Government. Although
most schools and institutions of higher education are publicly
owned, academic freedom prevails. Censorship is applied to
print and film materials in order to control public display of
pornography and violence, but there is no other government
censorship of any type.

b. Freedom of Peaceful Assembly and Association

By law and in practice, persons are free to join together
formally or informally to promote nonviolent causes or to
protest government policies or actions. A varied and wide
spectrum of voluntary organizations plays an important part in
Icelandic politics and society. All such organizations and
groups are free to maintain international contacts.

Labor relations are highly organized and democratic. Workers
and employers make extensive use of the right to establish
organizations, to draw up their own constitutions and rules,
to choose their own policies and representatives, and to
bargain collectively on wages, working conditions, and other
related issues. Labor unions are active and influential in
the nation's economic and political life and in the
development and administration of a comprehensive social
welfare system.

c. Freedom of Religion

Although the Lutheran Church is the established church of
Iceland and the vast majority of citizens are nominally
members, there is complete freedom for other faiths.
Religicus affiliation is not a factor in political or social
life.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Icelanders have complete freedom to travel at home and abroad,
to emigrate, and to return to Iceland at will.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The political system is an open, fully functioning,
parliamentary democracy with a high level of popular
participation. Following the last parliamentary election in
April 1983, there was an orderly transfer of power to a new
coalition government. The remaining four political parties
form the parliamentary opposition. A high voter turnout in
elections, the use of party primaries to select most
parliamentary candidates, proportional representation in
multimember districts, and a cultural insistence on the
representation of the views of all significant groups
contribute to an active and informed political life.

66-986 0-87-31

952

ICELAND

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

There were no reports of violations of human rights. Several
human rights organizations in Iceland, including Amnesty
International, take an active interest in international human
rights issues.

Section 5 Discrimination Based On Race, Sex, Religion,
Language, or Social Status

Iceland has an ethnically homogeneous population of 241,750
which enjoys a high standard of living and the benefits of a
developed social welfare state on the Scandinavian model.
Food, shelter, health care, and education are readily
available to all without discrimination.

Icelanders are highly egalitarian. Women participate freely
in social, economic, and political life. Nevertheless, women
are under represented in the professions, management, and
politics and are continuing their efforts to expand their
roles and rights. Iceland's popularly elected Chief of State
is a woman, and one of its ten cabinet ministers is also a
woman .

CONDITIONS OF LABOR

In the workplace, Icelandic workers are protected by laws
designed to ensure their health and safety as well as to
guarantee them unemployment insurance, paid vacations, and
reasonable working conditions and hours. The employment of
children below the age of 16 in factories, on ships, and in
other places where hazardous conditions prevail or hard labor
is required, is prohibited by law.

953

IRELAND

The Republic of Ireland is a parliamentary democracy with a
long tradition of orderly transfer of power. Individual
liberties and civil rights are guaranteed by the 1937 Irish
Constitution and subsequent Supreme Court interpretations.

Successive Irish Governments have had to deal with the
spillover into the Republic of recurring outbreaks of violence
in Northern Ireland. In recent years, this has resulted in
the deaths of police officers, soldiers, and civilians due to
the actions of the Provisional Irish Republican Army (PIRA)
and the Irish National Liberation Army (INLA). This violence
has led Irish Governments to adopt special legislation to deal
with acts of terrorism. During 1986 the Government, in the
opinion of leading rights groups in Ireland, sought to apply
such special legislation with restraint, although some
observers are concerned at the use of these powers in cases
where no political connections are apparent.

The Government and people of Ireland attach great importance
to the observance and maintenance of human rights both in
theory and practice.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Politically motivated killings occasionally occur in Ireland
as a spillover from the violence in Northern Ireland. There
were no political slayings in the Republic in 1986.

b. Disappearance

People are not abducted, secretly arrested, or held in
clandestine detention by the Irish authorities.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Freedom from torture and cruel, inhuman, or degrading
piinishment is respected in practice by the Government. From
time to time, allegations have been made that individual
policemen have used physical abuse during interrogations or
have mistreated prisoners. As an adjunct to the Omnibus
Criminal Justice Act of 1984, Parliament passed the Garda
Siochana (complaints) Act of 1986. Not yet implemented, the
Act provides for the investigation and adjudication of
complaints about the conduct of members of the police. It
establishes a Complaints Board and a Complaints Appeal Board,
and calls for the appointment of a Board of Tribunals to
consider breaches of discipline and related matters.

d. Arbitrary Arrest, Detention, or Exile

The Constitution contains provisions implementing its
guarantee that "no citizen shall be deprived of his personal
liberty save in accordance with law." The same section of the
Constitution provides for a judicial determination of the
legality of a person's detention and requires that the
arresting authorities make written explanation to the court
about the person concerned. Neither in law nor in practice is

954

IRELAND

anyone subject to arrest for the expression of political or
religious views. Arrest is carried out openly and the right
to a fair and speedy trial with full right of legal counsel
exists in law and practice. Detention without charge is
restricted. It is permitted for a maximuin of 48 hours,
however, in cases covered by the Offenses Against the State
Act of 1939, legislation designed to "prevent actions and
conduct calculated to undermine public order and the authority
of the State." This legislation was reactivated in 1972 and
broadened to include other "scheduled offenses" against peace
and order. The police can now arrest and detain for
questioning anyone suspected of any offense involving damage
to property. After the 48-hour period, the individual must be
brought before a magistrate, presented with written charges,
and be given legal representation.

The Omnibus Criminal Justice Act of 1984 gives somewhat
increased powers to the police in the area of detention for
interrogation. By the terms of the Act, however, these
provisions cannot be invoked until a police complaints
mechanism is established.

Critics of the Omnibus Criminal Justice Act argue that the
increased powers it will give to the police, in particular,
detention without charge and the curtailment cf che right to
silence, are out of proportion to the threat addressed and are
unhealthy for democracy. Defenders of this legislation point
out that two issues of human rights are at stake: the right of
citizens to be protected against crime and the safeguarding of
individual rights from abuse by police.

There is no forced labor in Ireland.

e. Denial of Fair Public Trial

Fair public trial is guaranteed by the Constitution and
respected in practice. The courts are independent, and jury
trial is the norm. The Constitution provides, however, for
the crtation of "special courts" to deal with cases where the
"ordinary courts are inadequate to secure the effective
administration of justice, and the preservation of public
peace and order." The Offenses against the State Act of 1939
formally set up such courts and provides that they may try
persons for offenses against national security, especially
cases of political violence. Rather than having juries, these
courts have panels of judges, each consisting of an uneven
number of judges, but in any event not less than three. Their
verdicts are by majority vote. Rules of evidence generally
are similar to those of regular courts, except that the sworn
statement of a police Chief Superintendent that the accused is
a member of an illegal organization is considered prima facie
evidence of such membership. Court sessions are usually-
public but may exclude certain persons, other than genuine
press representatives. There is provision for free legal aid
and appeal against conviction or sentence.

There is no provision under Irish law for use of political
offense arguments to evade prosecution or otherwise receive
special consideration in law enforcement and judicial
processes, except in extradition, and even there, the Supreme
Court in recent years has severely circumscribed use of that
argument. Such arguments are often made by members of the
PIRA and other illegal organizations convicted of terrorist
offenses .

955

IRELAND

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Though not specifically provided for in the Constitution, the
basic human right of noninterference with personal privacy,
family, and home is affirmed by the Supreme Court and
generally observed. The Constitution, however, provides that
the State shall enact no law "providing for the grant of the
dissolution of marriage." In a national referendum in June on
amending the Constitution to permit divorce in limited
circumstances, the amendment was overwhelmingly defeated.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are guaranteed by the Constitution and
generally respected in practice. The State endeavors to
insure that organs of public opinion, while preserving liberty
of expression (including criticism of government policy), are
not used to undermine public order, morality, or the authority
of the State. Furthermore, "publication or utterance of
blasphemous, seditious, or indecent matter" is an offense
punishable by law.

Ordinarily, such censorship as exists in Ireland is directed
largely toward materials considered pornographic in nature.
Nonetheless, the state-owned radio and television network, on
the basis of the constitutional provisions dealing with public
order and the authority of the State, denies air time to
members of a list of organizations including Sinn Fein, the
outlawed PIRA's legal political wing. In late 1982, this
prohibition was challenged before the Irish Supreme Court and
upheld on constitutional grounds. All political parties not
on the list are given full and regular access to both
public-owned radio and television facilities and major
independent daily newspapers. Criticism of the Government in
such media is not only allowed but flourishes.

b. Freedom of Peaceful Asser.±)ly and Association

These freedoms are guaranteed by the Constitution and
respected in practice. Certain terrorist organizations, such
as the PIRA, however, are illegal, and membership in them is
an offense against national security. The INLA was added to
this list in early 1983. Political parties or groups
associated with such organizations, such as Provisional Sinn
Fein, are not proscribed.

Labor unions have full freedom to organize and to engage in
free collective bargaining. The Irish Congress of Trade
Unions, which represents unions in both the Republic and
Northern Ireland, has 89 member unions with over 650,000
members. The Irish Labor Party severed its formal
relationship with the trade union movement in the 1930 's,
although some unions, including several of the largest, pay
subscriptions to the Labor Party and assist candidates. Union
officials and members play an active role in politics through
the parties of their choice. Labor unions are permitted to
conduct protests, including secondary and wildcat strikes.
There are no compulsory settlement procedures.

Although there is no basic law governing trade union
activities, most terms and conditions of employment are

956

IRELAND

determined through collective bargaining. The right to join a
union is guaranteed by law, as is the right to refrain from
joining. Most businesses (covering over 56 percent of the
labor force) are unionized.

c. Freedom of Religion

Ireland is 94 percent Roman Catholic. The Constitution
guarantees freedom to all religious groups. There are no
restrictions upon freedom of worship or association.

Discrimination in employment, education, and other fields
based on religious grounds has not been alleged. Some Irish
laws, such as the prohibition against divorce, reflect the
point of view of the majority community. The area of family
law is the subject of much current debate in which minority
religious communities have felt fully at liberty to take a
vocal and active role.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There is complete freedom of movement within the country, and
freedom to engage in foreign travel, emigration, and voluntary
repatriation. Ireland has accepted displaced persons on a
limited basis.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Ireland has had a consistent history of orderly transfer of
power by elections since the end of the Irish Civil War in
1923. The country has two major parties, three smaller
parties, and provision for independents to stand for election
to either house of Parliament. The constitutional requirement
that elections be held at least every 5 years has always been
met. Ireland uses a proportional voting system, and the
secrecy of the ballot is fully safeguarded. The Government
elected in November 1982 is a two-party coalition in which the
party leader of the larger party serves as Prime Minister.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government generally cooperates with independent outside
investigations of alleged human rights abuses, although it has
not always been receptive to prisoners' rights groups.
Amnesty International is active, as is the Irish Council for
Civil Liberties. Both operate freely and without hindrance in
Ireland as the principal independent organizations interested
in domestic human rights issues.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Government social services provide adequate shelter,
nutrition, health care, and education without regard to race,
religion, sex, ethnic background, or political opinion.
People whose means are inadequate and who are not entitled to
other benefits may receive pensions or other payments from
public funds.

In recent years women have been playing a more significant
role in the Irish work force. Although the Constitution

957

IRELAND

recognizes the woman's role in terms of "her life within the
home," women have been entering the office and marketplace
relatively smoothly but slowly. Studies have highlighted the
difference in pay scales between men and women and the fact
that in recent pay increases female workers have lagged
considerably behind the male sector, thus further widening the
gap. Equal pay for equal work, the elimination from the
social welfare system of discrimination against women, and
reform of the law on rape are priorities on the growing agenda
of Ireland's small but increasingly active women's movement.

CONDITIONS OF LABOR

The minimum age for employment is 15 years. Irish laws limit
the hours of employment for 15-year-olds to 8 hours per day
and 40 hours per week. Those 16 and 17 years of age may work
up to 9 hours per day and 40 hours per week. Those 18 years
and older are, in the case of shop employees and industrial
workers, limited to 48 hours per week plus 12 hours overtime.

There is no general minimum wage legislation in Ireland.
However, some 56,000 workers are covered by minimvmi wage laws
applicable to specific industrial sectors, mainly those which
tend to pay lower than average wages. Four basic laws dealing
with occupational safety provide adequate coverage. An
extensive system of public health insurance offers health
protection.

958

U.S.OVERSEftS -LOtNS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: IRELAND

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VCL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TDTAL

. n J-LOANS....,
IN FOR. CURR....

II-TOTAL

lEF.EC.DEV i WFP,
ELIEF AGENCY....,
R ECON. ASSIST..

ANS

ANTS

PEACE CORPS ■

NARCOTICS

OTHER

II.^IIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.ED.TRN3. .
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. I MIL,

LOANS

GRANTS

0.0

50.0

0.0

50.0

0.0

50.0

0.0

50.0

0.0

50.0

0.0

50.0

0.0

50.0

OTHER US LOANS. . . ,
EX-IM BAN< LOANS,
ALL OTHER ,

0.0
0.3
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

0.0

153.3

IBRD

0.0

-0.0

152.5

IFC

0.0

IDA

0.0

ID3

D.O

0.0

■ 0.0

AOB

3.0

0.0

AFOB

Q.O

0.0

UNDP

0.0

0.7

OTHER-UN

0.0

0.1

EEC

0.0

959

ITALY

Italy is a democratic, multiparty republic with a
parliamentary system of government. Legislative power is
invested in the Parliament, which is directly and freely
elected on the basis of universal adult suffrage. Executive
authority is concentrated in the Council of Ministers. Italy
has an independent judiciary. The Chief of State, the
President, is elected by Parliament and representives of
Italy's 20 regions.

Terrorist violence of both the left and right has remained at
low levels in recent years, due to the effective work of
police and magistrates and its overwhelming rejection by the
people as a whole. Although terrorism has yet to be
completely overcome, its considerable reduction has freed
increased law enforcement resources for the struggle against
organized crime, which remains a serious problem.

Italy has an industrialized market economy ranking among the
top 10 in the world in gross national product. It is
characterized by sizable government ownership in the primary
industrial sectors and by a dynamic private sector, especially
at the level of small and medixom-sized companies.

The drafters of Italy's post-World War II Constitution were
strongly influenced by Roman Catholic and social democratic
traditions. The Constitution contains guarantees of political
and civil rights that are generally observed in practice.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

In 1986, there was one confirmed killing by an Italian
terrorist organization, the Red Brigades. The victim was
Lando Conti, former Mayor of Florence. A related group
carried out a failed assassination attempt in which a member
of the terrorist command was killed. The would-be victim was
an economic adviser to the Prime Minister. Levels of
terrorism have dropped in recent years. Italian terrorists of
the far left now generally concentrate on sporadic attacks on
persons associated with the defense establishment, NATO, and
government economic policy.

Various criminal investigations have yielded evidence that
Middle Eastern groups involved in terrorism have been active
in Italy, some possibly supported by governments in the area.
However, the only confirmed attack of Middle Eastern origin
involving Italy in 1986 occurred in April, when an explosive
device killed four people on a TWA flight from Rome to
Athens. It is unclear whether the bomb was brought aboard the
airplane in Rome or at another point along its route.

b. Disappearance

There were no cases of disappearance linked to or condoned by
the State or its agents. There were no kidnapings by
political terrorist groups in 1986.

960

ITALY

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Freedom from torture is guaranteed by law and respected in
practice. Cruel and degrading punishment is forbidden by law
and is not generally employed by officials. Law enforcement
officers accused of breaking these rules have faced criminal
charges. In its 1986 report covering 1985, Amnesty
International reported the death in police custody of
Salvatore Marinto and said it had information indicating the
body showed signs of torture by the authorities. The
Government subsequently arrested 18 officers for involvement
in the death. Fourteen of the 18 were later released
conditionally.

Conditions of confinement vary, and some places of detention
are outdated and crowded but not inhumane or degrading.
Prisoners charged or convicted of terrorist acts are generally
separated from other prisoners. Amnesty International in its
1986 report stated that one prisoner held for 5 years in
preventive detention and reportedly suffering ill health had
been denied medical treatment.

d. Arbitrary Arrest, Detention, or Exile

Police procedures in Italy are carefully circumscribed by law
and judicial oversight. Arbitrary arrest is not practiced.
Anyone detained by the authorities must be charged within 48
hours. In normal criminal cases, the duration of pretrial
detention permitted varies according to the gravity of the
crime. Under reforms passed in 1984, the maximum that any
person may be held in preventive detention, even for the most
serious crimes, is 6 years, and no more than 2 years at each
step of the trial and the long appeals process. Nevertheless,
Amnesty International has complained about the excessive
length of pretrial detention. As a safeguard against abuse,
"Liberty Tribunals" are empowered to review evidence in cases
of persons awaiting trial and to decide whether continued
detention is warranted.

There is no forced or compulsory labor. Exile as a form of
punishment is unknown.

e. Denial of Fair Public Trial

A fair trial is assured by law and observed in practice in
almost all cases. Counsel is provided for the accused, free
of charge if necessary. The judiciary is independent of the
executive, and there are no political or security courts. All
cases may be appealed to the highest appellate court, the
Court of Cassation. There are no political prisoners.

Considerable debate continued in 1986 over procedures which
allow reduced sentences for confessed offenders willing to
testify against associates and accomplices. The system was
used effectively to combat terrorism and is now being employed
against organized crime.

Although there is no evidence of a systematic abuse of the
procedure by authorities, a series of highly publicized
acquittals on appeal in 1986 brought increased criticism of
magistrates for overreliance on it. Critics maintain that
such plea-bargaining allows too much latitude to individual
magistrates, who may be tempted to make an arrest before

961

ITALY

obtaining evidence to corroborate testimony by plea-bargainers
(which may not always be reliable — particularly in organized
crime investigations). It is also claimed that the procedures
violate the principle of equal penalties for equal crimes.

A number of political parties and private organizations have
banded together to promote a series of national referendums on
judicial reform which are scheduled to be held in 1987. If
passed, they would bring major changes in Italian court
procedures and rules, as well as in the use of preventive
detention. Tho Government is also studying proposals for
judicial reform which, if passed in the meantime, could render
some, if not all, of these referendums unnecessary.

Amnesty International has complained that, in one case in
1985, two defendants were charged with crimes for which they
had already been tried.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The concept of the privacy of the home is legally safeguarded
and respected by the authorities. Searches and electronic
monitoring may be carried out only under judicial warrant and
in carefully defined circumstances.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Free speech and a free press are assured under Italy's
democratic political system, which allows full expression of a
wide spectrum of political views. Although there is no
censorship, publications may be seized for violations of
obscenity laws or for defamation of state institutions. These
powers are seldom invoked. Government-run radio and
television are politicized at the administrative level but are
open to widely differing views. A large number of private
broadcasters air vigorous debate on political and social
issues .

b. Freedom of Peaceful Assembly and Association

Italian citizens' right of free assembly is limited only in
cases where national security or public safety is endangered.

Trade unions are not government controlled, and their right to
organize, engage in collective bargaining, and strike are
fully protected by the Constitution. They associate with
international labor bodies freely and without interference.
According to Government figures, about 40 percent of the work
force is organized. Professional and employer associations
also organize and represent their constituencies freely.

c. Freedom of Religion

Italy's relations with the Roman Catholic Church are governed
by a 1984 agreement (Concordat) between the Italian Government
and the Holy See, ratified in 1985. The new agreement,
replacing the Concordat of 1929, recognizes the rights and
place of the Church but no longer accords it the status of a
state religion. The Roman Catholic Church continues
informally to enjoy special standing in Italy because of the
presence of the Vatican and because the overwhelming majority

962

ITALY

of Italians are at least nominally Roman Catholic.
Nevertheless, persons are free to profess and practice any
religious faith. All religions are free to organize and
proselytize within the limits imposed by the laws governing
public order. The Government has reached agreements with some
other religious groups to define their rights and standing.
Roman Catholic religious instruction is offered in public
schools as an optional subject.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Italian citizens may travel freely both within the country and
abroad. Emigration is unrestricted. Citizens who leave are
guaranteed the right to return, and the Constitution forbids
deprivation of citizenship for political reasons. Italy has
been a haven for many persons fleeing persecution in other
countries. There were no cases of forced repatriation of
political refugees in 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Italy is ruled democratically under its free parliamentary
system. Although the Constitution outlaws the Fascist party,
a wide range of organized and active political parties exists
from the far left of the political spectrum to the far right.
Election campaigns are free and open, and voting is by secret
ballot. The two chambers of Parliament and regional,
provincial, and municipal councils are elected at regular
intervals. Opposition groups are active and are frequently
able to alter or reject government policies. The regions of
Trentino-Alto Adige and Val D'Aosta are organized under
special statutes aimed at safeguarding the rights of their
respective German- and French-speaking minorities.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Italian Government and nongovernmental human rights
organizations support human rights around the world. Italy
participates fully in various international human rights
organizations. Political parties and religious groups
participate in activities related to human rights.
Organizations active in human rights affairs include Amnesty
International, the Official Interministerial Committee for the
Rights of Man, the Institute of Humanitarian Law, and Caritas
International .

Nongovernmental organizations are free to investigate
conditions in Italy, attend trials, and publish their
findings. For example, in 1986 a number of suicides among
recently conscripted army recruits drew widespread attention
to the basic training system and to the traditional hazing of
newcomers by more senior recruits. In addition to the Defense
Ministry's official investigations, political parties,
newspapers, and private organizations (including pacifist
organizations) have examined and reported on the issue in
detail. Statistics indicate that the suicide rate among
Italian recruits is lower than in other NATO conscript
armies. However, some of these reports have been critical of
the armed forces. A wide range of proposals, both official

963

ITALY

and nongovernmental, have been made for the improvement of
conscription, training, and barracks regimen.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion.

Women generally have equal status under the law and
participate freely in social and political life, though they
are under represented in the professions and management and
continue to work to expand their role. There are legal
limitations on women's property rights in marriage which
derive from traditional social practices.

CONDITIONS OF LABOR

Minimum work and safety standards are established by law and
buttressed and extended in collective labor contracts. The
basic law of 1923 provides for a maximum work week of 48
hours — no more than 6 days per week and 8 hours per day. The
8-hour day may be exceeded for some special categories. Most
collective labor agreements provide for a 36- to 38-hour
week. Overtime may not exceed 2 hours per day or an average
of 12 hours per week.

There is no minimum wage set under Italian law; basic wages
and salaries are set forth in collective labor agreements.
National collective labor agreements set forth minimum
standards to which individual employment agreements must
conform. In the absence of agreement between the parties, the
courts may step in to determine fair wages on the basis of
practice in related activities or related collective
agreements .

Basic health and safety standards and guidelines for
compensation for on-the-job injury are set forth in an
extensive body of law and regulations. In most cases, these
standards are exceeded in collective bargaining agreements.

Under current legislation, no child under 15 years of age may
be employed (with some specified exceptions). The Ministry of
Labor, having consulted with the labor organizations, may
exceptionally authorize the employment on specific jobs of
children over 12 years of age. The minimum age is 15 for men
employed in dangerous, fatiguing, and unsanitary work; 16 for
men employed: underground; in quarries, mines, and tunnels
without mechanical vehicles; in weight lifting and carrying;
in loading and unloading sulphur ovens in Sicily; and in
occupations harmful to the workers' morale. No worker under
18 years may be employed in driving and pulling trucks and
carriages, or in jobs for the manufacture, handling, and
salvaging of explosives. No women, regardless of age, are
permitted to be employed underground, in quarries, mines, or
tunnels. Only women over 21 are allowed to work on dangerous,
fatiguing, and unsanitary jobs, on the cleaning and servicing
of engines, or on moving machinery.

964

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: ITALY

1984

1985

1986

I. SCON.
LO
GR
A. AID
LO
GR
CSEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.RcL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL.

ANS

ANTS

ANS

ANTS

.SU°P. ASSIST.) ...

FOR PEACE

ANS

ANTS

I-TOTAL

. I^J S-LOANS....,
IN FOR. CURR....,

II-TOTAL ,

lEF.EC.DEV S, WFP,
ELIEF AGENCY.. .. ,
R cCON. ASSIST..,

ANS

ANTS

PEACE CORPS ,

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.EO.TRNG. .. .
O.TRAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. & MIL...

LOANS

GRANTS

10.0

1.7

0.0

10.0

1.7

0.0

10.0

1.7

0.0

10.0

1.7

0.0

10.0

0.0

0.3

0.0

a.o

0.0

10.0

1.7

0.0

10.0

1.7

0.0

OTHER US LOANS. ...
EX-IM 3ANI^ LOANS,
ALL OTHER

145.5
145.5

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

0.0

399.6

I3?D

0.0

398.0

IFC

0.0

1.0

IDA

0.0

103

0.0

A03

D.O

0.0

AFOB

0.0

. 0.0

0.0

UNDP

0.0

0.2

OTHER-UN

0.0

0.4

ee:

0.0

965

LATVIA*

An independent Baltic state between the two World Wars, Latvia
was annexed by the Soviet Union in 1940 as a constituent
republic of the U.S.S.R. The United States does not recognize
the forcible incorporation of Latvia into the U.S.S.R.

Latvia is subjected to the same centralized rule, the same
Constitution and judicial system, the same restrictions on
civil and political liberties, and the same police controls as
the republics in the Soviet Union. Moreover, Soviet policy
toward the Latvian nation arouses great concern because the
process of Russif ication threatens its survival as a distinct
ethnic group. The influx of Slavic migrants has reduced the
proportion of Latvians in Latvia to only 53 percent of the
total population. In Riga, the capital of Latvia, Latvians
comprise 41 percent of the total population.

Like the other Baltic states, Latvia is regarded as
economically better off than most areas of the Soviet Union.
This is beginning to change, however, as the central
authorities divert scarce resources to less developed areas.

Human rights violations by the authorities continued in 1986.
Expressions of national consciousness were harshly repressed.
The state of religious liberty continued to deteriorate as the
authorities harassed the clergy and lay leaders of several
faiths. Latvians active in human rights issues continued to
face persecution and arrest.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Several Latvian activists have died in Soviet custody in
recent years, although no deaths were reported in 1986.

b. Disappearance

There were no known cases of permanent or prolonged
disappearance .

c. Torture or Cruel, Inhuman, or Degrading Treatment or
Punishment

Throughout the Soviet system, cruel and inhuman treatment of
political prisoners occurs during both interrogation and
confinement to labor camps, prisons, or psychiatric hospitals.
Physical and psychological abuse of prisoners is common, as is
detention under extremely unhealthy or otherwise onerous
conditions. For example, Zakhar Zunshain was beaten so badly
upon arrival at the Irkutsk labor camp that he suffered broken
ribs and damage to his kidneys.

* Given Soviet control over all aspects of life in Latvia, the
systemic human rights abuses described in the report on the
U.S.S.R. apply also to Latvia. This report discusses only
instances of repression specific to Latvia.

966

LATVIA

d. Arbitrary Arrest, Detention, or Exile

Soviet legal provisions are written and interpreted so broadly
that Latvians may be arrested and convicted for exercising
basic human rights.

e. Denial of Fair Public Trial

As in the Soviet Union, the Communist Party subverts
constitutional guarantees of the objectivity and independence
of the judicial process in political cases. The self-
determined compelling needs of the State override the rights
of a defendant .

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Through the use of informers, mail censorship, electronic
monitoring of telephones, and other devices, government
authorities have the ability, widely exercised, to interfere
in every aspect of personal life. Constitutional guarantees
to the contrary, Soviet investigative agencies do not abstain
from forced entry and illegal searches.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for most internationally accepted
political liberties as long as their exercise accords with the
strengthening and security of the "Socialist" system. In
practice, the authorities do not tolerate freedom of speech
and press or any dissident behavior.

In September 1986, Latvians in and near Riga received
unprecedented exposure to differing points of view on
Soviet-American relations and related issues. For 6 days,
the Soviet Friendship Society was host to the bilaterally
sponsored "Chautaucjua" Conference in the coastal city of
Yurmala, near Riga. Latvian television, also received in
Estonia and Lithuania, provided an hour or more every night
from the conference discussions and broadcast five concerts by
American performers as well. However, highly selective
reporting of sensitive issues by the central television and
press, together with warnings to local inhabitants against
contact with conference delegates, reflected continued Soviet
denial of the right to receive other than officially approved
information.

b. Freedom of Peaceful Assembly and Association

The right of association is provided for in the Constitution,
but the authorities strictly control all associations and
organizations. Latvians peacefully celebrating Latvian
independence day are subject to arrest. Foreigners visiting
their Latvian relatives are frequently interrogated and
harassed .

As noted previously, Soviet authorities made repeated and
concerted efforts to control contacts between American
Chautauqua delegates and unofficial Latvians. These attempts
largely failed, however, due to the high profile of the
conference and Soviet unwillingness to take dramatic
restrictive actions which would have spoiled the conference's
atmosphere .

967

LATVIA

Soviet labor law and practice are enforced in Latvia.
Although the Constitution guarantees all Soviet citizens the
right to form trade unions, any efforts by workers to exercise
this right independently of state-sponsored and controlled
unions have been brutally repressed.

c. Freedom of Religion

Despite constitutional guarantees, religious activity is the
subject of systematic official harassment. Latvians were
among the Soviet Pentecostalists who signed a 1986 appeal,
sent to General Secretary Gorbachev and President Reagan,
against constant harassment and continued refusal of exit
visas. Members of the Roman Catholic, Baptist, and
Seventh-Day Adventist churches also appear to have encountered
more difficulties with the authorities than the larger
Lutheran church, perhaps because of their outspokenness. One
Lutheran pastor was reportedly released this year after
serving only 1 year of a 5-year sentence for "anti-Soviet
agitation and propaganda." The release followed his public
renunciation of his "subversive" views. On the other hand,
Lidija Doronina-Lasmane, a Baptist, remains in a prison camp
in Mordovia.

Although Latvian Jews suffer marginally less harassment than
other Jewish communities in the Soviet Union, the community
remains widely restricted in its ability to practice Judaism
and to educate its youth. One Jewish refusenik activist,
Zakhar Zunshain, was sentenced to a labor camp in March 1984
for "slander of the Soviet State." Although his health has
deteriorated markedly, prison authorities have reportedly
threatened to invoke a recently implemented law to extend his
sentence indefinitely.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Soviet authorities do not respect the right of emigration.
The granting of permission to emigrate from Latvia is
arbitrary and subject to increasing restrictions. The
authorities harass Latvians whose desire to emigrate is known
by denying them work in their specialty, by excluding them
from educational institutions, and by other punitive measures.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

As in other areas under Soviet control, political activity
outside the Communist Party is not tolerated.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Soviet Government rejects any foreign criticism of its
human rights record, maintaining that all internationally
recognized human rights are fully protected. Its attitude
toward investigation of the human rights situation in Latvia
is uncompromisingly negative.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Since its annexation, Latvia, with its population of about
2.5 million, has become an industrial workshop and trading

B68

LATVIA

center for the Soviet Union. The process of industrialization
was accompanied by a large influx of Slavic workers from
elsewhere in the Soviet Union because of Latvia's small labor
force and low birth rate.

The large proportion (about 47 per cent) of non-Latvians in
the population has placed the Latvian language and culture in
jeopardy. Lacking an internal rallying point, such as the
Roman Catholic Church provides for Lithuanians, Latvians face
poor prospects in their efforts to preserve their cultural
traditions .

CONDITIONS OF LABOR

969

LITHUANIA*

Lithuania, the largest of the three Baltic states, was
forcibly annexed by the Soviet Union as a constituent republic
of the U.S.S.R. in 1940 after having enjoyed independence
between the two World Wars. The United States does not
recognize this forced incorporation of Lithuania into the
U.S.S.R.

Lithuania is subjected to the same centralized rule, the same
Constitution and judicial system, the same restrictions on
civil and political liberties, and the same police controls as
the republics of the Soviet Union. The non-Lithuanian segment
of the population, now estimated at about 20 percent, has been
growing in recent years as a result of official settlement
policy.

As in the other Baltic states, the standard of living in
Lithuania is somewhat higher than the Soviet average.
Agricultural and industrial production increased in 1986, but
Soviet redistribution policies continued to force down
Lithuanian living standards toward lower all-union levels.

Official disregard for human rights in Lithuania continued in
1986. Soviet authorities continued their campaign against
human rights activists and against the Roman Catholic Church,
which is preparing for the 1987 celebration of the 600th
anniversary of Christianity in Lithuania.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Although Lithuanian activists have on occasion died in Soviet
custody, it is often impossible to prove official
responsibility for the deaths of persons involved in human
rights activities. On February 6, 1986, Father Juozas
Zdebskis was killed in a mysterious car accident which
reminded many of the 1980-81 deaths under similar
circumstances of other priests involved in human rights
activities. Zdebskis had been warned on several occasions by
Soviet officials to cease his work for the Catholic Committee
for the Defense of Believers' Rights.

b. Disappearance

There were no known instances of permanent or prolonged
disappearance .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Political dissidents are frequently mistreated during
interrogation or confinement in labor camps, prisons, or
psychiatric hospitals. Persons accused of publishing or

* Given Soviet control over all aspects of life in Lithuania,
the systemic human rights abuses described in the report on
the U.S.S.R. apply also to Lithuania. This report discusses
only instances of repression specific to Lithuania.

970

LITHUANIA

distributing underground publications receive harsh sentences,
including terms in prisons or labor camps, exile, or
commitment to psychiatric hospitals. The typical charge is
"anti-Soviet agitation and propaganda." For example,
Lithuanian Helsinki Group member Victoras Petkus, imprisoned
for human rights activities in 1977, has reportedly been in
bad health since serving a term in a labor camp in 1983-84.
There has been no direct news of Petkus since August 1983, but
the 1986 release of Anatoliy (Natan) Shcharansky, who shared a
cell with Petkus for 16 months early in their sentences,
provided added information as to Petkus' unhealthy condition
at that time.

Lithuanian activists continue to focus on the August 22, 1985
attack on Father Vaclovas Stakenas, a member of the Catholic
Committee for the Defense of Believers' Rights. The attack
has been compared to that which resulted in the death of
Father Popieluszko in Poland in 1984.

d. Arbitrary Arrest, Detention, or Exile

The provisions of Soviet law are so broadly worded that they
have been used to prosecute persons exercising basic human
rights .

e. Denial of Fair Public Trial

As in the Soviet Union, the Communist Party subverts
constitutional guarantees of the objectivity and independence
of the judicial process in political cases. The
self-determined "compelling needs of the State" override the
rights of a defendant.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Informer networks, censorship of mail, electronic monitoring
of telephones, and jamming of foreign radio broadcasts enable
government authorities to interfere in nearly every aspect of
personal life. Constitutional guarantees to the contrary,
Soviet investigative agencies do not abstain from forced entry
and illegal searches. Contacts between Lithuanians and
foreign visitors are strongly discouraged, and those who
maintain such contacts are subject to harassment by the
authorities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for most internationally accepted
political liberties, provided that their exercise does not
challenge or differ from the interests of the party and
State. As is shown by the frequent imprisonment of religious
leaders, human rights activists, and those involved in
underground publications, Soviet officials have little respect
for freedom of speech and press. The degree of their
sensitivity to uncontrolled printing operations was revealed
in a January 21 report in the newspaper Sovyetskaya Kultura
regarding the discovery of a 7-year-old underground printing
operation in Gargzdai in northwest Lithuania. Five persons
involved were arrested, tried, and sentenced for up to 3 years
for having printed religious cards, calendars, and
prayerbooks — all designated by the authorities as
"contraband." Underground publications which appear regularly

971

LITHUANIA

include the Chronicle of the Catholic Church in Lithuania,
Ausra (Dawn), Tautos Kelias (The Path of the Nation), Lietuvos
Ateitis (Lithuania's Future), and Perspektyvos (Perspectives).

b. Freedom of Peaceful Assembly and Association

The right to associate freely is provided for in the
Constitution, but the authorities strictly control all
associations and organizations.

Soviet labor laws and practices are enforced in Lithuania.
Although the Constitution guarantees all Soviet citizens the
right to form trade unions, any efforts by workers to exercise
this right independently of state-sponsored and controlled
unions have been brutally repressed. Given Soviet concern
that the ideas of the Polish Solidarity trade union movement
might spread, this has been especially true in Lithuania,
which has close historical ties to Poland and the Catholic
Church.

c. Freedom of Religion

Despite constitutional guarantees, religious activists are
subject to systematic harassment. Soviet authorities have
apparently mounted a large-scale assault on all religious
activists not controlled and sponsored by the State, with
special emphasis on the Lithuanian Catholic Church. Soviet
officials reportedly have taken control of church committees
and excluded priests from some of these bodies. Because of
officially imposed limits on admissions to Lithuania's only
theological seminary, over 100 parishes are said to be without
a permanently assigned pastor. Children are routinely
harassed to deter them from attending church services. In
school the children of believers are sometimes forced to join
atheist organizations on threat of punishment. Catholics
attending religious festivities have been interrogated and
physically abused, and historic shrines and artifacts have
been desecrated.

Because of the difficult conditions created by government
reprisals and threats, the group calling itself the Lithuanian
Catholic Committee for the Defense of Believers' Rights has
been forced to go underground. In the last 3 years, three
members of the group have been convicted of anti-Soviet
agitation and propaganda or disrupting public order. Fathers
Jonas Matulionas, Alfonsas Svarinkas, and Sigitas Tamkevicius
are still in prison. A young Catholic student, Roman
Zemaitis, was tried and convicted with Matulionas and is
serving 2 years in a labor camp.

Despite these convictions and continuous attempts to suppress
its activities, the Catholic Church remains active and
vigorous. The 70th issue of the Chronicle of the Catholic
Church in Lithuania (dated April 23, 1986) carried a 1985
protest from 127 Lithuanian priests to General Secretary of
the Communist Party of the Soviet Union Gorbachev which
charged the Soviet regime with failure to comply with
Lithuanian law, the Soviet Constitution, Article 18 of the
Universal Declaration of Human Rights, and Section VII of the
Helsinki Final Act. They specifically criticized Soviet
actions which "morally terrorized" children of religious
parents for attending church, suppressed church rites and
religious education, controlled the appointment of priests and
bishops, and prosecuted activist priests and believers.

972

LITHUANIA

Another attack on Soviet policies surfaced in a November 11,
1985, declaration from the bishops and administrators of
several Lithuanian dioceses who decried the lack of
catechisms. Bibles, and other religious materials resulting
from official restrictions.

The Lithuanian church (comprising both coopted officials and
unofficial activists) is busy with preparations for the 1987
celebrations marking the 600th anniversary of Christianity in
Lithuania. There is hope that Pope John Paul II might
attend. Several large gatherings are planned, although there
is fear that Soviet authorities might restrict or totally
forbid them, as has happened in the past for smaller religious
festivities .

The officially controlled press in 1986 criticized Eastern
cults, such as Zen Buddhism, for their evil influence on
Lithuanian society. One reason for this publicity was the
1985 murder of an Uzbek movie actor, director, and karate
champion in Vilnius by a teacher of mysticism and his
associates who were traveling in Lithuania among their
devotees. The press has also cited Islam and the Hare Krishna
sect as posing a danger.

Several small, unregistered Protestant sects have also been
the object of severe Soviet harassment including threats that
young children will be taken away from religious parents.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Emigration from Lithuania has virtually stopped during the
last 3 years. Although many Lithuanians have close relatives
abroad, Soviet authorities use various vague phrases, such as
"against the interests of the State," in order to refuse
emigration requests. The authorities try to deter people from
even applying to emigrate by threats of dismissal from
employment, psychological harassment, and alteration of the
procedures for exit visa applications. One Lithuanian, whose
claim to American citizenship is recognized by the United
States Goverment, is Vytautas Skuodis, a member of the
Lithuanian Helsinki Watch Group. Skuodis has been serving a
sentence of 7 years in labor camp and 5 years in internal
exile since 1980 in connection with his human rights
activities .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Communist Party attempts to direct and control all
political, economic, cultural, and social developments in the
Soviet Union. It is defined in law as the "leading and guiding
force of Soviet society" and is the only political party that
is tolerated.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Rejecting foreign criticism of its human rights record, the
Soviet Government argues that it fully protects all
internationally recognized human rights. It will not permit
any investigation of the human rights situation in Lithuania.
Authorities have arrested Lithuanians who have attempted such
investigations and have routinely harassed foreign visitors

973

LITHUANIA

(and their local interlocutors) who show an interest in
investigating human rights abuses.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The relative homogeneity of Lithuania's population, its strong
sense of national identity, and the binding force of the
Lithuanian Catholic Church have helped to preserve many of the
country's social and cultural traditions. Nevertheless, the
disruptive effects of an antireligious ideology, forced
collectivization, and a policy of industrialization have been
severe. Rigid controls on cultural and religious expression
have forced many Lithuanians into underground activity. A
reduction in the amount of Lithuanian language instruction at
the primary level in 1982, with a corresponding increase in
the teaching of the Russian language and Russian history, has
aroused fear that the groundwork is being laid for cultural
and eventual linguistic Russif ication of Lithuania.

Non-Lithuanians total about 20 percent of the population, and
their proportion has been growing in recent years, especially
as Slavic migrants are drawn to the relative prosperity of
Lithuania compared to their ethnic home areas within the
Soviet Union.

CONDITIONS OF LABOR

The Statutory minimum wage for the employment of children in
1986 was 16, and the standard workweek was 40 hours. The
minimum wage was set at $112 per month at the official rate of
exchange. According to the latest official data, the average
wage was about $272 per month. Soviet law reguires, in
general terms, healthy and safe working sonditions, but these
conditions usually fall short of Western standards.

974

LUXEMBOURG

Luxembourg is a constitutional monarchy with a parliamentary
form of government. Executive power is vested in the Grand
Duke and a cabinet consisting of nine ministers. Legislative
power rests with the Chamber of Deputies, elected every
5 years. Bills are submitted for advice to the 2l-member
Council of State appointed by the Grand Duke.

Police forces are organized by municipal authorities. The
Gendarmerie is responsible for security throughout the country.

Luxembourg's highly developed economy and free enterprise
system place heavy emphasis on steel production, financial
services (especially banking), radio and television
broadcasting, and tourism.

With its long tradition of democratic government, Luxembourg
ensures that human rights are respected at home and works
actively to promote human rights internationally. Luxembourg
continues efforts to treat its large foreign population
fairly. The independent labor unions are prominent in
decisionmaking, in both industrial relations and government
policies .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political reasons by the Government or opposition
political organizations is unknown in Luxembourg. The
mysterious bombings directed against public buildings and
facilities in 1985 continued in early 1986, resulting in
property damage but no personal injuries. One bomb exploded
outside the home of the retired chief of the Gendarmerie. No
group has claimed responsibility for the bombings. Thus far
there is no evidence linking the bombings to international
terrorist groups.

b. Disappearance

Governmental or officially sanctioned abduction or secret
arrest did not occur .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is prohibited by law and is not practiced. Prisoners
are fairly treated, are free to choose their own attorneys,
and are allowed visitors. Luxembourg has a modern prison
facility.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest is guaranteed by law and
respected in practice. Luxembourg law is a composite of local
practice, legal tradition, and foreign systems — French,
Belgian, and German. Preventive detention does not exist.
Defendants must be charged no later than 24 hours after
arrest. Persons can be incarcerated pending trial, if so
ordered by a judge. Exile is not imposed, nor is there forced
labor .

975

LUXEMBOURG

e. Denial of Fair Public Trial

Luxembourg's judiciary is independent and free from executive
or military interference. There are military courts, but
civilians are not subject to their jurisdiction. All
defendants have the right to legal coxinsel. Criminal charges
are formally and clearly stated.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Police must have a warrant, issued by the judiciary, to enter
a private home. Statutes prohibit other violations of the
home such as demolition, sealing doors and windows, and
electronic surveillance. The privacy of correspondence is
universally respected.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and press.
Except for reasonable legal restrictions against pornography,
there is no media censorship. The Government does not
interfere with public criticism or academic inguiry.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is guaranteed by
the Constitution and respected in practice. There are no
limitations on orderly public meetings. No groups are denied
the right of free assembly.

Unions have the right to organize, negotiate, and strike,
although strikes are virtually unknown. Unions participate as
equal partners in a tripartite arrangement with the Government
and employers in all decisionmaking affecting the economy and
workers' welfare. The two largest industrial unions are linked
to, but organized independent of, Luxembourg's Socialist Party
and Christian Social Party respectively. A large percentage
of the work force belongs to labor unions, but membership is
in no case compulsory. Unions and professional groups maintain
unrestricted contact with international bodies in their fields.

c. Freedom of Religion

Luxembourg does not have a state religion, and there is no
discrimination against practitioners of any religious faith.
The population is statistically 99 percent Roman Catholic.
A consensus with church teachings often surfaces on social
issues; for example, there is no government funding for
abortions .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatria'tion

There are no restrictions on movement within Luxembourg,
foreign travel, or emigration and repatriation. There are no
barriers to applicants for immigration from countries of the
European Community (EC), with the exception of Portugal. The
status of Portuguese citizens in Luxembourg — since 1970,
Luxembourg has had a large Portuguese population — is
guaranteed by bilateral agreements and their right to
immigrate is now determined by the terms of Portugal's

976

LUXEMBOURG

accession to the EC in January 1986. Although Luxembourg is
not a country of first application for refugees, government
officials believe that, on a per capita basis within the EC,
relatively liberal numbers of refugees (notably Vietnamese)
have been admitted. Once admitted, refugees benefit from
state social programs and are well treated.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

All Luxembourg citizens 18 years of age and older may
participate in national and local elections. Luxembourg's
sizable foreign resident population (26 percent) does not have
the right to vote, although it enjoys other civil and
political rights, including the rights of free speech, press,
assembly, movement, and religion. Foreign residents may also
join organizations such as labor unions, which exert
considerable indirect influence on the political process.
Women holding prominent political positions include the leader
of the opposition Liberal Party and the mayor of Luxembourg
City.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Luxembourg governments have consistently supported
international and nongovernmental investigation of alleged
violations of human rights. The Red Cross, Amnesty
International, and the United Nations High Commissioner for
Refugees have representatives in Luxembourg.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Luxembourg is notably free of general forms of discrimination.
Adequate food, shelter, health care, and education are
available to all inhabitants regardless of race, religion,
sex, ethnic background, or political opinion. Women in
increasing numbers participate in the political process and in
the financial and business communities, although few women in
Luxembourg are senior executives.

CONDITIONS OF LABOR

The right to work is guaranteed to every Luxembourger by the
Constitution. Luxembourg has one of the highest per capita
incomes in the European Community, with workers and their
families enjoying a decent living standard. Luxembourg law
adequately protects the safety and health of workers. The
normal workweek is 40 hours, spread over 5 workdays. Work on
Sunday is generally prohibited, except in continuous process
industries (e.g. , steel and chemicals) and for certain
individuals, such as maintenance and security personnel. The
employment of children under the age of 16 is prohibited.

Worker representatives are required in all businesses of 15 or
more employees. In businesses with over 150 employees, 50
percent of the joint works councils are elected by the
employees. In businesses with more than 1,000 employees,
one-third of the membership of the boards of directors must be
employees or their elected representatives.

977

MALTA

Malta is a constitutional republic with a parliamentary
government elected on the basis of universal suffrage.
Executive power is vested in a President who appoints as Prime
Minister the leader of the party which gains the most seats in
the quinquennial election for the unicameral legislature. The
outcome of the December 1981 election, in which the
Nationalist Party won 51 percent of the popular vote while the
Labor Party, in part because of the redrawing of electoral
districts, took a majority of parliamentary seats, has caused
prolonged and persistent domestic political contention.

The Maltese economy is dependent on export manufacturing,
tourism, and other service industries. In 1985 Malta had a
per capita gross national product of $3,056.

During 1986 there were at least two allegations of police
beatings or ill-treatment of prisoners. Several criminal
cases, which had begun in earlier years, were dismissed by the
courts because of police mistreatment of the accused. In
December 1986, a police officer was found guilty of inhuman
and degrading treatment of a detainee.

During the campaign for the general elections, which are to
take place by May 1987, there were a number of instances of
political violence, including the death of one Nationalist
Party activist.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

On December 5, 1986, Ray Caruana, a Nationalist Party
activist, was shot and killed by an unidentified assailant at
a Nationalist Party club in the village of Gudja. The
Nationalist Party has charged that this shooting was
politically motivated. Police investigations are continuing.

b. Disappearance

No cases of disappearance are known to have occurred.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits inhuman or degrading punishment.
In December 1986, the Maltese court for the first time found a
police officer guilty of inhuman and degrading treatment of a
person illegally arrested for a brief period in 1983.

In another case, still before the court, two brothers have
charged that, during a period of police interrogation in 1986,
they were beaten and otherwise ill-treated by the police.
There were also allegations that an Italian citizen
incarcerated in the Maltese prison was beaten. Although
prison guards deny the charge, other prisoners support the
allegation. All agree that the prisoner was left naked in his
cell during the winter. According to the Government, this was
to prevent him from committing suicide; according to others,
it was to humiliate him.

978

MALTA

In response to allegations that certain persons in Malta's
prison had been beaten or otherwise treated in an inhumane
manner, the Prime Minister appointed a distinguished retired
judge to investigate prison conditions. This investigation
has not been completed.

In at least one case, begun in a previous year, the court for
the first time ruled as inadmissible a confession signed by an
accused on the ground that it had been obtained involuntarily
by the use of force during police interrogation. Nevertheless,
the accused was convicted on the basis of other evidence. No
disciplinary action is known to have been taken against the
police. In another case, the court, because of conditions of
police interrogation, dismissed all charges against an accused
who had signed a confession. In several cases, begun in
previous years, and still before the courts, accused persons
have charged that they were beaten and otherwise abused during
police interrogation.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest or detention is provided for in
the Constitution and generally respected in practice. There
are no known political prisoners or persons in political
exile. Any police officer above the rank of inspector may
issue an arrest warrant without need of a court order. The
police may, on suspicion, arrest a person for questioning.
Within 48 hours, persons so arrested must be brought before
the courts and charged or released. Persons being so detained
are not entitled to legal counsel. The practice of holding
such persons for the maximum possible period, releasing them,
and then detaining him for further interrogation after a short
interval, continued in 1986. A number of members of
Parliament, from both parties, have called for a stop to this
practice, which appears to contradict the spirit, if not the
letter, of the law.

The Constitution prohibits the use of any form of forced or
compulsory labor, and this prohibition is respected in
practice.

e. Denial of Fair Public Trial

The Constitution guarantees a fair public trial before an
impartial court. The judicial system is constitutionally
independent and, in general, appears to be free from political
pressure. However, a number of political and constitutional
cases originating in earlier years remain unresolved. Threats
against the independence of the judiciary, referred to in
previous years, did not recur. However, the courts'
jurisdiction is limited in certain areas. Lay tribunals (e.g.
the Industrial Tribunal, the Commissioners for Justice, and
the Inheritance Partition Tribunal) have exclusive authority
over certain judicial functions, although their independence
is not legally guaranteed. Defendants in cases before the
Industrial Tribunal or the Public Service Commission may not
be represented by lawyers. Lawyers who are members of
Parliament may not act as counsel in cases against the
Government, although they may act as counsel for the
Government. Maltese citizens do not have the right of
individual petition to the European Court of Human Rights.

979

MALTA

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Protection of the privacy of the home is guaranteed in the
Constitution and respected in practice. The opposition
continues to charge that the Governinent carries out telephone
tapping, although the Government has denied these allegations.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are guaranteed by the Constitution and
generally respected in practice.

An important development in 1986 was the appointment —
following a gap of about 4 years — of the constitutionally
mandated broadcasting authority, a body whose primary function
is to ensure impartiality in broadcasting. As television and
radio are state owned, this function is of great
significance. Two private organizations applied in 1986 for
licences to operate radio stations; both applications were
denied. During 1986 the Nationalist Party began a court
action seeking a reversal of the earlier rejection by the
Government of the Nationalist Party's application for a
license to operate a television and radio station.

The Foreign Interference Act, a portion of which the court
declared during the year to be unconstitutional, makes it
illegal for Maltese citizens or residents to participate in
any broadcast from abroad to Malta and limits the freedom of
speech of foreigners in Malta. Pending the outcome of the
Government's appeal on this decision, the law remains in
force. The act was invoked on September 22, 1986 against
Andreas de Guttry, President of the European Young Christian
Democrats, who had the previous day violated the law by
addressing a Nationalist party mass meeting after his
application to do so (required under the Foreign Interference
Act) was denied. De Guttry was issued a summons for violating
the law, and his departure from Malta was delayed by the
police, acting without court sanction. His trial, in which
the constitutionality of the Foreign Interference Act will
again be challenged, is scheduled for December 1986. The Act
was again invoked in November to prevent a Soviet dissident,
who had been invited to Malta to participate in a students'
seminar on human rights, from entering the country.

In a case originating in 1983, in which an architect employed
by the Public Works Department had been suspended because an
article he had written was published in the opposition press,
the court ruled that the suspension was politically
discriminatory and thus unconstitutional. The Minister of
Public Works and senior civil servants connected with the case
were found guilty of political discrimination and were ordered
to reinstate the architect.

b. Freedom of Peaceful Assembly and Association

The right to peaceful assembly is guaranteed in the
Constitution. In general, police permits are given for
political meetings and other public activities of political
parties or groups of citizens. However, in November 1986, the
police withdrew a permit it had earlier issued for a planned
Nationalist Party mass meeting. The Nationalist Party sought,
and received, a court order to allow the mass meeting to be

980

MALTA

held. In fact, the mass meeting did not take place because
the roads to the village were blocked by persons who opposed
the meeting, and when Nationalist supporters turned up in
large numbers, a violent confrontation occurred in which a
nxomber of people were injured, some by gunshot wounds, and a
large amount of property was damaged.

Groups which gather for the purpose of protesting government
policies or actions have occasionally been attacked by persons
who were apparently government supporters. The police,
although usually present, have sometimes failed to avert
violence. In July 1986, a group of citizens held a peaceful
demonstration, after having obtained the required police
permit, to protest water shortages. The police failed to stop
opponents of the demonstration from attacking and beating a
number of demonstrators. The Deputy Commissioner of Police,
who was at the scene, was also attacked by one of the
opponents of the demonstration. At least one policeman was
later arraigned for beating some of the demonstrators. On a
number of occasions, the police failed to restrain those
persons who attacked and heckled speakers at public political
gatherings of the Democratic Party.

Trade unionists and various interest groups freely exercise
the right to set up associations. The right to strike or take
other industrial action, however, is not specifically
guaranteed and has, effectively, been greatly limited for
employees in the public sector, who constitute a large
proportion of the work force. The General Workers Union, the
largest labor organization, has been statutorily fused with
the ruling Malta Labor Party since 1978. There are also
several independent unions which since 1983 have been excluded
from the official Maltese delegation to the International
Labor Organization (ILO). Nevertheless, these independent
unions have attended ILO meetings on their own. In March
1986, the ILO Committee on Freedom of Association published a
report charging that the Government of Malta, in violation of
the ILO's Convention, has infringed upon the right of workers
to organize and bargain collectively. The Committee
recommended that the Government of Malta establish joint
negotiating machinery for public service employees and called
upon the Government "to give effect to the principles of
freedom of association concerning the avoidance of a climate
of violence involving attacks of trade unionists and trade
union property."

c. Freedom of Religion

The right to practice the religion of one's choice is
constitutionally guaranteed and respected. The overwhelmingly
dominant religion is Roman Catholicism, although there are
small numbers of people who belong to other religions. In
1986 the strained relationship between the Government and the
Roman Catholic Church improved considerably. The Holy See
appointed a Nuncio, whose arrival in February 1986 ended an
8-year period of strained and lower-level diplomatic
relations. An interim agreement was reached and signed in
July on the financing and operation of church-sponsored
private schools. Under the terms of agreement, the Government
is providing significant financial assistance to these schools
while negotiations aimed at reaching a definitive agreement
continue.

981

MALTA

Two longstanding cases involving church property and schools
were still not resolved definitively.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on movement within the country,
foreign travel, or emigration. Maltese emigrants who return
to Malta are not automatically entitled to regain their
Maltese citizenship but must apply to the office of the Prime
Minister. In most cases such applications are acted upon
favorably. Malta does not take in or repatriate refugees.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political activity and partisan feelings run high in Malta.
In the last parliamentary elections (1981), more than 95
percent of registered voters actually voted. In that
two-party contest the Nationalist Party, although it received
a majority of the popular votes, failed to win a majority of
parliamentary seats. While this anomalous outcome is
constitutionally possible, the Nationalist Party has charged
that the most fundamental right, that of citizens to change
their Government, is threatened. The next elections must be
held not later than May 1987, and campaigning by both the
Labor and Nationalist Parties, as well as the newly-formed
Democratic Party, is under way. Meetings of the Parliamentary
Select Committee, established in 1985 for the purpose of
reaching an agreement on the voting system, broadcasting, and
a number of other related issues, were suspended in 1986
without having achieved any concrete results. However,
prospects for a settlement of these issues were under review
in Parliament. TV Malta is transmitting a series of political
broadcasts, sponsored by the broadcasting authority. The
Electoral Commission (members of which were appointed during
1986 following a period during which the commission had
languished), is in the process of updating electoral district
boundaries and carrying out other responsibilities in
connection with the upcoming elections.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The indigenous human rights group, HIELSA, continues to be
active in pointing out alleged human rights violations. There
is also a Maltese branch of the International Society for
Human Rights. Although those segments of the press which are
sympathetic to the Government frequently criticize HIELSA, the
Government has not prevented this organization from
functioning, and its charges are frequently reported in
several prominent newspapers. Several international human
rights organizations voiced criticisms to which the Government
is not known to have responded.

The International Center for the Independence of Judges and
Lawyers, commenting in November 1986 on the church schools
case (noted above), has censured the Government of Malta "for
seriously undermining the independence of the judiciary and
damaging public confidence in the courts."

982

MALTA

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

According to the Constitution, a fundamental aim of the
Government is to make available the highest levels of
education and social welfare to all citizens. Both the
Government and opposition support citizens' basic rights to
own property, to work with just conditions and remuneration,
to maintain a standard of living adequate for health and
well-being, and to receive universal education. Public
economic and social services are extended on a

nondiscriminatory basis. However, charges persist of partisan
favoritism in the allocation of public housing, telephone
services, and import and export licenses.

Women may participate freely in social and political life,
although they are underrepresented in politics, the
professions, and management. Modifications in certain laws,
debated in Parliament during 1986 but not yet enacted, as well
as a dramatic increase in the number of women attending the
University of Malta, the country's only institution of higher
education, are expected to increase the proportion of women in
positions of leadership in both the public and private sectors.

CONDITIONS OF LABOR

The minimum age for the employment of children is 16.
Although Maltese law guarantees acceptable conditions of work,
including minimum wages, maximum hours of work, and provision
for occupational safety and health, disputes about workers'
conditions are dealt with by an industrial tribunal and not
the law courts. Proceedings of the Industrial Tribunal, in
which complainants may not be represented by legal counsel,
have been described in the International Helsinki Federation
of Human Rights report as "unjust" because of a number of
decisions by the Tribunal in which workers' rights were not
considered to have been adequately protected.

Maltese law specifies that there can be no wage disparity
between men and women. While there is thus no wage
discrimination, women, upon marrying, lose any previously
accrued pension benefits.

983

THE NETHERLANDS

The Netherlands is a parliamentary democracy under a
constitutional monarch. A special feature of the Dutch
political system is nationwide proportional voting for
Parliament, where the full range of the political spectrum is
represented.

The Dutch have a free market economy with an extensive social
welfare system providing a relatively high level of social
benefits .

The Dutch attach great importance to human rights in their
foreign and domestic policies. Internationally recognized
rights are protected by Dutch law and respected in practice.
There were two significant recent developments. In 1986 for
the first time in Dutch history, all legal residents,
including foreign workers legally resident in the Netherlands
for at least 5 years, were permitted to vote in municipal
elections. In 1985 the Government established a National
Advisory and Consultation Board on Minority Policy, chaired by
the Minister of Internal Affairs and including the
representatives of seven ethnic minority groups. The Dutch
Government recognizes the right of this body to advise it in
all matters of minority policy.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political motives by government or domestic
political groups did not occur.

b. Disappearance

Abductions, secret arrests, and clandestine detention by
police or other official security forces did not occur.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel or inhuman punishment are prohibited by law
and do not occur in practice. Prison conditions are good by
international standards.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest and imprisonment is guaranteed
by law and respected in practice. There are no political
prisoners in The Netherlands. A right of release from
detention exists in practice. Preventive detention is
permitted only in times of emergency, upon declaration, for a
limited time, by national or municipal authorities. This
power is used infrequently, and normally a person can be held
no longer than 6 hours unless charges are brought. Exile is
unknown in The Netherlands. There is no forced labor.

e. Denial of Fair Public Trial

The right to a fair public trial is guaranteed by law and
respected in practice. Defendants have the right to counsel,
and a system of free or low-cost legal assistance exists for

66-986 0-87-32

984

THE NETHERLANDS

those unable to pay for such counsel. Charges must be formally
stated. The judiciary is independent, with a functioning
appeals process and a Supreme Court.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

A judicial warrant is required to enter a person's home or to
monitor private correspondence. The State respects individual
freedom of choice in family matters.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

An independent press, an effective judiciary, and a
functioning democratic political system combine to ensure
freedom of speech and press. A feature of media policy is the
allocation of broadcasting time to all social and political
groups, which ensures that minority viewpoints are heard.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly and association is not restricted.
Various private interest groups exist and play an active role
in the political process.

The right of unions to organize and bargain collectively is
well established. The active trade union movement includes in
its membership approximately 30 percent of the employed labor
force. Unions are entirely free of government and political
party control and may participate in political life. They are
free to maintain relations with recognized international
bodies in their fields. All union members, except civil
servants, have the legal right to strike. Negotiations
between the civil service unions and the Government take place
in a legally established central negotiating body.

c. Freedom of Religion

There is full freedom of religion. State subsidies in the
educational field are provided to religious organizations
which maintain educational facilities. The amount of the
subsidy is based on the number of students attending the
schools, subject to limitations on the nation's budget for
public schools.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There is freedom of domestic and foreign travel, emigration,
and repatriation. Restrictions are not placed on residence.

The Netherlands has provided first asylum for refugees from
Eastern European countries and permanent resettlement for a
limited number of persons (the quota for "invited" refugees
was increased from 250 to 500 per year in 1986), principally
from Vietnam and Iran.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Netherlands is a functioning multiparty democracy.
Nationwide elections are held every 4 years (or more frequently

985

THE NETHERLANDS

in the event of a parliamentary vote of no confidence) . In
the most recent elections in May 1986, the center-right
coalition, which has been in power since 1982, was reelected.
Political parties are numerous (10 have seats in Parliament)
and represent all points of view, from the far right to the
far left. Women have full political rights and are
increasingly represented in political life. Approximately 20
percent of the members of the lower house of Parliament are
women .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

In recent years The Netherlands has been the subject of
charges by the local chapter of Amnesty International
concerning human rights violations in connection with alleged
government stringency in the enforcement of laws concerning
the admission and stay of asylum-seekers. In most instances
the Government has been able to satisfy Parliament and the
public that individuals excluded from the country or
repatriated were not bona fide political refugees but rather
undocumented aliens or persons seeking economic betterment.

For example, in its 1986 Report (covering the year 1985),
Amnesty International expressed its concern about the January
1985 involuntary return by The Netherlands of 45 Tamils to Sri
Lanka. According to Amnesty International, the Tamils had
reason to fear that they would be arrested, mistreated, or
even killed upon their return to Sri Lanka. The Government
informed Amnesty International that the Tamils did not at any
time request asylum or express fear of persecution. The
Netherlands Government stated that existing procedures
contained sufficient safeguards for persons requesting
asylum. The Parliament in 1985 extensively debated the
incident but did not disapprove the Government's handling of
the incident.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The welfare state is well established. There is an extensive
system of cash and tax benefits to assist the needy, including
the unemployed and the handicapped, and to provide adequate
educational and health opportunities to all citizens and
permanent residents. Even asylum-seekers awaiting decision on
their applications are granted free housing and modest welfare
payments .

The problem of effectively integrating racial and ethnic
minorities into national economic and social life remains the
most difficult issue related to human rights confronting the
Government. Thousands of persons from the former Dutch colony
of Suriname and the Netherlands Antilles have come to live in
The Netherlands during the past decade. In addition, there
are significant numbers of foreign workers and their families,
mostly from Turkey and I'^Iorocco. These groups face some overt
private discrimination in housing and employment, as well as
practical limits on opportunities for social and economic
advancement as a result of educational levels that are
inadequate compared to those of the majority of Dutch
citizens. Unemployment among minority groups runs
significantly higher than among the population as a whole.

986

THE NETHERLANDS

There is a widespread fear among the Dutch that discrimination,
prompted by recent difficult economic adjustments, is
increasing. There have been isolated incidents of violence
against persons for racial reasons during the past several
years .

Government policy to combat discrimination is outlined in its
1983 "Minority Note," a comprehensive plan of action to
address the problems of minorities in the fields of health,
education, employment, and the law. The Government hopes that
by 1988 the National Advisory Board on Minority Policy will be
incorporated by legislation into the administrative structure
of the country.

During 1986 the Government successfully implemented the pilot
program for return migration set up in 1985. Financial
assistance was provided to 1,000 persons who wished to leave
The Netherlands for their home countries but who lacked the
means to do so. The Government anticipates continuation of
this program which, however, affects only a small minority of
foreign-born workers.

Women enjoy full legal and political equality. In economic
life, the entry of substantial numbers of women into the labor
force occurred somewhat later iii The Netherlands than in most
Western industrialized countries. During 1986, however, women
reached the average European Community rate of participation
in the labor force.

CONDITIONS OF LABOR

Dutch law adequately protects the safety and health of
workers. The average workweek for adults is 38 hours.
Workers 18 years and older receive a minimum paid vacation of
15 days per year. Full-time workers between the ages of 16
and 18 receive a minimum paid vacation of 20 days per year.
Wages are sufficient to provide a decent living for workers
and their families.

The minimum age for employment of young people is 16. At 16
years of age, youth may work full-time only if they have
completed the mandatory 10 years of schooling. Children still
in school at age 16 may not work more than 8 hours per week.
Laws prohibit children under the age of 18 from working at
night, overtime, or in areas which could be dangerous to their
physical or mental development.

987

NORWAY

Norway is a constitutional monarchy and parliamentary
democracy. King Olav V is the titular Head of State, but his
role is mainly symbolic. Norway is governed by a Prime
Minister, Cabinet, and a 157-seat Parliament (Storting) which
is elected every 4 years and cannot be dissolved.

An advanced industrial state, Norway has a mixed economy
combining private, public, and state ownership. Individual
freedoms, such as freedom of association and of speech, and
the right to pursue private interests and to hold private
property, are guaranteed by the Constitution and respected in
practice.

Deeply rooted democratic principles, a strong egalitarian
tradition, a lively press, and highly developed educational
and social welfare systems have made Norway a leading defender
of human rights in the world. During 1986, domestic human
rights issues included the rights of new immigrants, of those
seeking political asylum, and of those who object to military
service on political grounds. There was also a continuing
concern for expanding opportunities for women.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political killing

Politically motivated killings have not occurred.

b. Disappearance

Secret arrests and detentions have not occurred.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel, inhuman, or degrading treatment or
punishment do not exist in Norway's humane penal system. The
maximum sentence is 21 years. The emphasis in Norwegian
prisons is on rehabilitation.

d. Arbitrary Arrest, Detention, or Exile

Norwegian law provides for arrest warrants, which are used
except in circumstances such as hot pursuit. Persons may be
detained for up to 4 hours without being charged. A person
charged with a crime has the right, observed in practice, to
appear before a judge for arraignment within 24 hours. If
charges are formalized at the arraignment, the judge then
determines whether the detainee should be kept in custody or
released pending trial. A strong case must be made to justify
detention. Possible grounds include fear of flight, the needs
of the investigation, and fear that a detainee will commit
further crimes.

Although a provision for bail exists in Norwegian law, it is
rarely, if ever, used. A person in pretrial detention
generally appears before a judge every 4 weeks for a new
determination of the necessity of continued detention.
There is no legal limit on the time a prisoner can be held
before trial. Pretrial detention of more than a year is,
however, rare. Preventive detention exists but is used

988

NORWAY

infrequently, as in the temporary detention of rowdy youth by
police.

Forced or compulsory labor is not practiced.

e. Denial of Fair Public Trial

The right to a fair, public trial is guaranteed by law and
honored in practice. Only in certain cases, including those
involving state security or private family matters, are trials
closed. In criminal cases, Norwegian citizens and aliens are
entitled to free counsel of their choice, regardless of their
income. In certain civil cases, indigent persons are
guaranteed free counsel. Charges are stated formally and
clearly. Except for the Labor Court, which mediates
industrial relations disputes, the Civil Court is Norway's
only judicial system and thus tries military and security
cases as well. The judiciary is independent of both the
legislative and the executive branches of government, as well
as of the military.

During 1985 and 1986, the legality of imprisoning those
refusing both military service and alternative civilian
service became a public issue. Persons refusing both kinds of
service have been held in prison for up to 16 months (a period
equivalent to military service) without a trial. Detention is
based on an administrative decision and not on a trial.
Persons detained in this manner are considered soldiers who
have refused duty and thus receive salary and benefits
normally accorded to military recruits during this period of
confinement .

In 1985 one case of a person detained without trial for
refusing both military and alternative service was brought
before the European Human Rights Commission which held a
hearing for admissibility in the fall of 1985 and decided not
to hear the case. In a similar case in 1986, one such
objector was designated a prisoner of conscience by Amnesty
International .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The privacy of the family and individual is free from
arbitrary interference by the State. Police may conduct
searches of the home only with court approval and in instances
of hot pursuit or when they fear evidence is being destroyed.
There were no allegations of forced official entry into
Norwegian homes in 1986. In most cases wiretapping is
prohibited by law, but it can be used in state security cases
or narcotics offenses when officially approved by the court
within carefully drawn and monitored legal guidelines.
Correspondence may be opened only with authorization of the
court in cases involving state security.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Norway's Constitution guarantees freedom of speech and press,
and these freedoms are respected in practice. In addition to
restrictions on slander and libel, Norwegian law forbids
racist or sexist remarks in printed or public speech. No one
may publish information concerning national defense which
could prove damaging to Norwegian security.

989

NORWAY

Norway has an active and diversified press sustained in part
by government subsidies. Television and radio have long been
operated by one state-owned broadcasting company, but the
Government does not exercise direct editorial control. In
recent years an experimental program for local, low-power
radio stations has been expanded throughout the country, and
licenses have been granted to private groups to operate local
cable television stations.

Certain limitations apply to freedom of public expression with
respect to the showing of films. Films must be reviewed by
the Norwegian State Film Control Board, which has the authority
to censor or ban any film that is deemed overly violent,
pornographic, or blasphemous. There is no evidence that any
films have been censored because of political content.

b. Freedom of Peaceful Assembly and Association

Norwegians exercise these freedoms without restraint. Public
demonstrations require advance permission which is routinely
given.

Unions have the right to organize, negotiate, and strike.
Government, however, has the right to invoke compulsory
arbitration under certain circumstances, with the approval of
the Storting (Parliament).

With membership totaling about 60 percent of the Norwegian
work force, unions play an important role in Norway's
political and economic life and are consulted by the Government
on important economic and social problems. Although the
largest trade union federation is associated with the Labor
Party, all unions are free of party and government control.
They maintain strong ties with international bodies such as
the International Confederation of Free Trade Unions.

c. Freedom of Religion

The state church is the Evangelical Lutheran Church of Norway,
which is financially supported by the State and to which 93
percent of the population belongs. There is a constitutional
requirement that the King and half of the Cabinet belong to
the state church. In addition, the Norwegian Work Environment
Act permits prospective employers to ask job applicants in
certain categories of work, such as positions which can
influence child development, whether they respect Christian
beliefs and principles.

Approximately 4 percent of the population are registered
members of 20 other denominations which operate freely and may
proselytize. No religious community is required to register
with the Government unless it desires state support, which is
provided to all registered denominations on a proportional
basis in accordance with membership. Although the state
religion is taught in all public schools, children of other
faiths are allowed to be absent from such classes upon
parental request. If there are enough students of the same
faith, the school will arrange religion classes in that faith.
Workers belonging to minority denominations are allowed leave
for religious holidays.

990

NORWAY

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government does not impede foreign or domestic travel, and
Norwegians have full freedom of movement inside or outside
Norway. The right to voluntary repatriation is guaranteed.
Since 1945 the Norwegian authorities have granted asylum to
over 12,000 persons, about half of them Vietnamese. During
1986 several human rights groups expressed concern over the
adequacy of treatment given those seeking political asylum in
Norway. Despite concerns caused by some individual cases,
Norway has a well-organized system for managing refugee
affairs — which includes advance planning, careful dispersion
of refugees throughout Norway, and generous welfare, education,
and vocational training programs.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Norway is a multiparty democracy ruled by an elected
government. Six parties are represented in the Storting;
distribution of seats is based upon proportional representation
by district. The Storting may reject or modify government
proposals; if a government loses a vote on a major issue of
confidence, it resigns and a new government is formed. The
minimum voting age is 18, and voter turnout in the 1985
parliamentary elections was almost 84 percent. Foreigners who
have resided in Norway for at least 3 years and are otherwise
eligible have the right to vote in local elections only.

While the Sami (Lapps) are the only significant minority (0.5
percent) with long residence in Norway, the influx of refugees
and guest workers has produced other minorities. Neither the
Sami nor any other ethnic minority is represented at present
in the Storting. Women hold approximately 35 percent of
Storting seats and 44 percent of cabinet positions.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Norway cooperates with nongovernmental investigation of
alleged violations of human rights. In recent years, Norway
has cooperated with both the European Human Rights Commission
and the United Nations High Commissioner for Refugees. Norway
is itself an active participant in international human rights
organizations .

Within Norway, an Office of the Ombudsman provides a direct
route for individual complaints against government agencies.
A number of organizations monitor alleged human rights abuses
either inside or, more often, outside the country. They
include the Equal Rights Council (concerned with women's
rights), the Immigrant Council, the Oslo Peace Research
Institute, and the state-supported Human Rights Project.
During 1985 an advisory council composed of government
officials, legal experts, and representatives from
nongovernmental organizations was formed to monitor human
rights practices internationally.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Through a highly developed social welfare system that reflects
a long tradition of egalitarianism, the Government provides

991

NORWAY

for the health, educational, retirement, and other needs of
its people regardless of race, religion, sex, ethnic
background, or political opinion.

Apart from an extremely small Finnish population in the
northeastern corner of the country, the Sami (Lapp) people
were Norway's only significant minority group until the influx
of immigrants during the 1970 's. In recent years, the
Government has taken steps to protect the cultural rights of
the Sami by providing Sami language instruction at schools in
Sami-inhabited areas, radio and television programs broadcast
or subtitled in the Sami language, and subsidies for the
publication of newspapers and books oriented toward the Sami.

There is a lively political debate on whether current
restrictions on non-Nordic immigration, in effect since 1975,
are racially motivated and whether immigrant minority groups
such as Pakistanis, Vietnamese, Turks, and Africans are in
practice treated equally by Norwegian authorities. The
Government provides legal protection for the rights of all
minorities and has taken active measures to help these groups
adjust to Norwegian society, including free Norwegian language
instruction for any foreign resident.

Women form over 40 percent of the work force and are protected
under the Equal Rights Law of 1978 and other regulations. A
state Equal Rights Council monitors enforcement of the 1978
law, and an Equal Rights Ombudsman processes complaints of
sexual discrimination. The Government provides liberal
maternity leave and time off for either parent to care for
their children.

CONDITIONS OF LABOR

Under the Working Environment Act, all employed persons are
assured safe and physically acceptable working conditions.
Children are not permitted to work full time before the age
of 15. Ordinary working hours do not exceed 40 hours per
week, and 25 working days of paid leave is granted per year
(31 for those over 60). All workers are assured an adequate
minimum wage, with standards set by the Government within each
industry.

992

POLAND

Poland is ruled by the leadership of the Polish United Workers
(Communist) Party (PIWP) headed by General Wojciech
Jaruzelski. Jaruzelski is also the Supreme Commander of the
Armed Forces in his capacity as Chairman of the National
Defense Committee. In November 1985, General Jaruzelski
became Chairman of the Council of State. He was succeeded as
Chairman of the Council of Ministers by Zbigniew Messner, an
economist. Two other parties, the United Peasants Party and
the Democratic Party, are represented in the Government and
the Sejm (parliament), but their representatives collaborate
closely with and are dominated by the Communist leadership.
During the PUWP ' s 10th Congress in June and July 1986, General
Jaruzelski was reconfirmed as First Secretary of the party.

Poland has a powerful security apparatus administered by the
Minister of Internal Affairs. The Ministry has acted in a
more restrained manner since the unprecedented public trial,
conviction, and sentencing of four of its secret police
officers for the October 1984 kidnaping and murder of Father
Jerzy Popieluszko, a Catholic priest and human rights activist
with close ties to the Solidarity trade union movement.

Poland's economic recovery continues slowly under the burden
of substantial difficulties, including a large debt to foreign
creditors. Reforms aimed at greater decentralization of
decisionmaking have modified only marginally the economic
system's basic dependence on central control over resource
management, production, and distribution. The major exception
to that system remains Poland's predominantly private
agricultural sector, in which the right to own land is
provided. Small private businesses, mostly in the crafts and
service areas, are also permitted.

In July the Sejm passed a law providing conditional clemency
for political prisoners, and on September 11 the Government
followed up by releasing all political prisoners accused or
convicted of crimes "against the State or public order." This
decision did not affect those convicted of treason, economic
sabotage, espionage, or terrorism. After the amnesty, the
Sejm passed a law providing that some political offenses could
be treated as misdemeanors rather than as offenses against the
criminal code. As of mid-November, no one was held on charges
based on the articles of the Polish penal code that had
normally been used by the authorities to hold political
prisoners, although several persons had been detained briefly
and, in some cases, fined before being released. Several
persons, however, whose offenses had apparently been
politically motivated, were being held formally on criminal
charges .

During the PUWP's 10th Congress, General Jaruzelski proposed
the creation of the new office of a Spokesman on Citizens'
Rights and a new Consultative Council to the Council of State
in which independent voices would have a share. Various
formulas for the Spokesman's mandate have been published and
are under study. The new Consultative Council to the Chairman
of the Council of State (Jaruzelski) came into being on
December 6. Among its 56 members are several prominent
Catholic social activists and many noted intellectuals who
have no party affiliation.

Despite such improvements in the human rights situation, the
authorities, especially the security service and the
judiciary, retained overwhelming power to deal with political

993

POLAND

dissidence or other forms of opposition. For example, the
1985 law on special criminal procedures provides, among other
things, for the greatly enlarged use of summary courts
empowered to bring an accused to trial within 48 hours of
arrest and to impose prison terms of up to 3 years for certain
criminal and noncriminal (political) offenses. The
authorities frequently used this law in political cases in the
period before the September amnesty.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No instances of political killing in Poland were confirmed
this year, though the British-based Information Center of
Polish Affairs reported that a Solidarity activist from Nowy
Sacz died in a hospital on February 2 after an attack by
"unknown assailants" in unexplained circumstances. In
February the death in 1985 while in police custody of a Gdansk
university student, Marcin Antonowicz, was ruled accidental by
an official investigation, and the police officers involved in
his detention were cleared. Many Poles remain convinced,
however, that his death was the result of police brutality.

The Polish Helsinki Committee believes that since December 31,
1981, the deaths of some 250 to 300 persons, including many
active in Solidarity, may be directly attributed to the violent
imposition of martial law, brutal treatment of detained persons
in the hands of the police and deaths of a suspicious nature
in which there are allegations of police involvement.

b. Disappearance

Instances of prolonged or permanent disappearance have not
been reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were no reported instances of the authorities
systematically using torture to extract information. However,
there have been frequent complaints by human rights groups
that the police or secret police have mistreated, beaten, or
tortured persons in their custody. Some former Solidarity
activists have also stated that they were beaten or tortured
while serving prison sentences. During 1986 there were
several reports of torture and beatings which Polish and
Western human rights groups say were perpetrated either by
police or perons working for the authorities.

One of the most serious allegations was made in January when a
young Warsaw Pole was reportedly burned, beaten, and subjected
to electric shocks to the genitals by three unidentified
assailants. In April a number of sources reported that noted
Solidarity activist Wladyslaw Frasyniuk was being physically
mistreated in prison. The Government denied these charges,
though the government spokesman admitted that "physical
pressure" had been applied to Frasyniuk to remove him to
solitary confinement. Frasyniuk, now at liberty, has made no
public comment on this subject.

994

POLAND

In May underground sources alleged that two individuals were
brutally assaulted by police officers when found reading
underground newspapers in Piastow, a small town near Warsaw,
and that a 15-year old was beaten with truncheons and
suspended by a pair of handcuffs from a metal bar during
interrogations in police custody. In June a young man claimed
that he had been kidnaped for 2 days by the secret police,
tortured, and forced to sign a promise to cooperate with the
security services in the future, a charge the government
spokesman denied, stating that the young man had simply been
detained by police for a preventive and cautionary
conversation.

Both the regular police and the Zomo riot police have employed
rubber truncheons and water cannon against antigovernment
demonstrators. As the number of demonstrations dwindled in
1986, there have been fewer reports of the use of excessive
police force under those circumstances.

There were continuing reports of poor prison conditions for
political prisoners and of some prisoners suffering from food
poisoning or hepatitis as a result of eating the prison fare,
as well as developing tuberculosis in the prison environment.
Medical services reportedly were also poor at many prisons,
and medical treatment was allegedly denied to a few political
prisoners. Some prisoners have been furloughed in order to
obtain necessary medical care. Prisoners who engaged in
hunger strikes, either to protest prison conditions or to seek
governmental recognition as political prisoners, have been
subjected to force-feeding by prison authorities, allegedly
administered roughly. There were also allegations that
prisoners were beaten. It is unknown how many prisoners were
subjected to maltreatment or how often it occurred.

d. Arbitrary Arrest, Detention, or Exile

Polish law allows for a 48-hour detention period before the
authorities have to bring formal charges. Certain categories
of offenses may actually be tried within 48 hours of arrest
under special, accelerated procedures whose use was greatly
enlarged under legislation passed in May 1985. Suspects
falling under other categories of offenses may, after the
presentation of the legal basis for formal investigation, be
held in indefinite "investigatory" or "temporary" arrest.
During this period, there is no guarantee of access to a
lawyer, and visits are generally denied.

Once a formal indictment is filed in a case not handled under
accelerated procedures, the defendant is allowed ample time to
study the charges in consultation with an attorney of his or
her choice. A trial date is set only after the defendant
expresses readiness. Legal provisions for bail are rarely
used, but suspects, as well as those already convicted, are
sometimes furloughed for humanitarian reasons.

Although there may have been some improvement in the situation
in 1986, human rights groups such as Helsinki Watch report
continued detention of persons for vague and tenuous reasons.
Polish law contains no provision for forced exile. Some
former political prisoners have reported that they were told
by police that harassment of them and their families would end
only if they emigrated. Some labor and political activists
occasionally expressed fears that they would be refused
reentry if they were to travel abroad, especially to the West.

995

POLAND

Under 1983 legislation, persons who are registered as
unemployed and who refuse to seek employment without adequate
justification may be listed as "habitual parasites" and
compelled to accept specific employment, usually street
cleaning, park maintenance, or garbage collection, under
threat of penal sanction. To date, the law has not been
applied as a means of political coercion, as a sanction
against the free expression of political or ideological
opinions, or as a means of racial or social discrimination.
Penal sanctions under this law are rare, though some recently
released political prisoners have reported that the police
have threatened them with this law as a form of harassment.

e. Denial of Fair Public Trial

Amendments to the Penal Code, enacted in May 1985 ostensibly
to assure the speedy hearing of certain accusations, have
greatly enlarged the scope for application of special
accelerated trial procedures that severely limit the rights of
defendants. In such summary trials, charges are made by the
police rather than the prosecution, and the defendants are not
given an opportunity to choose an attorney. The assigned
public defender has little time to discuss the case with his
client and no time to search for witnesses or for evidence of
innocence since the defendant may be tried and sentenced
within 48 hours of arrest. These special courts, which
earlier dealt only with a narrow range of misdemeanor-type
offenses, can pronounce prison sentences of up to 3 years and
a fine of about $3,000 for some offenses. Persons accused of
inciting public unrest, possessing independent publications,
or participating in illegal organizations have been convicted
under these summary procedures. The conviction rate under
these procedures is extremely high.

In October 1986, the Sejm passed legislation that allows
certain crimes against the public order (political offenses)
to be treated as misdemeanors subject to a maximum penalty of
a $250 fine and/or 3 months' deprivation of liberty meted out
by misdemeanor courts. The new legislation gives the
authorities the option of handling certain crimes either as
misdemeanors or as felonies depending on the perceived
seriousness of the offense. Persons detained during political
demonstrations in Krakow in November were fined and released,
apparently under the misdemeanor provisions. Others were
apparently warned and released without penalty.

The trial of Solidarity leader Lech Walesa in February in
Gdansk was widely criticized for the "political" and
unsubstantiated nature of the charge that Walesa had slandered
Sejm election officials in October 1985 by stating that voter
turnout in the October 1985 parliamentary elections had been
lower than the figure they had claimed. The charge was
dropped after Walesa stated in court that he had had no
intention of slandering anyone. The trial was closed to
Western diplomatic representatives but open to some Western
journalists and outside observers.

Also in February, the Supreme Court upheld the convictions of
three noted Solidarity activists, Adam Michnik, Bogdan Lis,
and Wladyslaw Frasyniuk, on charges of "membership in an
illegal organization" and "fomenting public unrest," although
it reduced the sentences of Michnik and Lis. Frasyniuk 's
remained unchanged at 3 1/2 years. All three were released
under the September 11 decision.

996

POLAND

In April Leszek Moczulski, the leader of the Confederation for
an Independent Poland (KPN), was sentenced to 4 years in
prison for "engaging in activity contrary to state interests."
One of his associates, who reportedly had contracted
tuberculosis while in prison awaiting trial, was sentenced to
2 1/2 years in prison, a motion to release him due to the lack
of adeqTaate medical care in prison having been denied. Both
persons were released as a result of the July 17 law and the
September 11 decision. In May Solidarity activist Seweryn
Jaworski was sentenced to 2 years' imprisonment for "fomenting
public unrest" in connection with his activities in the
October 1985 Sejm elections boycott. He was released in
September 1986.

Prior to the September 11 decision, the nun±)er of political
prisoners had risen from slightly more than 200 to between 300
and 350 in June. The amnesty excepted those detained or
convicted for treason, economic sabotage, terrorism, and
espionage. Although some human rights groups consider some of
these as political prisoners, they remain under investigative
arrest or are serving prison sentences. In October a priest
and a young man involved in the 1982 murder of a police
sergeant were released from prison, while the sentences of two
other youths convicted in the case were significantly
reduced. The provisions of the July 17 law were also applied
to 3 of the 4 convicted murderers of Father Jerzy Popieluszko,
reducing their sentences from 25 to 15 years, from 15 to 10
years, and from 14 to 8 years, respectively. The sentence of
Grzegorz Piotrowski, the principal killer, remained unchanged
at 25 years. Since the September 11 decision, only one person
was reportedly arrested and held on a political charge —
distributing underground literature — but she was released with
a warning after several days.

f. Arbitrary Interference with Privacy, Family, Home or
Correspondence

Mail and phone calls are selectively monitored. Overt
censorship of the mail and announced monitoring of telephone
calls ceased with the suspension of martial law. Packages to
be mailed abroad must be assembled at the post office in the
presence of a customs official or postal worker. It is
generally assumed that the Polish secret police uses an
extensive network of informers. Prior to the September
amnesty, the authorities showed their ability to monitor
private activities when Interior Minister Kiszczak announced
that police had questioned 3,000 people suspected of
underground activities in a single day.

Polish citizens are not forced to participate in any political
organizations, although it is generally understood that
membership in the PUWP is necessary for advancement in certain
professions. The Government does not interfere with the right
to marry or to have children as one chooses, nor does it
prevent the teaching of religion to children at home or in
churches. However, the Government often views as suspect the
contacts of its citizens with foreigners and with domestic
political opponents. Searches without warrant of homes and
offices and confiscation of personal documents and property
continue in Poland. Warrants are sometimes required under
Polish law, although the circumstances under which the warrant
requirement applies are ambiguous.

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POLAND

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech. The freedom
to express one's opinion in a private conversation, whether or
not in a public place, is generally tolerated, while the
freedom to distribute opposition pamphlets or deliver a
controversial speech in a public place is not. The rejection
of the Communist government by the overwhelming majority of
the Polish people finds reflection in various indirect ways by
which Poles manifest their viewpoint. One example is the
monthly "Mass for the Fatherland" held in many churches,
including Warsaw's St. Stanislaw Kostka where Father
Popieluszko formerly preached.

Official censorship of all media exists as part of the
authorities' control mechanism. Censorship in Poland
generally assumes one of three basic forms. First, there is
self-censorship. Many articles are consciously or
unconsciously self-censored by their authors before being
submitted, more often to increase the chances for publication
than to avoid specific reprisals. Second, editors of
state-run media may kill an article or program entirely if
they feel its content is politically too controversial.
Controversial articles or programs which do appear are often
the result of prolonged bargaining with editors and censors.
Editors are subject to pressure to maintain an official line.
Finally, there is the government censorship apparatus. It is
frequently impossible to detect the impact of the formal
censorship process in state-controlled media, but such
publications as the Catholic weekly, Tygodnik Powszechny, and
the monthly of the Catholic Intellectuals Clubs, Wiez,
indicate to their readers, in brackets, where the censors have
deleted material and which particular provision of the
censorship law has been invoked. Perhaps most importantly,
people can be arrested and convicted for publishing or
distributing any publication not approved by the censors.

The vast majority of newspapers and journals are state owned
and operated, as are publishing houses, television channels,
and radio stations. Access to foreign publications is
limited. Attempts at independent radio broadcasts have been
suppressed. While the state-owned press follows the approved
government line on all essential issues, it sometimes provides
a forum for debate on certain domestic issues and even on some
foreign policy questions. This is usually a debate of nuance
rather than of fundamental principles, goals, or policies.
The major national dailies are closely identified with
elements of the ruling elite (e.g., the Communist party, the
government apparatus, and the armed forces), and the distinct
interests of each can often be detected in its paper's
columns. In addition, long articles, essays, and columns in
various weeklies present contending views on such matters as
economic and administrative reform, public policy and cadre
matters, the nature and extent of "national reconciliation,"
and the role of the Church and labor unions.

Despite censorship, Poland may still have the least controlled
official press (as distinct from the more tightly run
electronic media) of all Warsaw Pact countries. Some
nongovernmental publications such as Tygodnik Powszechny offer
a wholly credible voice different from that of the
government-run media, although their circulation and impact
are reduced by government restrictions on newsprint and

998

POLAND

censorship. There is also an active underground press,
chiefly reflecting the views of the banned Solidarity trade
union and its supporters. It publishes weekly newspapers,
periodicals, books, and, most recently, videotapes that reach
a wide readership in the major cities despite government
efforts to stamp it out. In December, the Government
undertook new efforts to prevent underground press
distribution through confiscation of property, such as
automobiles, and use of punitive fines against those found to
be involved. The underground press nevertheless thrives with
hundreds of publications in circulation.

Amendments adopted in July 1985 to the 1982 Higher Education
Law empower local and national authorities to increase
substantially their control over universities and other
college-level institutions which could significantly increase
the curbs on freedom of inquiry. The changes in the law
provide for the vetting of all candidates for rectorships by
the Minister of Higher Education for a greater degree of
direct government involvement in university operations, and
for strict limitations on the role of university senates and
student self-government. The 1985 amendments legislate the
composition of university senates, reserving seats for party
and other official representatives and senior faculty while
limiting representation for younger faculty, "nonscientif ic"
university employees, and students. In late 1985, over 70
rectors, deans, and department chairmen were dismissed from
their administrative positions in order to ensure tighter
government control. They retained their teaching positions
and tenure, however.

During 1986 the Communist party and the Government repeatedly
called for an increased role for party organizations on
campus. A long-expected "evaluation" of university faculty
members began in the autumn of 1986. Described by the
Government as an attempt to weed out less productive academics
in midlevel positions and to increase opportunities for the
advancement of junior faculty, the "evaluation" is widely
viewed within Polish academic circles as having at least the
potential for abuse as a political instrument to force the
removal of academics whose views do not coincide with those of
the regime. Although Polish institutions of higher learning
still retain a degree of autonomy (which often varies from
campus to campus, depending on the talents and convictions of
individual administrators), the trend over the past 2 years
has been in the direction of greater emphasis on governmental
and ideological control.

At the same time, Poland is also the home of the only
independent university in Eastern Europe, the Catholic
University of Lublin (KUL) . KUL ' s very existence, as well as
its extensive ties to institutions and individuals in the West
(it counts Pope John Paul II among its former faculty members),
is visible evidence of the national and religious traditions
which still help to shape Polish higher education. There are
also a number of diocesan seminaries, independently
administered by the ordinary Bishop in Poland's dioceses.

b. Freedom of Peaceful Assembly and Association

Freedom of peaceful assembly and association is at government
sufferance and subject to tight restrictions. Permits are
required to hold public meetings or rallies. Requests for
permits for protest meetings are routinely denied. The
frequency and intensity of large-scale public demonstrations

999

POLAND

held without government endorsement continued to decline in
1986. Unofficial discussion groups and alternative cultural
events continue to take place in churches and private homes
with the toleration of the authorities.

The law permitting the formation of nonprofit, independent
foundations for certain charitable, social, and health
purposes remains on the books, but negotiations on the Church's
attempt to create a foundation to channel public and private
contributions from the West to aid Polish private agriculture
have ended. The Episcopate of the Roman Catholic Church
announced in September that it had decided to break off
discussions which had gone on for 4 years on the establishment
of this foundation because the Government, in the Church's
view, wanted to exercise excessive control over the
formulation and execution of the foundation's projected
programs .

Under Polish law, associations and clubs need official
permission or sponsorship to function legally. Among the most
significant of Poland's many clubs is the Catholic
Intellectuals' Club (KIK), which has reopened branches in
several cities, including Warsaw and Krakow, since receiving
permission to resume activities after martial law. The KIK
sponsors lecture series and other activities which are open to
the interested public, with little or no interference from the
authorities .

Some officially sponsored professional associations were
formed after the Government's dissolution in 1983 of such
organizations as the writers' and journalists' unions, which
had attained a remarkable degree of independence in 1980-81.
These successor groups have thus far failed to earn the
support of a significant proportion of Poland's intellectuals
despite the material incentives such membership offers. The
Episcopate of the Roman Catholic Church, in two communiques
issued in June and August 1986 after plenary conferences of
the Bishops, called for the right to establish associations
independent from political parties. Poland's chapter of the
Pen Club, an organization of writers with international
connections, remains suspended.

The Trade Union Act of 1982 abolished all previous unions and
set the rules for the formation of successor unions. All
unions must receive court permission to exist. Amendments
passed in 1985 by the Sejm indefinitely postponed the
possibility of trade union pluralism contained in the 1982
law. Government leaders and spokesmen on several occasions in
1986 underscored the official position that union pluralism is
out of the question because it would be divisive in the
workplace and reduce worker efficiency. Leaders of the
official unions, the vast majority of which are grouped under
the umbrella of the National Alliance of Trade Unions (OPZZ)
formally established in November 1984, have been especially
vehement in their public opposition to trade union pluralism.

The leadership of the OPZZ made clear that the official unions
should be a partner to the authorities, and OPZZ Chairman
Alfred Miodowicz was elected to the Politburo of the Polish
United Workers' Party in June. The program passed at the
November Congress of OPZZ emphasized the role unions are to
play in cooperation with the authorities to increase production
and set as a goal the integration of union structures.
Membership in the OPZZ is claimed to be 6.5 million. This
number constitutes less than half the work force eligible for

1000

POLAND

membership. The OPZZ withdrew its claim to be the only legal
representative of workers during the December trade union
congress after protests by local unions which were not members
of OPZZ.

Solidarity has not tried to play a significant role in the
official unions, although many of the nearly 10 million
workers, who were members of Solidarity during its legal
period, have joined the new unions. Although illegal as an
organization. Solidarity continues to be active on some worker
self-management councils in some factories.

After the release of political prisoners. Lech Walesa in
September called into being a new Provisional Council of
Solidarity, which the Government subsequently declared to be
illegal. The Council's activities have not, however, been
repressed, reflecting what appears to be a government policy
of not interfering with the Council as long as its
pronouncements have a nonprovocative, passive formulation.

The 1982 law severely circumscribes the right to strike,
making legal work stoppages virtually impossible. Occasional
wildcat strikes have been settled at the factory level.
Leaders of such strikes, if identified, may face
discrimination at the workplace or even loss of their jobs.
Solidarity activists continue to face difficulties in keeping
or reclaiming old jobs, or in securing employment commensurate
with their qualifications.

c. Freedom of Religion

The Constitution guarantees "freedom of conscience and
belief," and Polish citizens, both in law and in fact, enjoy
considerable freedom to practice their religion. However,
party authorities discourage the open practice of religion by
party members. The Roman Catholic Church in Poland has
criticized a new course in comparative religion being
introduced into schools.

Poland is predominantly Roman Catholic; the Roman Catholic
Church maintains over 3,300 churches, schools, and other
institutions, and a vigorous program of building new churches
is going on with state permission. The Catholic Church
publishes significant numbers of books and periodicals, as
does the independent Catholic press, though some practical
restrictions are imposed by limiting access to printing
equipment and government-allocated paper. Sunday Catholic
mass and services of other religions are broadcast over Polish
radio under a provision of the 1980 Gdansk Accords that is
still observed.

Relations between the Government and the Roman Catholic Church
were strained during the first half of 1986 because of the
trauma of the 1984 murder of Father Jerzy Popieluszko, the
inability to set up a church-sponsored foundation to aid
private agriculture, and the large number of political
prisoners. Tensions receded after the amnesty. The Primate
and the Episcopate as a whole, as well as individual clergy
and Catholic lay leaders, continued to campaign vigorously for
greater individual freedom and respect for human rights,
including the right of individuals to organize themselves
peacefully in various social groupings.

There is no government-sponsored discrimination against
minority religions; but some members of all of these religions

1001

POLAND

assert that discrimination does occur, primarily as the result
of traditional tensions between the Catholic Church and
Poland's various ethnic minorities. The Muslim and Jewish
faiths and the various Protestant denominations often find it
difficult to maintain their places of worship and train their
clergy, mainly because of the small numbers of their faithful,
widely dispersed congregations, limited financial resources,
and traditional prejudices. The Orthodox faith, the largest
minority religion, is concentrated in Poland's eastern
provinces. Estimates of the nun±)er of its faithful range from
800,000 to 1.5 million. It maintains 350 churches and has
also begun an ambitious program of church building and
monastery renovation. The Orthodox Church sponsors the
publication of a number of books and several periodicals and
broadcasts its masses on Polish radio four times a year. As
the result of recent administrative action, it has obtained
the return of some religious buildings previously under
government control. Apart from financial difficulties, there
have been complaints of Polish ethnic prejudice (most of the
Orthodox faithful in Poland are of Byelorussian, Ukrainian, or
Russian origin). Orthodox believers face a major problem in
maintaining contact with their religious brethren in the
Soviet Union.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on travel within Poland. There are
no legal restrictions on changing one's residence but tne
housing shortage makes this nearly impossible in practice.
Cases of persons working in one location and legally
"residing" hundreds of kilometers away are not uncommon.
Travel abroad is permitted to the vast majority under the 1983
law liberalizing passport issuance. The authorities claim
that over 90 percent of applicants obtain passports. Actual
denials of passport applications are not numerous. Denials
are most often received by persons working in areas of
scientific research or industry considered "sensitive" by the
Government. Several prominent dissidents have been denied
passports for visits abroad; others have declined to apply for
passports, fearing that, once out of Poland, they would be
denied the right to return.

In order to receive an emigration passport. Poles must divest
themselves of all real property and obtain customs permission
for any personal items they wish to take with them. Although
most applicants for emigration passports eventually obtain
them, certain cases appear to require an unduly lengthy
waiting period. While a few Solidarity members, formerly
interned or jailed because of their activity, have been denied
passports when seeking to relocate to another country, many
others have been encouraged to leave, as the Government tries
to rid the country of persons it views as "troublesome." Once
having established legal residence abroad, a Polish citizen
must exchange an emigration or, in some cases, a tourist
passport, for a consular passport (one issued by a Polish
Consulate) . Otherwise there are no formal restrictions on an
emigrant's return to Poland.

Only Polish citizens who have been issued emigration passports
are legally permitted to take up residence in another
country. Polish citizens who return to Poland with tourist
passports after establishing a residence abroad may experience
difficulties in obtaining a reissuance of their tourist
passports. Polish citizens who emigrate legally from Poland

1002

POLAND

and who desire to return for brief visits on consular
passports generally experience few difficulties with the
authorities .

Under Polish law, only the Council of State may revoke
citizenship. Involuntary revocation must be based on one of
the following activities: actions violating the duty of
allegiance to the Polish State; actions detrimental to the
substantial interests of Poland; departure from Poland after
May 9, 1945, and failure to return when so requested by the
Polish Government; evasion of military service; or conviction
abroad of a crime also recognized as a felony under Polish
criminal law. The Government recently used this prerogative
in revoking the citizenship of two former ambassadors who
defected to the United States, as well as the citizenship of a
Polish journalist now working for Radio Free Europe.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Poland is ruled by the PUWP, or Communist party, through
General Jaruzelski who, with a small group of advisers,
determines national policy goals. They implement policy
through the government ministries and through a parallel party
bureaucracy which complements and interacts with the
ministries. Unlike elsewhere in Eastern Europe, the party is
not always clearly the dominant force. Various economic
ministries, as well as the military and security service,
often play key roles, not only in exercising power but also
sometimes in setting policies. The two other coalition
partners, the United Peasants Party and the Democratic Party,
are completely responsive to PUWP guidance. The Patriotic
Movement for National Rebirth, an umbrella group of political,
economic, and social organizations cooperates with the
authorities .

The Constitution specifies that the Sejm is the chief
legislative body of Poland. The Sejm can be counted on to
pass, nearly unanimously, any legislation that the Prime
Minister and the relevant bureaucracies believe is necessary.
Nevertheless, when the authorities seemed undecided or divided
during 1986, deputies in the Sejm were on occasion able to
modify proposed legislation, especially in behind-the-scenes
committee sessions.

During and after the PUWP's 10th Congress, there were several
official proposals to democratize society and make the Govern-
ment more responsive to society's needs. The Government
proposed the creation of a new office of "ombudsman," or
Spokesman for Citizens' Rights, which is presently under
discussion. The government spokesman said that it would be
inadmissible for prominent Solidarity leaders to participate
in official activities. In December the Government announced
creation of a 50-member Consultative Council composed of
proregime and some independent figures. Many leading
dissidents declined to participate. The powers of the Council
and the extent of its influence on policy are as yet unclear.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government of Poland is party to many international
covenants with human rights components, including the Final
Act of the Conference on Security and Cooperation in Europe,

1003

POLAND

signed in 1975. Government authorities typically contend,
however, that international and nongovernmental incjuiries into
the state of human rights in Poland based on these agreements
constitute interference in Poland's internal affairs. The
Polish Government never cooperated in the implementation of
the 1983 Resolution of the U.N. Human Rights Commission asking
the U.N. Secretary General or his designee to do a
comprehensive report on the human rights situation in Poland.
Poland's decision to withdraw from the ILO, announced in 1984
and scheduled to take effect in November 1986, was made in
response to the decision of the ILO's Executive Board to take
formal notice of the report of the ILO's Commission of Inquiry
into violations of international labor standards. The Polish
Government announced on November 14 that it had decided to
postpone its decision to withdraw from the ILO for 1 year,
citing the recommendation of the OPZZ and the expectation that
the ILO would change its unfriendly attitude towards Poland as
reasons for the decision.

There are no government-controlled or sponsored organizations
in Poland devoted exclusively to human rights issues.
Independent human rights groups have no official permission to
exist. Nevertheless, late in 1986 there were established the
Human Rights League centered in Szczecin and a human rights
group called into being by Lech Walesa and associated with
Solidarity. The anonymous Polish Helsinki Committee compiles
occasional reports evaluating the human rights situation in
Poland. For example, it prepared a report on "The Violation
of Human Rights and Basic Freedoms in the Polish People's
Republic 1983-86" for the 1986 review meeting in Vienna of the
Conference on Security and Cooperation in Europe. Underground
publications frequently raise questions about human rights
practices in Poland, focusing particular attention in 1986 on
the problem of political prisoners and on allegations that
some were suffering mistreatment in prison.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women's rights have not become a public issue in Poland.
Historical circumstances, including World War II losses,
helped open access for women into many previously closed
professions. Women work in all blue-collar trades, except for
heavy mining and steel, and in all professional fields.
Despite their major presence in the work force and the fact
demonstrated by government statistics that they are generally
better educated than men, women usually earn less than their
male counterparts, and only a small proportion of women are
found in the higher levels of local and national government.

Poland has had a liberal maternity and child care leave policy
dating to the Solidarity-inspired Gdansk Accords, though some
of its tenets seem to be changing. Women are now entitled to
3 (formerly 4) months of paid maternity leave, and
increasingly fewer are able to opt for the supposedly
guaranteed maximum of 3 years of unpaid child care leave,
after which they are guaranteed a job at the same level of
pay. To the extent that this policy is being continued, it
has some social benefits in terms of child-rearing and
strengthening of the family; it also takes pressure off
Poland's miniscule official day-care system for young
children, in which only 1.2 percent of all women are able to
find a place for their children.

1004

POLAND

CONDITIONS OF LABOR

The Polish labor code generally forbids the employment of a
person who has not reached the age of 15. The employment of a
"young person", defined as aged 15 through 18, is permitted,
provided the individual has completed basic schooling.
Special exceptions are sometimes required if a particular job
might pose a health danger. The labor code specifies that a
"young person" without professional qualification may be
employed only for the purpose of vocational preparation,
although again there is a provision for special exceptions.

The length and distribution of hours of work is regulated by
the Polish labor code. Paid annual holidays are provided
for. In practice, most families find that both husband and
wife must be employed in order to sustain an acceptable
standard of living. The minimum conditions for the protection
of worker health and safety spelled out in the Polish labor
code seem, in most respects, adequate. Poland, however,
suffers serious environmental pollution problems, some of
which particularly affect worker health. There are frequent
allegations that some plants fail to maintain
government-regulated worker health and safety standards, and
the official media occasionally publicize such cases.

1005

U.S. OVERSEAS

■LOANS AND GRANTS" OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: POLAND

1984

1985

1986

i c

ECON.
LO
GR

.AID
LO
GR
(SEC

.FOOD
LO
GR

ITLc

!?EPAY

PAY.

ITLE

E.REL

VOL.R

.OTrtE
LO
GR

ASSIST. -TOTAL..,

ANS

ANTS

ANS

ANTS ,

.SUPP. ASSIST.) .. .

FOR PEACE

ANS

ANTS

I-TDTAL

. IN $-L06N5....,

IN FQP. CURR

II-TOTAL

lEF.EC.OEV i WFP,
ELIEF AGENCY....,
R ECON. ASSIST..,

ANS

ANTS ,

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS ,

GRANTS ,

A. HAP GRANTS

a. CREDIT FINANCING..
C.INTL MIL.EO.TRNG. ,
D.TRAN-EXCESS STOCK,
c. OTHER GRANTS

III. TOTAL ECON. 3 MIL,

LOANS ,

GRANTS ,

20.9

13.3

4.0

0.0

20.9

13.8

4.0

0.0

4.0

0.0

D.O

4.0

0.0

4.0

20.9

13.8

0.0

20.9

13.8

0.0

20.9

13.8

0.0

0.3

0.0

20.9

13.8

0.0

OiO

0.0

20.9

13.8

4.0

0.0

20.9

13.8

4.0

OH = R US LOAN'^..

0.
0.

.0
,0
.0

0,
0,

.0
.0

0.
0.

EX-IM BANK
ALL OTHER.

LOANS ,

,0
.0

ASSISTANCE

FROM

INTERNATIONAL
1934 1935

AGENCIES
1986

1946-

•86

TOTAL

3.9

0.0

0,0

24.2

IBRD

0.0

if:

0.0

IDA

0.0

103

3.0

0.0

A03

0.0

AFD3

3.0

0.0

, 0.0

0.0

UNDP

0.9

0.0

21.8

OHER-UN

0.0

2.4

EEC

0.0

1006

PORTUGAL

Portugal has a parliamentary political system which is
genuinely democratic and enjoys broad popular legitimacy.
Civil rights are outlined in the Constitution in accordance
with the Universal Declaration of Human Rights.

The President of the Republic and the members of the
Legislative Assembly of the Republic are freely elected by
secret ballot. In 1986 former Prime Minister Mario Scares was
elected as Portugal's first civilian President in 60 years.

Though much of the Portuguese economy was nationalized in the
wake of the 1974 revolution, recent governments have opened
the banking sector to private competition and have allowed
private participation in some state-controlled firms.

Terrorists have struck both Portuguese businessmen and U.S. or
NATO targets in Portugal in recent years. The Government has
responded by setting up the first civilian/military
intelligence service since the abolition of the secret police
after the 1974 revolution. Many suspected terrorists have
been arrested and put on trial. Complaints have been made
about lengthy pretrial delays, and there have been charges
about substandard prison conditions and excessive use of force
by the police. These problems, however, are due to inadequate
training and resources rather than to state policy. Respect
for civil and political rights, due process, and the integrity
of the person are supported by the State and are reinforced by
a lively free press.

An Ombudsman, elected by the Assembly to serve a 5-year term,
is Portugal's chief civil and human rights officer. Any
citizen may apply to the Ombudsman for relief. The Ombudsman
receives about 4,000 complaints annually, but the vast
majority of these complaints concern cases of alleged
maladministration on the part of the cumbersome Portuguese
bureaucracy.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Government-sanctioned political killings do not occur in
Portugal. A shadowy radical terrorist group, FP-25
(translated as the "Popular Forces of the 25th of April,"
referring to the 1974 revolution), has claimed responsibility
for several murders, armed attacks on Portuguese nationals,
and numerous bombings and attempted bombings of Portuguese and
foreign (typically U.S. or NATO) installations. Despite these
sporadic terrorist incidents, Portugal has a low level of
violence.

b. Disappearance

The police and armed forces did not arrest anyone secretly,
nor was anyone abducted by terrorist organizations in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution forbids torture and the use of evidence
obtained under torture in criminal proceedings. The

1007

PORTUGAL

Constitution also prohibits inhuman or degrading treatment or
punishment. The Ombudsman investigated two cases of alleged
mistreatment of inmates by prison officials and concluded that
such cases are due to overcrowded prisons and inadequately
trained personnel .

d. Arbitrary Arrest, Detention, or Exile

According to Portuguese law, a prosecuting judge reviews the
case against a person arrested and accused of a crime to
determine whether that person should be detained or released
on bail. No one may be held for more than 48 hours unless a
prosecuting judge orders preventive detention limited to a
maximum of 4 months for each crime. Because of the cumbersome
judicial system with its large backlog of cases and vacant
judgeships, detention beyond the authorized 4 months is not
unusual in cases of persons accused of serious crimes such as
murder or armed robbery. Detainees and persons in preventive
detention have access to lawyers, who have succeeded in
protecting their clients' rights through legal channels and
through publicity in the free press.

Exile and incommunicado detention are illegal and not
practiced in Portugal. Forced labor also does not exist.

e. Denial of Fair Public Trial

Portugal has an independent and fair judicial system. All
trials are public except those which may offend the dignity of
the victim, such as in cases involving the sexual abuse of
children. The accused is presumed innocent until convicted.

A clear procedural distinction exists between the arrest and
the trial of an individual. A panel of three judges (which
does not include the prosecuting judge) presides over cases
which go to trial. A ministerial delegate assists the judges
in reviewing the evidence. At the request of the accused, a
jury may be used in trials for major crimes. The judges or
jury render the verdict; sentence may be passed only in the
presence of the defense attorney.

Foreign and domestic complaints continue to be made about
lengthy delays in the handling of cases in Portuguese courts.
Tne Portuguese chapter of the International Commission of
Jurists is concerned about this problem. The Ombudsman would
like to see a reform of the present trial process to
compensate defendants who are incarcerated during lengthy
trials but are eventually acquitted.

There are no political prisoners, although some radical
leftist elements claim that certain persons who are in prison
or on trial for participation in terrorist organizations are
political prisoners. There is evidence, however, implicating
these persons in the commission of violent crimes. The police
and armed forces do not attempt to influence trials, and
terrorists have not succeeded in intimidating participants in
trials, although the FP-25 terrorist organization claimed
responsibility for the murder in 1985 of one of their former
members who had agreed to testify against them.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no reports in 1986 of governmental intrusion into
the private life of citizens. The State does not tamper with

1008

PORTUGAL

private correspondence or telephones. The Constitution
forbids forced entry into homes and searches without a
judicial warrant. In addition, entry into a person's home at
night requires the consent of the occupant.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and the press is guaranteed by the
Constitution and respected by the State. The constitutionally
mandated Council of Social Communication acts as a watchdog to
protect freedom of speech and access to the media. The
council, whose members have been elected by the national
legislators, makes recommendations to the Assembly and has
enforcement powers (which have never been exercised) . The
opposition is free to voice its point of view, and the State
tolerates criticism with two restrictions:

First, "Fascist organizations" are prohibited by law, but
elements on both the extreme right and extreme left have
participated in elections without state interference.

Second, a person may also be legally punished for "insulting"
ci^'il or military authorities if such an "insult" was intended
to undermine the rule of law. There were no prosecutions for
"insult" in 1986.

Although the State indirectly subsidizes the press (through
its postrevolutionary nationalization of the banks, to which
the press was heavily indebted), it does not control editorial
comment. The entire spectrum of political thought is
represented in the Portuguese press. The State also owns the
two television channels and some radio stations. In
principle, the Government does not influence television or
radio programing. However, since the Government appoints
television and radio administrators, it probably has some
indirect influence on the broadcast media.

Opposition parties sometimes charge that television or radio
ignores or distorts their views and activities, but political
parties, trade unions, and other organizations have a right to
periodic access to exclusive television time after the evening
news program.

b. Freedom of Peaceful Assembly and Association

Persons have the right, in law and in practice, to associate
formally or informally, to promote nonviolent causes, and to
protest government policies. Public meetings or protests
require a 24-hour advance notice to the civil governor of the
area in which the event is to be held. Permission is
routinely granted. The official registration of a new
political party requires 5,000 subscribers.

Workers have the constitutional right to set up unions by
profession or industry. Collective bargainxng is guaranteed
by law and practiced in both the public and private sectors.
Such issues as wage levels, working conditions, pay grades,
and fringe benefits are regularly the subject of collective
bargaining. Strikes are permitted for any reason, including
political causes. Approximately 45 percent of the workers are
unionized. Unions are free from government control but are
closely associated with political parties.

1009

PORTUGAL

There are two labor federations in Portugal: The General
Confederation of Portuguese Workers (CGTP) is controlled by
the Communist Party and is active in Communist-sponsored
causes; the General Union of Workers (UGT) is a pluralist
democratic union affiliated with the International
Confederation of Free Trade Unions and the European Trade
Union Congress. UGT leaders are associated with the Socialist
and Social Democratic parties, and some have been elected to
the Assembly of the Republic. Since both federations want to
represent Portugal in the International Labor Organization,
the Minister of Labor has decided that they will do so in
alternate years.

c. Freedom of Religion

Portugal does not have an established religion, and the State
does not interfere with the free practice of religion,
missionary work, or religious publications. Organized
religions may freely establish places of worship, train their
clergy, and proselytize. To qualify as a tax-exempt
institution, an organized religion must legally establish
itself as a nonprofit, private society.

Roman Catholicism is the prevailing religion in Portugal, and
Catholic religious instruction is offered as an eleccive
course in the pxoblic schools. The pursuit of a civil,
military, professional, or political career does not depend on
adherence to a religious creed. There were no reported cases
of religious persecution in Portugal in 1986, although some
Portuguese entered Canada claiming to be refugees from
religious persecution in Portugal. Authorities believe that
such claims were made to take advantage of Canadian
immigration laws.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees freedom of movement, foreign
travel, and emigration, and places no formal restraints on
domestic travel or on the right of an individual to change
domicile or employment. Some currency restrictions remain,
reflecting past difficulties in the balance of payments. The
Government has committed itself to removing these restrictions
in the near future. Large numbers of Portuguese emigrate
every year due to economic necessity or family reunification.
Many Portuguese emigrants return to Portugal to resettle or
retire. Citiz3nship is not revoked for political reasons.

A 1980 law established a humane refugee program in Portugal.
Displaced persons, who qualify as refugees under the technical
definition established by the United Nations, are given
permanent resident status and allowed to work; in practice,
displaced persons are not forced to return to the country from
which they fled.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Portugal is a multiparty, participatory democracy in which
candidates for the presidency or for the Assembly of the
Republic are freely nominated and elected. The unicameral
Assembly is the legislative body with the Prime Minister at
the head of the Government. The President and the members of
the Assembly are elected by secret ballot and universal adult
suffrage. Opposition parties and candidates operate freely

1010

PORTUGAL

and enjoy access to the media. Only "Fascist" organizations
are outlawed. General elections are held at least every
4 years. The President has a 5-year mandate but may serve no
more than two consecutive terms.

The population is predominantly European and ethnically
homogeneous. Portugal has a small African minority, most of
whose members emigrated to Portugal when the former Portuguese
colonies in Africa became independent following the 1974
revolution. There are no restrictions on political activity
by Portuguese of African heritage.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Portugal cooperates with independent outside investigations of
human rights conditions and actively participates in the
monitoring of human rights by the Council of Europe. Amnesty
International and other private international human rights
groups operate freely in Portugal. The most important
domestic human rights group is the Portuguese section of the
International Commission of Jurists, which considers the human
rights situation in Portugal to be, "on the whole, positive
and satisfactory."

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are no complaints of any one ethnic or religious group
benefiting from a privileged status in Portugal. The Civil
Code guarantees full legal equality for women in accordance
with the Constitution. Women play an active role in the
political parties but remain underrepresented in party and
government leadership positions. A woman served as Prime
Minister in 1979 and was a serious candidate for the
Presidency in 1985. There is one woman currently in the
Cabinet. Women are steadily increasing their representation
in universities, business, government, and the professions.
Traditional attitudes of male dominance persist in some areas,
but these are changing.

CONDITIONS OF LABOR

A national monthly minimum wage for full-time workers was
first established in Portugal in 1974. Minimum wages for
rural workers and domestic employees were legislatively
established in 1977 and 1978 respectively. With the exception
of 1982, minimum wages have been increased every year.
Workers are required by law to be granted an individual
written contract which must include their professional
category and salary, the work site, the starting date, and the
duration of the contract (in the case of temporary workers).
Employers are required to contribute to an employee's social
security fund. Legislation limits hours of work to 8 hours
daily and 48 hours per week. Overtime is limited to 2 hours
per work period, up to 120 annually. Work oa a normal day off
is restricted to 8 hours. These limits are respected in
practice.

Child labor in industry is not a generalized problem in
Portugal although there may be some cases of companies
operating outside of the law. The CGTP has charged that a
number of "clandestine" companies in the textile and
construction sectors in northern Portugal exploit child labor.

1011

U.S.OV^RScftS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: PORTUGAL

1984

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOO
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..,

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS 1

ANTS ,

I-TOTAL

. IfJ S-LOANS

IN FOR. CURR....,

II-TOTAL ,

lEF.EC.OEV 3, WFP,

ELIEF AGENCY

R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS ,

NARCOTICS ,

OTHER

II.MIL. ASSIST. -TOTAL,
LOANS

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
:.INTL MIL.EO.TRNG. .
D.TRAN-EXCESS STOCK,
£. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

40.0

80.0

76.6

0.0

40.0

80.0

76.6

40.0

80.0

76.6

0.0

40.0

80.0

76.6

40.0

80.0

76.6

0.0

3.0

0.0

o;o

0.0

107.9

123.0

112.4

45.0

55.0

43.1

62.9

73.0

69.3

60.0

70.0

67.0

45. D

55.0

43.1

2.9

3.0

2.3

0.0

147.9

208.0

139.0

45.0

55.0

43.1

102.9

153.0

145.9

0.0

OTHER US LOANS. ..,
EK-IM BAN< LOANS,
ALL OTHER

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1986

1946-86

TOTAL

172.3

146.4

12 5..0

1861.6

IBRD

72.6

66.0

25.0

1106.8

IFC

14.5

0.2

0.0

26.2

IDA

0.0

ID3

0.0

ADB

0.0

APOB

0.0

. 0.0

0.0

UNDP

0.2

0.0

3.4

OTHER-UN

0.0

o.d

0.0

0.2

EEC

35.0

80.0

100.0

725.0

1012

ROMANIA

Romania is a highly centralized Communist state. The Romanian
Communist Party, led since 1965 by President Nicolae Ceausescu,
is described by the Constitution as "the leading political
force in the whole of society." Through the Government, the
party seeks to control every significant aspect of the
country's life. In practice, the bureaucratic system leaves
varying degrees of latitude to local officials to carry out
central directives as well as to abuse their powers in
violation of constitutional rights. Almost all aspects of
life proceed within narrow bounds defined by the party and its
leader. Political dissent is not tolerated. Criticism of the
regime and its policies is suppressed by the ubiquitous
Department of State Security.

Maintaining its policy of repaying its foreign debt
obligations as soon as possible, Romania in 1986 continued to
make drastic efforts to increase productivity and conserve
energy and raw materials. Domestic shortages of consumer and
food items have continued to worsen, especially during the
winter months. Many basic foodstuffs are rationed, and meat
is largely unavailable. Mandatory energy conservation
measures result in many Romanian homes being without heat or
cooking gas for much of the winter .

In the area of human rights, major discrepancies exist between
generally accepted standards, for example as embodied in the
Helsinki Final Act of the Conference on Security and
Cooperation in Europe, and Romanian practice. Although
Romania is a signatory of the Final Act and the Romanian
Constitution guarantees many rights, the standards set in both
documents are not precise on many issues, so that the
guarantees are often meaningless in Romanian practice. The
party, through the Government, continues to limit and often
deny the right to free speech and free assembly and
association, and to apply restrictions to religious practice.
However, the Government has, within severely circumscribed
limits, moved to accommodate some human rights concerns.

In 1986 the Government acted on several longstanding human
rights issues. It agreed to permit the printing of some 5,000
Bibles for Baptist churches in Romania, with the promise of
more in subsequent years based on need. It declared an
amnesty in June for persons convicted of relatively minor
crimes and also released several longer-term prisoners
identified with issues of religious freedom and allowed them
to emigrate to the United States. American religious
travelers reported that they remained able to visit persons
and places of their choosing, although they or their contacts
subsequently have been questioned by the authorities. At the
same time, other aspects of the Government's treatment of
religious groups and the demolition of a number of places of
worship, including a major Jewish synagogue and a large
Seventh-Day Adventist church, in the name of urban
reconstruction, caused major concern.

In 1986 the Government continued its "principled opposition"
to emigration, discouraging individual cases by complicated,
slow-moving procedures and coercive tactics. Potential
emigrants often must wait several years before they receive
exit approval, although the hardships endured by such
intending emigrants have been reduced considerably by a 1985
U.S . -Romanian understanding on emigration procedures.
Departures for the United States, Israel, and the Federal
Republic of Germany in 1986 totaled 15,222, mainly under the

1013

ROMANIA

rxibric of family reunification. This figure represents a
decline from the 1985 total of 17,350.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no substantiated reports of political killings in
Romania during 1986. There were allegations that the death of
an ethnic Hungarian actor, Arpad Visky, was caused by the
security police, but there is other information contesting
this charge. At the same time, no Romanian investigation was
ever made public in the case of Gheorghe-Emil Ursu, a detainee
who died in November 1985 under unexplained circumstances.
Some sources claim the prisoner suffered beatings at the hands
of the police which led to his death. The available
information, though not definitive, appears to lend credence
to these reports.

b. Disappearance

There were no substantiated reports of politically motivated
disappearances. However, family and friends of persons
arrested on political charges are frequently left unaware of
their circumstances and location for long periods of time.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were numerous reports of mistreatment of persons while
in Romanian prisons or police custody. Acts of violence
perpetrated by police authorities attempting to obtain
information are frequently reported. Romanian authorities
also use physical and mental degradation to intimidate those
caught or suspected of wrongdoing. Persons detained for
questioning are often held incommunicado and kept for long
periods without sleep, food, or toilet facilities. Numerous
reports say those caught attempting to leave the country
illegally, for example, are subject to extreme physical and
mental harassment, often prior to being given only relatively
light sentences if they are first offenders. Prisoners also
report that, in the case of those who have received long
sentences for political offenses, wives are sometimes
pressured to divorce their spouses.

Among numerous other reports of mistreatment, the most common
complaints concern cells which are badly ventilated and poorly
heated, bad food in extremely small quantities, difficult
working conditions, long periods of isolation, excessive use
of force by guards, overcrowding, and segregation of persons
deemed "dangerous to the State" because of religious belief or
for other reasons. Several prisoners reportedly have been
denied outside medical care or even the use of medicines
brought to their prison by family members. By law, some
Romanian convicts are not required to work; the State uses
this provision to keep some prisoners effectively in solitary
confinement, whereas others in this category, whom the State
does not wish to segregate, reportedly are made to sign
"voluntary" requests to be allowed to work.

1014

ROMANIA

d . Arbitrary Arrest, Detention, or Exile

Persons detained for investigation often are held
incommunicado. Detention of varying duration, usually a
matter of hours, followed by release without charge, continues
to be widespread. Such arbitrary detention may be repeated
several times, with subjects called back for additional
lengthy interrogation and threatened with further harassment
or punishment for their actions. This treatment is
particularly common for those religious activists who are
detained. There is no provision for bail.

The scope of Romanian criminal law is broad enough to insure
that persons coming under official scrutiny may be convicted
of some offense. Examples of typical charges are "defaming
the Socialist order" for speaking frankly to a foreigner;
"disturbing the peace" or "illegal" assembly for private
prayer meetings in the home; "social parasitism" if unemployed
but technically guilty of no other offense; or "distributing
literature without a license" — a felony — if found attempting
to hand out f r ie Bibles. A June 1986 presidential decree
granted amnesty for certain offenses to most Romanians
sentenced to prison terms of less than 5 years and also
reduced longer sentences. This action freed a number of
persons imprisoned on relatively minor charges related to
their religious activities.

Exile is not a sanction under Romanian law, although there
have been cases of persons "temporarily exiled" by being taken
to a remote location and detained.

Romanian citizens are required to perform involuntary labor,
but for the most part this seems to fall within the area of
"civic obligations." The labor exactions are general
throughout the population. For example, a 1971 law, amended in
1985, requires up to 6 days' unpaid labor per year from each
citizen. The 1985 amendment, however, specifically provides
that additional tax payments can be substituted for days not
worked. Sanctions for nonperformance are light, and in many
jurisdictions the requirement for contributions of work (or
additional tax payments for days not worked) is apparently not
enforced. Students 11 years of age and older perform
"patriotic work" in agriculture or elsewhere, sometimes 8 to
10 hours daily for several weeks, especially during the
harvest. The Union of Communist Youth organizes "youth
brigades" for this purpose. Some religious groups reportedly
have been "encouraged" by local authorities to perform unpaid
labor in the fields on Sundays as a means of securing official
approval for church building permits or other benefits for
their congregations.

e. Denial of Fair Public Trial

Although Romanian law sets standards for proving guilt, in
practice an accused person often is considered guilty until
proven innocent. The ability of the accused to defend himself
effectively in a fair trial can be severely limited, especially
in politically sensitive cases. Although authorities
occasionally take pains to display an appearance of regard for
correct procedure and due process of law. Western observers
continue to gain the impression that being brought to trial in
Romania is in many cases an almost sure guarantee of
conviction. In 1986 there were clear cases of fabrication of
evidence and suborning and intimidation of witnesses by
prosecuting authorities, as well as of what appeared to be

1015

ROMANIA

violations of Romanian law regarding court procedures.
Defendants are often tried without counsel or are represented
by state-appointed attorneys whose role appears to be that of
apologizing for defendants' offenses. Members of the
judiciary, like other officials, are subject to the authority
of the Communist Party.

An example in 1986 of a trial which appeared politically
motivated was the case of loan Ruta. Shortly after Ruta, the
head of an enterprise employing 150 people, applied to join his
wife, who had elected to remain permanently in the United
States while on a business trip, he was charged with accepting
bribes. Observers found the evidence questionable and
inconclusive, with defense witnesses too intimidated to appear
in court. Ruta was convicted and sentenced to 7 years in
prison.

Most trials are held in public, though secret trials are
common where state security is involved and may also be
permitted in certain other cases. Foreign observers in 1986
continued to be able to attend public trials of high local or
international interest.

It is impossible accurately to estimate the number of
political prisoners in Romania, though the number could be
several thousand. This includes those convicted for
attempting to leave Romania illegally, "parasitism" (no
visible legal means of support), illegal economic activities,
and protesting against the political or social system.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Romanian laws and regulations governing the security apparatus
sanction a high degree of interference with the individual and
the family. The interference is somewhat mitigated by the
impossibility of total control, by uneven application of
regulations, and by official corruption.

Deliberate and arbitrary interference with the privacy of the
family, home, and correspondence is a frequent occurrence.
Searches are made of private homes, persons, and personal
effects without search warrants or probable cause that a crime
may have been committed. Militiamen at checkpoints located on
most roads leading out of the cities and at major highway
intersections in the countryside randomly stop and search
vehicles as a matter of course. Persons on tram cars and city
buses often are asked for identity documents and have shopping
bags and personal belongings checked by the authorities.

The authorities frequently enter homes on the pretext of
looking for building code violations, excessive consumption of
electricity, illegal use of electrical appliances, etc. These
searches facilitate the discovery of other items, such as
forbidden books and publications, religious materials, or any
other evidence of "wrongdoing."

Violation of privacy of the person also arises from the
antiabortion campaign. Mandatory pregnancy tests and physical
examinations take place bimonthly for many female workers in
order to insure that pregnancies are discovered and carried to
term.

Complaints about interference with both domestic and
international correspondence continue. Letters to or from

66-986 0-87-33

1016

ROMANIA

persons of interest to the authorities often never arrive at
their destination. People have reportedly been questioned by
the security police about topics discussed in letters which
were delivered seemingly unopened. On other occasions, people
have been questioned about statements made in letters sent
abroad but never received by the addressees.

The Government has the capability to monitor domestic and
international telephone calls and appears to do so frequently.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

These freedoms are severely restricted. While the Constitution
guarantees freedom of speech and press, it prohibits their use
for any purpose "hostile to the Socialist system and the
interests of the working people," as defined by the State and
party. Similarly, the Penal Code prohibits "propaganda with a
Fascist (as defined by the State) character delivered in
public by any means ... (or )... the undertaking of any action for
the changing of the Socialist system...." It also prohibits
acts "which would result in a danger to state security;" these
offenses are punishable by prison terms of up to 15 years.

The Government seeks to control the domestic dissemination of
information in a variety of ways. Though official censorship
was abolished some years ago, all media are state owned,
rigidly controlled, and used primarily as the vehicle for
government and party propaganda. Western radio broadcasts in
the Romanian language are not jammed and are a major source of
both foreign and domestic news for the Romanian people.
Western publications are not generally available, although
foreign cultural centers and libraries are open to the public
and are allowed to distribute limited quantities of Western
periodicals. The unauthorized importation or distribution of
foreign publications is forbidden. In 1986 there were
frequent reports of confiscations of foreign-source materials,
including Hungarian language publications, at the border.
Romanian libraries carefully control access to "restricted"
materials such as prewar historical texts. For live theater,
official boards must approve all new productions before the
opening performance. Serial numbers and type-face samples of
all typewriters must be registered with the authorities, and
the use of duplicating machines is strictly regulated.

b. Freedom of Peaceful Assembly and Association

The Government attempts to control all group activity. No
organization independent of government or party influence is
permitted to exist. Peaceful assembly and association without
permission are usually short-lived and may bring severe
penalties to those involved. Citizens are strongly
discouraged from making contact with foreigners and are
required to obtain permission in advance to attend functions
held by non-Romanians. New decrees promulgated late in 1985
but never officially published (and often not obeyed) further
discourage contacts with foreigners and strengthen the
requirement that all such contacts be reported to the
authorities within 24 hours.

The Constitution guarantees the right to join a union. As
noted earlier, however, it also enshrines the Communist Party
as "the leading political force in the whole of society,"
which applies specifically with respect to labor unions and

1017

ROMANIA

Other "mass and public organizations." Trade unions
independent of the party are thus prohibited, and workers do
not have the right to form associations, elect
representatives, or affiliate with international organizations
except through the official unions.

Workers do not have the right to organize or bargain
collectively. While they nominally have a direct voice in the
management of the workplace through the unions that all must
join, in many factories the senior party official is also the
union's chief executive, and the primary function of the
unions is to channel party doctrine and directives to the
workers. Unions also dispense social benefits, such as
vacations at union-owned hotels (for which the member pays
only a fraction of the real cost), low-interest loans, and
access to cultural, educational, and other leisure activities.

Romania's labor code is silent on the right to strike, except
to elaborate procedures by which the union leadership is
required to mediate disputes between the workers and
management, with recourse to the courts where the dispute
cannot be settled. In practice, sanctions available to the
party and the union make it unlikely that such disputes would
reach the courts. In the past, the Government's reaction to
actual strikes, or to advocacy of the worker's right to
strike, has been harsh repression.

Brutal suppression of miners' strikes in the late 1970 's led
to a complaint by the World Federation of Labor and an
investigation by the International Labor Organization (ILO).
Inadequate responses, failure to respond further to charges,
and refusal to accept a direct-contact mission led the ILO to
find Romania substantially in violation of generally accepted
labor standards. In 1986 Romania reportedly resumed
discussions with the ILO, but no resolution of the matter has
been reached.

Work stoppages and labor unrest caused by dissatisfaction
about food shortages, pay, or lack of heat have increasingly
been reported. The institution of unrealistic production and
sales quotas and penalties in the form of salary deductions
for failure to meet them has increased worker dissatisfaction.

c. Freedom of Religion

Religious practice is active and widespread, yet closely
controlled and circumscribed by the Government. The
Government subsidizes some religious groups, but actions by
central and local authorities which abridge basic religious
rights are a continuing source of concern. The Communist
Party advocates atheism, and religious activism by state
officials and party members is not permitted.
Schoolchildren are taught to be wary of religious
"superstition." Newspapers and other party-controlled media
regularly portray religious believers as ignorant or backward.

Article 30 of the Constitution provides for "freedom of
conscience" for all citizens, with freedom for individuals to
share or not to share a religious belief and for churches to
"function freely," subject to laws governing church
organization and operation. Those who do not challenge the
limits imposed by the Government on church activities may
practice their religion quietly. With such "freedom" comes
the disadvantage that those who exercise it are less likely to

1018

ROMANIA

advance far in their trade or to enter such professions as law
or medicine.

The Government recognizes 14 religious denominations and,
through the Department of Religious Affairs, exercises broad
discretionary powers over the various religious groups. The
Government subsidizes clerical salaries (which some
denominations do not accept), issues licenses to preach,
approves permits for church construction or renovation,
establishes the number of new admissions to seminaries, and
controls the importation or printing of religious materials,
including Bibles. These powers often are used arbitrarily,
especially against groups that arouse official concern.

Government restrictions are aimed most intensely at groups
whose beliefs, in the Government's view, inspire "antisocial"
or " ant i -Government" behavior. Press articles periodically
criticize these groups for being "fanatic," or "antisocial,"
or for professing beliefs that conflict with Romanian law. In
recent times, however, the unrecognized religious groups have
been tolerated by the Government, although their worship
services occasionally are treated by local authorities as
"illegal assemblies," with the participants arrested or fined.

The rapid growth of the evangelical denominations has led to
pressures for more religious training, more printing of
religious materials, and the expansion and construction of
more churches. Conflicts between evangelical groups and the
authorities have arisen frequently, and the Goveriiment ' s
response has been harsh. Activists who are devout and vocal
are kept under surveillance and often are subject to loss of
jobs and social benefits, police intimidation or arrest, and
in some cases beatings.

The shortage of Protestant Bibles has led some Romanians to
risk harsh penalties and even imprisonment for smuggling them
into the country. In 1986, however, a number of imprisoned
religious activists were released. Constantin Sfatcu,
convicted in 1985 of attempting to murder a police officer
after Sfatcu was caught transporting "illegal" Bibles, was
released and allowed to emigrate to the United States, as were
a number of others, including Dorel Catarama, a Seventh-Day
Adventist, and three Baptist pastors. An elder of a Ploesti
Evangelical Brethren Church, Hie Neamtu, was convicted in
1986 and given a severe sentence, although the circumstances
suggest that Neamtu ' s real offense was organizing a series of
Evangelical meetings among his co-workers. Neamtu 's
conviction, however, was overturned in November by an appeals
court which ruled the charges against him were incorrect.

In a positive development in 1986, Romanian authorities agreed
to the printing of 5,000 new Bibles for the Romanian National
Baptist Union, the first such printing since the 1920 's. They
also agreed to the printing of several thousand additional
Bibles in subsequent years, depending upon the need. At the
end of the year, arrangements for the printing of the first
group of Bibles had not been completed.

Concerns remain regarding the maintenance, repair, and
construction of church buildings. A large Seventh-Day
Adventist Church in Bucharest, located in a renovation zone,
was demolished in August. Although the Government has
promised to allow the purchase of a replacement facility, none
of the sites proposed by the Church have been approved. Since
August, the congregation has been meeting in a temporary

1019

ROMANIA

Structure totally inadequate for its needs. A Baptist Church
in Hunedoara is making its final appeal on an alleged building
code violation; if it loses, a substantial part of the church
building will be demolished. Several other congregations
whose churches were destroyed in previous years are still
awaiting approval to rebuild. An Evangelical Brethren Church
in Brinceni recently lost a court case involving the validity
of the sales contract for its building and now must find new
quarters. The country's largest Baptist Church, in Oradea,
has been told that approval previously granted for
construction of a new church, on land purchased at great
expense, has now been revoked, leaving the several
thousand-member congregration in an overcrowded building with
a decaying foundation and no sewer facilities.

Seminary admissions remain extremely limited. In 1985 the
Baptists were allowed only four new students, the Seventh-Day
Adventists and Pentecostals , three each. By comparison, the
Baptists were permitted an average of 40 per year in the late
1970 's.

The Government remains in disagreement with the Roman Catholic
Church on a number of issues, and the church technically
remains without an approved government charter. However, the
church is allowed to operate as if it were fully recognized.

The Government continues to permit the operation of an active
Jewish community organization throughout the country. Jewish
leaders also continue to be able to travel freely outside
Romania. However, there were a number of problems in 1986.
In the course of a major urban renewal project in Bucharest, a
large old age home was demolished before a replacement
facility was ready, and a major synagogue was torn down
despite earlier indications from the Government that this
would not occur. Responsible Government authorities have
since given assurances that the remaining key Jewish community
facilities will not be disturbed. The Jewish community also
has been distressed by anti-Semitic overtones in two recent
publications. Community leaders protested vigorously and were
told that those responsible would be punished. Recent reports
indicate that the editor of one of the publications has been
dismissed. The Government did allow the Chief Rabbi to
respond publicly in the Jewish community newspaper to one of
the pieces, but neither of the offending publications has
printed the Rabbi's letters of rebuttal. A fire in October
which damaged the synagogue in Buhusi, in northeastern
Romania, has given rise to new concerns about anti-Semitism in
Romania. However, the Government quickly denounced the act,
and within several days arrested four suspects who were later
convicted on charges of robbery and arson and imprisoned.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Except for certain military or other restricted areas (access
prohibited) and border areas (access limited to residents of
the areas and those with economic need to travel there), there
are no official restrictions placed on travel within Romania.
Because of economic hardships, however, travel within Romania
can be difficult for the average citizen. The authorities
sometimes reportedly seek to discourage citizens from
traveling to meet foreign visitors or to attend particular
functions .

1020

ROMANIA

The right of a citizen to change his place of residence is
restricted. All citizens are required to have residence
permits and may not legally move from one town to another, or
between districts within a city, without official permission.
Implementation of residence permit regulations and
ant i unemployment laws has had the effect of diluting the
ethnically homogeneous nature of some parts of the country
heavily populated by national minority groups. Workers are
technically free to change jobs, although ant i unemployment
laws and governmental controls limit this freedom in practice.

Travel outside Romania is treated as a privilege, frequently
arbitrarily withheld, even for those who can "guarantee" their
return by leaving a close family member behind. Older persons
wishing to visit their children resident abroad generally have
few problems.

Officially, Romania encourages tourism by making visas
available for most visitors at the border. The Government has
indicated, however, that certain U.S. citizens who formerly
visited Romania as tourists would not be given visas for
future visits, nor would they be allowed to reenter the
country. In 1986 two American visitors were arrested and
expelled from the country after attempting to contact
prominent ethnic Hungarians. The Government refused to give
the grounds for the expulsion except to insist, with no
apparent justification, that their activities were
inconsistent with tourist status.

Official policy continues to oppose emigration for any purpose
but family reunification. Those who seek to leave Romania
continue to face harassment designed to dissuade them and
others who might be considering permanent departure.
Successful applications take between 1 and 5 years before exit
approval is granted. The Government refuses to allow some
Romanians to apply for emigration passports at all.

The United States and Romanian Governments reached an
understanding in 1985 on new procedures for processing persons
seeking to emigrate to the United States. These procedures
have substantially reduced the hardships formerly faced by
Romanians given permission to leave permanently for the United
States. They represent one area of progress by Romania toward
fulfilling its commitments, under the Madrid Concluding
Document of the Conference on Security and Cooperation in
Europe, regarding treatment of intending emigrants.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Though the Constitution guarantees the right of Romanians to
change their government and leaders, in practice the
individual citizen has almost no voice in shaping public
policy or choosing public officials. The Romanian Communist
Party, led by the President and a few advisers, rules the
country. No actual or potential alternatives to this present
rigidly centralized control are apparent, and no meaningful
opposition exists or would be tolerated. Public criticism of
the Government, the party, and the state leadership is
suppressed.

The Communist Party comprises more than 13.5 percent of the
total population of the country. Women officially represent
52 percent of the general membership, and minorities are

1021

ROMANIA

reportedly represented in proportion to their numbers within
the general population.

National parliamentary elections by secret ballot are held
every 5 years. The public has no effective voice in the
nominating process; candidates are chosen by the Front for
Democracy and Socialist Unity, a mass organization whose
president is Nicolae Ceausescu. Over 75 percent of its
officers are Communist Party Central Committee members.
Official statistics published after the March 1985 general
election claimed that 99 percent of those registered actually
voted, and 97.3 percent of these voted for the Front's
candidates. Western observers closely watching the elections
consider these figures highly suspect. The Parliament itself
rubber-stamps the Government's proposals.

In Romania, the chief party executive for each city, county,
or enterprise is also the chief civil executive. Internal
party elections were held for the new Communist Party
leadership late in 1984. Though these preceded the national
general election by several months, those chosen for senior
party posts the previous fall were universally "elected" to
the corresponding public posts the following spring.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no human rights monitoring organizations operating
in Romania. The Government has not commented officially on
reports issued by governmental or nongovernmental
organizations such as the Council of Europe, Amnesty
International, or Freedom House, all of which have been
critical. In 1986 Romanian authorities refused to approve a
long-proposed visit by the International Human Rights Law
Group. It did allow travel to Romania by American human
rights attorney-observers at the bribery trial of loan Ruta
described above.

Romania continues officially to proclaim that discussion and
examination of its human rights situation is "unwarranted
interference in domestic affairs," despite its professed
support for human rights standards embodied in the United
Nations Charter and in the Final Act of the Conference on
Security and Cooperation in Europe. At the same time,
discussion of human rights issues is a regular feature of
diplomatic exchanges between the U.S. and Romanian Governments,

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

According to official figures, the country's population
includes about 2.7 million members of ethnic m.inorities, of
whom 1.7 million are ethnic Hungarians. Hungarian sources
claim that the true figure is closer to between 2 and 2 1/2
million ethnic Hungarians. Hungarians, Germans, Gypsies, and
members of many smaller groups constitute about 12 percent of
the total population. Romania's minorities live in a country
infused with Romanian nationalism. School texts, history
books, and mass media purvey a version of history which often
ignores or belittles the role these minorities have played in
Romanian history. Although there is no clear evidence of
economic discrimination against minorities, the Government,
despite public pronouncements to the contrary, appears to

1022

ROMANIA

encourage the integration and absorption of minority groups
into one unified Romanian culture.

Although the Constitution forbids discrimination on the basis
of ethnic background, and the Government claims it does not
discriminate against minorities, there nonetheless are
limitations on minority groups' freedom to express and
maintain their cultural heritage. The principal groups which
feel such limitations are the Hungarian and, to a lesser
degree, the German minorities. Government efforts to
centralize and economize by combining educational, social, and
cultural facilities frequently affect minority groups
disproportionately. For example, the mergers of schools,
theaters, or other such institutions often result in the loss
of the minority group's ethnic characteristics as the
institutions become predominantly Romanian.

Strict government control of private organizations which are
dedicated to the preservation of ethnic cultural practices is
often viewed by members of minority groups as discriminatory.
Both Romanian and non-Romanian television and radio
broadcasting have been cut as an economy measure. However,
despite government limitations, Hungarian- and German- language
daily papers still outstrip their Romanian language
equivalents in circulation in heavily ethnic areas.

In the field of education, reports from several sources
indicate that there are no longer Hungarian-language high
schools, but only Hungarian sections in Romanian high
schools. Under longstanding rules, the minimum number of
Romanian-speaking students required to form a Romanian class
is far less than the minimum number of minority children
required to form a class in their language. There continue to
be reports that government practice is to assign mainly
Romanian-speaking teachers to predominantly Hungarian areas,
and most Hungarian-speaking teachers to predominantly Romanian
areas. Although basic schooling still is available in
minority languages such as Hungarian and German, students can
take university entrance examinations and courses in minority
languages only in a few disciplines.

Women are constitutionally guaranteed the same rights and
privileges as men. The Government seeks to upgrade the role
of women in society with specific policies in the areas of
education, access to employment, and comparable wages. As a
result, women are employed in virtually all sectors of the
economy, and there is equal opportunity in education, but at
the senior levels of responsibility and authority, they appear
in far smaller numbers. The higher ranks of the party are
occupied predominantly by male Romanians.

CONDITIONS OF LABOR

The Constitution guarantees the right to work. Unemployment
is a crime ("social parasitism"). The Government closely
controls the labor market and claims that there is no
unemployment .

The Constitution guarantees an 8-hour workday (or a 6-hour day
in "arduous" occupations), a 24-hour rest period each week,
paid vacations, and the "right to leisure. " Labor law
elaborates these guarantees but allows employers to override
these standards "if conditions warrant." In 1986 there were
numerous reports of workers required to perform extra,
uncompensated days of labor to make up for lagging production

1023

ROMANIA

or for some official holidays. Shift schedules and workdays
have been arbitrarily adjusted, in some cases, to rationalize
machinery use or energy consumption patterns.

There is no specific minimum employment age, although Romanian
law requires schooling to the age of 16. Exceptions, however,
are allowed for youths 14 years of age in temporary jobs and
for youths of 15 employed in industrial work, so long as the
employer provides continuing educational opportunities and
shows that the work being performed is "appropriate for the
age and condition" of the employee. In such cases, the law
limits work to 6 hours per day. Children from age 11 may work
in the fields, or in other "patriotic work," usually as part
of a school or other group activity.

The labor code guarantees Romanian workers a safe
environment. The Ministry of Labor has established safety
standards for most industries and is responsible for enforcing
these standards. In practice, however, observers report that
workplace conditions in many factories present substantial
health or safety hazards. Although management is reportedly
aware of these deficiencies in most cases, emphasis on meeting
production goals clearly takes precedence over safety and
health in light of the Government's insistence on rapidly
paying off the foreign debt and on pursuing industrial and
economic development.

1024

SPAIN

Spain is a parliamentary democracy with a constitutional
monarch. The fundamental rights of speech, assembly, press,
religion, movement, and participation in the political process
are guaranteed in the Constitution of 1978. These rights
extend to all and are respected in practice. At all levels of
government, elections must be held every 4 years. Voter
participation is high in these free and open elections.

The Spanish economy is mixed, with primary reliance on private
initiative and market mechanisms. Although the economy is
healthy, Spain currently has a high degree of unemployment,
due in part to the Government's efforts to control inflation
and reduce budget deficits. Women, youth, and minorities are
disproportionately affected by the unemployment.

Human rights enjoy great respect in Spain. Charges of abuse
of human rights most often occur in connection with political
terrorism. Although it is government policy to reduce and
eliminate antiterror ist violence, some law enforcement
officers have been found guilty of mistreatment of presumed
terrorists. In addition, the ant iterrorist law has been
criticized for not providing basic legal rights during the
first 10 days of detention.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

According to the Minister of the Interior, in the first 7
months of 1986, there were 179 terrorist actions in Spain,
killing 34 persons and wounding 100. Most of the terrorism
was either claimed by or attributable to the Basque separatist
group ETA-M (Basque Fatherland and Freedom Group). While the
numbers themselves do not indicate an increase in terrorist
activity, the public perception is that the situation is
worsening. Recent attacks attributable to ETA-M have killed
or wounded more civilians because of the increased use of car
bombs. There have also been relatively more attacks in
Madrid, although the bulk of ETA-M actions still occur in the
Basque provinces. Terrorist activity by foreign groups
included a bomb attack against the El Al airline at the Madrid
airport. An alleged member of the Palestinian terrorist group
Abu Musa was arrested in connection with this incident.

The final coroner's report on the 1985 case of alleged ETA
activist Mikel Zabalza supported the police version of the
incident — that Zabalza accidentally drowned in the Bidasoa
River while attempting to escape from police custody. No one
has been arrested and convicted in this case, and the case has
been closed.

b. Disappearance

There are no claims that police or government security forces
have carried out secret arrests or kidnapings. The Basque
separatist group ETA-M engaged in one kidnaping for ransom in
1986.

1025

SPAIN

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Government security forces have been accused, and in some
cases convicted, of mistreating prisoners, chiefly in
terrorism-related cases. According to the Ministry of
Interior, 376 persons were arrested under the antiterrorist
law in the first 9 months of 1986. Of this number, 161 were
prosecuted. The majority of those arrested under the
antiterrorist law filed complaints of police brutality,
including torture. In the first 9 months of 1986, 811 such
complaints were made. The Government asserts that a detainee
under the antiterrorist law routinely lodges a complaint of
police brutality or torture whether or not there is cause.
For the first time, a detainee who complained of police
brutality was sentenced in 1986 to 6 months' imprisonment for
a false denunciation. The sentence is under appeal.

Nevertheless, there is evidence that police brutality and/or
torture occurs, especially in connection with the
antiterrorist law. Early in 1986, the courts sentenced some
39 members of security forces for mistreatment of prisoners
arrested under the antiterrorist law, many of the cases going
back a number of years. There are presently two cases of
alleged police brutality which involve police lieutenants.
Also, a case has been brought against a high-ranking Interior
Ministry official for his alleged coverup of police brutality
when he was Chief of Police in the Basque city of Bilbao. In
addition, the Provincial Court of Madrid has asked the Supreme
Court to inquire into the responsibility of the Interior
Minister for the application of the antiterrorist law to a
common criminal called "El Nani" in 1983. "El Nani"
disappeared during the period of incommunicado detention. In
August and September 1986, the Government refused a court
order for 90 members of the Guardia Civil to appear in
connection with charges of police brutality. The Government
claimed that public identification in the Basque country
raises serious problems of security for the persons
concerned. Critics charge that failure to obey the court
order is an obstruction of justice.

d. Arbitrary Arrest, Detention, and Exile

In general, people are free from arbitrary arrest and
detention. Many criticize the antiterrorist law, however, for
providing a period of incommunicado detention which lends
itself to police brutality and torture. A detainee under the
antiterrorist law must be brought to the court's attention
during the first 72 hours of detention, but the court has
discretion to extend the period prior to arraignment for
another 7 days. A person detained under the antiterrorist law
has to be informed of his rights and the reason for arrest.
The detainee may not choose his own lawyer; instead, one is
provided to him from the private (and independent) association
of lawyers. There is no provision for an independent medical
examination. The Government contends that allowing the
detainee to choose his own attorney or doctor might enable him
to communicate with accomplices outside. The appointed
attorney formally advises the detainee of his rights,
including the right to remain silent, and is present during
his interrogation. However, he may not consult with the
detainee until the interrogation is completed.

There is no exile or forced labor in Spain.

1026

SPAIN

e. Denial of Fair Public Trial

The Constitution guarantees the right to a fair public trial,
and this right is observed in practice. The law provides for
an expeditious judicial hearing following arrest. Defendants
may always appeal to the next highest court, and up to the
Council of Europe in cases concerning human rights.

f . Arbitrary Interference With Privacy, Family, Home, or
Correspondence .

Privacy of home and correspondence is protected by the
Constitution. Under the Criminal Code, government authorities
must obtain court approval before searching private property,
wiretapping, or interfering with private correspondence. The
antiterrorist law gives discretionary authority to the
Minister of Interior to act prior to obtaining court approval
"in cases of emergency." However, there have been no
complaints that the Minister has abused this discretion.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government scrupulously observes the guarantee of free
speech and press provided in the Constitution. Opposition
viewpoints are freely expressed in speech and through the
media .

b. Freedom of Peaceful Assembly and Association

As provided in the Constitution, all groups have the right of
free assembly and association for political or other purposes.

Under the Constitution, trade unions are free to organize,
bargain collectively, and strike. About 14 percent of the
Spanish work force is unionized. Trade unions are not
subjected to official harassment. They freely maintain ties
with recognized international organizations.

c. Freedom of Religion

There is no state religion in Spain. Catholicism is the
predominant religion, but other religions are represented and
function with full freedom. Adherence to a particular faith
neither enhances nor diminishes a person's secular status.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Spanish citizens have the freedom to travel in and outside the
country. The Government restricts neither emigration nor
repatriation. A law controlling the residence of aliens, of
which there are some 700,000, is under constitutional
challenge. One of the most frequent criticisms of this law is
that it permits the detention of an alien, often for long
periods, until his expulsion. After a series of
demonstrations by non-Spanish (primarily Moslem) residents in
the North African cities of Ceuta and Melilla, the Government
has agreed to help resolve outstanding problems and has
appointed a representative as special advisor to the Minister
of the Interior. The non-Spanish Moslems continue to object,
nevertheless, that the law on residence of aliens
discriminates against them and that it is being applied in an
uneven manner .

1027

SPAIN

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Spain is a multiparty democracy with open elections in
which all citizens over the age of 18 have the right to
participate. Opposition groups exist openly and take
active part in the political process. Free and actively
contested elections to the national Parliament, as well as to
several regional parliaments, were held in 1986.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government maintains good relations with international
human rights groups, such as Amnesty International and the
International Committee of the Red Cross, as well as with
national groups, such as the Spanish Human Rights
Association. The Foreign Ministry, through an Office of Human
Rights Affairs, takes an active interest in human rights
issues internationally.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Education and economic and social services are generally
available to all without discrimination of any kind.

Spain's Constitution guarantees women the same rights as men.
In practice, however, there is evidence of discrimination in
terms of employment and advancement. In addition, many
Spanish women accept traditional limitations on opportunity.
Because of this, the Women's Institute, a part of the Ministry
of Culture, has as one of its major goals the education of
women regarding their options. To this end, the Women's
Institute, during the past year, has instituted training
courses for women and is developing a pilot program to help
housewives reenter the work force. The Women's Institute also
has planned for 1987 a series of television advertisements
which will make women aware of the range of job options open
to them. Another area in which the Women's Institute has
effected a great advance is that of battered women. In
addition to the shelters which it has established for
counselling, the Women's Institute has worked closely with the
police to create special sections operated by female police
officers within police stations in order to give women
confidence to present complaints of abuse or rape.

Gypsies are a minority group representing 3 percent of the
Spanish population. They sometimes suffer discrimination in
housing, schools, and jobs. Legal mechanisms exist by which
they can seek redress, for example, from discrimination by an
employer. As a practical matter, however, Gypsies do not
normally seek such redress. Gypsies still suffer from
occasional violence, in which racism may be one element. In
the village of Martos in Andalucia, some 200 townspeople
burned 30 Gypsy homes on July 12, 1986. The Government is
committed to securing equal rights and treatment for Gypsies.
To that end, the Government has appointed a representative of
the Gypsy community as special advisor to the Minister of
Interior .

1028

SPAIN

CONDITIONS OF LABOR

Workers in general have substantial well-defined rights. A
40-hour week was established by law in 1983. Spanish workers
also enjoy 12 paid holidays a year and a month's paid
vacation. A minimum wage tied to the cost of living is
provided by law. Children under 16 years of age may not be
employed. Working and health conditions are generally good.
Workers in the underground economy, estimated to be as high as
25 percent in some areas, do not have the same protections and
benefits as those in the open economy.

1029

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SPAIN

1984

1935

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST.
OANS. . . ..
RANTS...,

•TOTAL..,

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

OTAL

^^ $-LOANS....,
FOR. CURR.....
TOTAL ,

.EC.DEV 5 WFP,
5F AGENCY....,
CON. ASSIST..,

;E CORPS,
COTICS..,
ER •

11. AIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
C.INTL MIL.EO.TRNS. .. .
D.TRAN-EXCESS STOC^...
E. OTHER GRANTS

III. TOTAL ECON. & MIL...

LOANS

GRANTS

12.0

0.0

O.D

0.0

12.0

0.0

12.0

0.0

O.D

0.0

12.0

0.0

12.0

0.0

D.O

0.0

403.0

402.9

385.2

400.0

332.8

3.0

2.9

2.4

0.0

400.0

382.8

3.0

2.9

2.4

0.0

415.3

414.9

385.2

400.0

382.8

15.0

14.9

2.4

OTHER US LOANS...,
EK-IM BANK LOANS.
ALL OTHER ,

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL ,

105.0

140.0

160.0

988.1

IBRD

0.0

416.3

IFC

0.0

11.6

IDA

0.0

JOB

0.0

O.D

0.0

AD3

0.0

AF03

D.O

0.0

.0.0

0.0

UNOP

D.O

0.0

8.6

OTHER-UN

0.0

0.0'

0.0

1.6

ee:

105.0

140.0

160.0

550.0

1030

SWEDEN

Sweden is a constitutional monarchy, whose King is Chief of
State. All executive authority is vested in the Cabinet,
which is formed through direct parliamentary elections every
3 years and consists of a Prime Minister (head of government)
and some 20 ministers. The 349 seats in the unicameral
parliament are divided proportionally among the 5 political
parties currently represented. The Social Democratic Party,
Sweden's largest, was returned to power in the September 1985
elections, though with a reduced parliamentary plurality.

Sweden is an advanced industrial democracy with a high
standard of living, extensive social services, and a mixed
economy. Over 90 percent of business is privately owned.

Private persons are entirely free to express their political
preferences, pursue individual interests, and seek legal
resolution of disputes. Ombudsmen, appointed by the
Parliament and possessing full autonomy, investigate private
complaints of alleged abuse of authority by officials and
stipulate corrective action, if required.

Respect for human rights is a basic social value that
underlies Sweden's active support of international efforts to
improve human rights observance. The human rights situation
was largely unchanged in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

Killing for political motives by government or domestic
opposition groups does not occur. The murder of Prime
Minister Olof Palme has not been resolved, however, and the
motive for his assassination is still unknown. During 1986
several Kurds residing in Sweden were murdered. The only case
that has been solved revealed that the murder was an act of
political revenge arranged by the Kurdish Communist Party.
The Government minimizes the potential for terrorism through
cooperation with Interpol, refusal of visas to known
terrorists or persons with terrorist connections, border
control by immigration and customs authorities, and
surveillance of foreign persons who appear to be spying on
refugee groups in the country.

b. Disappearance

Abduction, secret arrests, or clandestine detention by Swedish
authorities does not occur.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment .

Swedish law prohibits these abuses, and such prohibitions are
respected by the authorities. Occasional accusations made
against individual policemen for alleged excessive use of
force in connection with arrests are carefully investigated
and have not produced evidence of a systematic problem.
Prison conditions are generally good.

1031

SWEDEN

d. Arbitrary Arrest, Detention, or Exile

Statutory guarantees of individual liberty are observed.
Persons disturbing the public order or considered dangerous
may be held for 6 hours without charge. Criminal suspects may
be held no longer than 12 hours without formal charges. If a
person files for bankruptcy and refuses to cooperate with the
official investigation, a court can order detention for up to
3 months (with judicial review every 2 weeks). Arrest is open
and by warrant. Bail does not exist, but suspects not
considered dangerous or likely to destroy evidence are
released to await trial. By law, Swedish citizens cannot be
expelled from the country. Convicted foreign criminals are
often expelled at the conclusion of their prison terms, unless
they risk execution or other severe punishment at home.

Severe criticism was directed at policemen who detained a
Chilean refugee for 3 days without providing him a
Spanish-speaking interpreter. He had no means of communicating
with the police due to the language barrier, and his two small
children were left alone in the meantime. The Government is
presently looking into how such incidents can be avoided in
the future.

Forced or compulsory labor does not exist in Sweden.

e. Denial of Fair Public Trial

The Constitution forbids deprivation of liberty without public
trial by a court of law. The judiciary functions freely and
independently. The accused has the right to effective
counsel, although budget cutbacks since 1983 have restricted
the availability of public defenders to cases where the
maximum penalty could be a prison sentence of 6 months or
more. There are no military courts in peacetime.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Freedom from such interference is guaranteed by law. Home
searches are limited to investigations of crimes punishable by
at least 2 years' imprisonment, such as murder, robbery, rape,
arson, sabotage, counterfeiting, and treason. Wiretapping is
permitted only in cases involving narcotics or national
security. Searches and wiretaps normally require court
approval. When the time factor is critical, or when life is
believed to be in immediate danger, the ranking police officer
can approve these measures. Search warrants are granted only
after deliberation and only on the basis of well-founded
suspicion.

Human rights groups in Sweden expressed concern about the
increased number of wiretappings . In 1980 the number of
persons subjected to wiretapping was 220, while in 1984 the
figure increased to 414. As a result of the Palme murder,
some observers are concerned that the figure will increase
further. There is no indication, however, that telephone
monitoring is done arbitrarily.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Swedes enjoy these freedoms fully. Government subsidies to
daily newspapers, regardless of political affiliation, assure

1032

SWEDEN

the expression of differing opinions. Publication of
sensitive national security information and excessive violence
in films and television are subject to censorship. Commercial
video tapes will soon be screened and stopped as well if they
contain scenes of unacceptable violence. Radio and television
broadcasting are a government monopoly, while newspapers and
periodicals are for the most part privately owned and
published.

b. Freedom of Peaceful Assembly and Association

Swedes exercise these freedoms without restraint. Public
demonstrations require a police permit, for which applications
are routinely approved.

Workers are free to organize and have the right to strike.
A large majority of the working population belongs to trade
unions, including career military personnel and civilian
government officials. Unions and trade associations conduct
their activities with complete independence from the
Government and pursue intensive international contacts.

c. Freedom of Religion

Swedes have unimpaired religious freedom. There is a state
Lutheran Church, supported by public funds, but all faiths may
be freely observed. Parents have full freedom to teach their
children religious practices of their choice.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within and from the country and voluntary
repatriation are guaranteed by law and respected in practice.
Refugees, displaced persons, and others seeking political
asylum are on the whole generously treated, though long waits
and denial of asylum requests from applicants not meeting
internationally agreed criteria are becoming common.

The arrival of more asylum-seekers, many undocumented, from
the Middle East has posed a humanitarian problem. Long delays
in deciding asylum cases and the return of asylum-seekers to
Lebanon, Turkey, and Poland prompted protests from immigrants
and human rights groups in Sweden during the year. Denials of
entry at the border to alleged refugees have also aroused
criticism by the same groups.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Sweden has a long history of vigorous democratic political
life within a representative, multiparty parliamentary
system. To enter Parliament, a party must win a minimum of 4
percent of the votes cast. There is universal suffrage over
age 18. Although voting is not compulsory, nearly 90 percent
of eligible voters participated in the 1985 elections. Aliens
who have been legal residents for at least 3 years have the
right to vote and run for office in municipal elections.
There has been periodic public discussion about extending this
right to national elections.

1033

SWEDEN

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights.

Ombudsmen serve as official governmental monitors of
individual rights in Sweden, effective both in making citizens
aware of their rights and publicizing and correcting abuse of
state authority. Active private organizations monitor issues
such as the impact on individuals of comprehensive social
legislation and the condition of the native Lapp population.
Government agencies are in close contact with Amnesty
International, the Red Cross, church organizations, and a
variety of other private groups working in Sweden and abroad
to improve human rights observance. State-supported Stockholm
University offers instruction in making human rights complaints
to bodies such as the European Commission on Human Rights.

The United Nations Human Rights Commission in October 1985
studied Sweden. The commission commented upon the fact that
Sweden lacks forceful legislation against racism. Sweden's
answer was that such legislation would not be compatible with
its Constitution which guarantees full freedom of speech and
the right to form organizations.

In July 1986, the European Commission for Human Rights
criticized Sweden for a violation of human rights. The case
involved a man whose house had been taken 9 years before by
the local authorities while waiting for the completion of the
city plan. The following week the local authorities allowed
the man to buy his house back.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

In 1986 the Government appointed a special ombudsman to deal
with complaints of racism or discrimination. Civil and
criminal penalties for discrimination will be increased.

Basic human needs for the entire population are thoroughly met
without discrimination. The State provides social welfare and
medical services, benefits to families, pensions, and
disability and unemployment insurance. The Government runs
special programs to help immigrants adjust to Swedish life and
culture (including 240 hours of paid language instruction).

Institutionalized efforts continue to extend equality between
the sexes through equal employment opportunity, legal
protection of the right to equal pay for equal work, and
public education to break down sexual stereotypes. A public
ombudsman, called the equality ombudsman, investigates
complaints of sex discrimination in the labor market.
Employers are required to base hiring decisions on merit and
to pursue actively the goal of equality.

CONDITIONS OF LABOR

Sweden rigorously upholds international standards regarding
working conditions, child labor, and occupational safety and
health. At each work site there is a designated ombudsman to
monitor observance of these regulations. Full-time employment
is permitted beginning at age 16, but those under age 18 may
work only during daytime and under a foreman's supervision.
Those age 13 can be hired for part-time work or light summer
job work for periods of 5 days or less. There have been no
reported abuses of these rules.

1034

SWITZERLAND

Switzerland is a constitutional democracy with a federal
structure. Federal legislative power is vested in a bicameral
legislature elected by universal suffrage every 4 years. The
Constitution guarantees all basic freedoms. Initiative and
referendum procedures provide avenues for significant changes
in policy through direct action. Despite linguistic and
religious diversity, Switzerland has developed a political
system based on national consensus.

Individual cantons have considerable autonomy. They are
directly involved in many human rights matters, subject to
limitations established by Federal legislative and
constitutional guarantees. Persons contending that their
rights have been violated at cantonal level can seek redress
in Federal courts.

Switzerland traditionally serves as host for many
international organizations and conferences concerned with
humanitarian law and human rights, including the International
Labor Organization and the International Committee of the Red
Cross (ICRC).

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No such occurrences took place in Switzerland in 1986.

b. Disappearance

There were no reports of abduction, secret arrests, or
clandestine detention.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution provides freedom from all of the above, and
there were no allegations of any violations.

d. Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest, detention, or exile is
guaranteed by law. A detained person may not be held longer
than 24 hours without a warrant of arrest issued by the judge
conducting the preliminary investigation. A suspect must
immediately be shown the warrant and has the right to contact
legal counsel as soon as a warrant is issued. A suspect may
be detained with a warrant until the investigation is
completed, but the length of investigative detention is always
reviewed by higher judicial authority, and investigations are
typically completed qxiickly. Bail, or release on personal
recognizance, is granted unless the examining magistrate
believes the individual is a danger to society or will not
appear for trial.

There is no forced or compulsory labor in Switzerland.

e. Denial of Fair Public Trial

The Constitution guarantees public trials. Minor cases are
tried by a single judge, difficult cases by a panel of judges.

1035

SWITZERLAND

and murder or other serious crimes by a public jury. Even the
most serious cases are usually brought to trial within several
weeks or, at the most, a few months.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no allegations of violations of this nature by
Swiss authorities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There are no restrictions on freedom of speech and press
except in cases involving groups or associations considered a
potential threat to the State. No groups or associations are
so designated at the present time.

b. Freedom of Peaceful Assembly and Association

The only restriction on peaceful assembly and association is a
requirement to obtain permits from police authorities before
holding public meetings. These are rarely refused unless
authorities have reason to believe the meeting will lead to
violence. Public opinion and the media reacted strongly
against occasional past complaints of police overreaction when
demonstrations, generally involving youth, became violent.
Such incidents diminished in number and intensity during
1986.

Labor unions enjoy full freedom to organize, strike, and
influence political decisions. Swiss labor relations have
been characterized by industrial peace, and strikes and
similar labor unrest are practically unknown.

c. Freedom of Religion

Switzerland enjoys religious freedom. The legal requirement
for universal male military service provides no exemption for
conscientious objectors, who are nearly always convicted for
refusal to serve. Efforts to modify the Constitution to move
toward effective decriminalization of conscientious objectors
and to provide alternative service for those claiming exemption
for reasons of conscience have been unsuccessful to date,
although such efforts continue.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Swiss citizens have freedom to travel in or outside the
country and can emigrate without difficulty. Switzerland was
traditionally a haven for refugees, but concern over demands
upon public services by growing numbers of asylum-seekers has
tempered public support for continued liberal policies in this
regard. Situations involving economic migrants, e.g. Tamils
from Sri Lanka, led to reiteration of the policy that
applicants failing to meet criteria for political asylum are
required to depart Switzerland. In one case in 1986, a
Turkish national intercepted crossing the border illegally was
returned to Italy. The Swiss people remain generally willing
to assist political refugees, but Federal and cantonal actions
reflect the growing popular view that Switzerland should

1036

SWITZERLAND

adhere to a narrow definition of those entitled to such
assistance .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Switzerland is a highly developed constitutional democracy.
There is now universal adult suffrage in Federal elections.
Initiative and referendum procedures provide unusually intense
popular oversight of, and involvement in, the legislative
process through direct participation in government decisions
at Federal, cantonal, and local levels.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no requests during 1986 for outside investigations
of the human rights situation. Switzerland cooperates with
international and nongovernmental groups in all areas of human
rights. The ICRC is made up of Swiss nationals, and they play
prominent roles in other humanitarian nongovernmental
organizations .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The traditionally limited involvement of women in the
political and business worlds continues to expand slowly.
Twenty-five women (10 percent of the total membership) were
elected to the Federal Parliament in 1983; since 1984 a woman
has served on the 7-member Federal Council, the nation's
executive body.

One of the 26 cantons still excludes female suffrage at the
cantonal and local levels. Women are still subject to some
legal disabilities, are still typically paid less than men for
equal work, and remain underrepresented in senior positions in
industry, banking, and government.

Italian and Romansch linguistic minorities (respectively about
10 percent and 1 percent of the population) express concern
that the limited resources made available to them by the
Federal Government endanger the continued intellectual
vitality of these languages. Some argue that this amounts to
deprivation of freedom of speech. Recurrent complaints at
lack of an I tali an- language university were answered by the
announcement in 1985 of plans for a university-level technical
institute in Lugano which, however, would not grant degrees.

The Federal Government seeks through careful apportionment of
funds to ensure that all linguistic groups have commensurate
facilities and means to carry out cultural activities in their
own languages.

CONDITIONS OF LABOR

There is no national minimum wage. Industrial wages are
negotiated during collective bargaining between employer
associations and labor unions. The Labor Act sets maximum
hours of work at 45 hours for blue- and white-collar workers
in industry, offices, and retail trades, and 50 hours for all
other workers. Currently, the work week for blue-collar
workers in most industries is 43 hours, and for white-collar

1037

SWITZERLAND

workers between 40 and 43 hours. Overtime is restricted by
law to 220 hours annually.

The Labor Act and the Federal Code of Obligations contain
extensive regulations to protect the health and safety of
workers. Special provisions exist for female workers, who may
not be employed for dangerous work or, in most cases, at night.

About 15 percent of the Swiss population of 6.5 million is
made up of longtime foreign residents, that is, foreign
workers and families. Prompted by popular concerns that
attribute unemployment to foreign labor, the Government has
sought to limit the numbers of foreign workers entering
Switzerland or obtaining residence permits. Federal and
cantonal authorities have made efforts to integrate foreign
workers and their families into social services programs,
although there has also been some popular resentment at
additional facilities provided to such foreign workers.

The minimum age for the employment of children is 15 years.
Children over age 13 may be employed for light duties (e.g.
helping in retail stores), for not more than 9 hours per week
during the school year and 15 hours otherwise. Strict
regulations govern employment of young people between the ages
of 15 and 20; for example, they may not work at night or on
Sundays, or under hazardous or dangerous conditions.

1038

TURKEY

Turkey is a republic based on a multiparty parliamentary
system and a strong presidency. Elections for public office
are based on universal suffrage. Twelve parties competed
freely in byelections held on September 28, 1986, in which the
ruling Motherland Party won 6 of the 11 seats contested.
General elections with full participation of all recognized
political parties are scheduled for no later than November
1988.

The Turkish National Police (TNP) are responsible for
maintaining public order in the country, except in martial law
areas. In those areas, military authorities oversee security
through the gendarmerie, which also functions as the police in
rural areas. At the end of 1986, 5 of 67 provinces, all in
the southeast where government forces have faced an armed
insurgency by Kurdish separatist since August 1984, remained
under martial law. In addition, eight provinces (Istanbul
plus seven provinces in the southeast) remain under a state of
emergency, which empowers their governors to exercise some of
the powers of martial law commanders.

The end of martial law in November 1985 in Istanbul and Ankara
removed a major restraint on freedom of the press, which is
now free to publish almost anything.

Turkey is moving from a closed economy dominated by the state
sector to a free market, export-oriented economy. Although
the rates of inflation and unemployment are still high, the
economy under the Government's structural adjustment program
has made substantial advances.

The Constitution of 1982 and subsequent legislation place
restrictions on the formation and activities of associations
and unions, and on organic links between such organizations
and political parties. There are no restrictions on the right
of Turkish citizens to own property. The Constitution regards
all citizens as Turks. Except for the special status granted
to non-Muslim minorities by the Lausanne Treaty (1923), Turkey
does not legally recognize the separate development of ethnic
minorities .

In general, the positive trend in the observance of human
rights continued in 1986. The Government made considerable
progress in reducing human rights abuses, although significant
shortcomings are still evident.

The judiciary has continued to demonstrate its independence.
With two major exceptions, the mass trials of recent years
were concluded, mostly with acquittals. Several trials
initiated in 1986 against critics of the State were either
dismissed or ended in acquittals.

High government officials have denied that torture is a
serious problem in Turkey. With the return of democratic
government, however, and the lifting of restrictions on the
press, allegations of police brutality have been increasingly
publicized, and the Government has taken swift action to
prosecute the perpetrators. In addition, members of
Parliament and the press have raised questions concerning
repressive activities by security forces combating the armed
Kurdish separatist insurgency in southeast Turkey. A number
of reports, some of them medically documented, noted the
police use of torture, usually during initial periods of

1039

TURKEY

incommunicado detention. A draft law aimed at eliminating
these abuses by recpairing the presence of a lawyer during
interrogation was defeated in Parliament in 1986.

In October the recently-appointed Minister of Justice
condemned torture as a crime against humanity. Penalties for
practicing torture remain low, with death by torture
considered involuntary manslaughter (Turkish Criminal Code
Article 243). A bill to raise the penalties for torture was
defeated in Parliament in 1986. However, a revision of the
Turkish Criminal Code, which dates from the founding of the
Republic, is currently under way.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no accusations of politically motivated killings by
government forces in 1986. In September 21 persons died in a
terrorist attack on the Neve Shalom synagogue in Istanbul.
Arab terrorists are believed responsible for the attack.

Numerous clashes between separatist Kurdish guerrillas and
government forces resulted in the deaths of about 17 Turkish
military and security personnel and an unknown number of
guerrillas and civilians in 1986.

The Turkish General Staff (TGS) describes the insurgents as
proponents of an independent Kurdish state, which would
incorporate parts of present-day Turkey, Iran, and Iraq. Drug
smugglers, Armenian terrorists, and Kurdish guerrillas
operating from bases in Iraq, Iran, and Syria are all involved
in the incidents, according to the TGS.

b. Disappearance

There were no known disappearances caused by either the
Government or opposition groups.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution states that "no one shall be subjected to
torture or ill-treatment incompatible with human dignity."
However, the treatment of prisoners, especially during the
initial pretrial period, remained an unresolved human rights
issue. Politicians, the press, and outside monitoring groups
alleged that prisoners were subject to torture and mistreatment
in prisons and detention houses. Although many allegations
concern treatment that could be defined as police brutality,
i.e., they involved beatings by police officials aimed at
intimidating a suspect or prisoner or resulted from personal
animosity, in other cases the treatment clearly appears
serious enough to have risen to the level of torture. Many
allegations were documented by medical evidence. In a
February 1986 interim report and in its October 1986 World
Report, Amnesty International reiterated its charges that
torture is "widespread and systematic" in Turkey.

With the return of full political democracy and a free press
to Turkey, allegations of torture received wide publicity.

1040

TURKEY

The Government has responded with prompt action to suspend the
alleged offenders and investigate the circumstances of each
case. In an interview, the Minister of Justice said 1,459
persons accused of torture were prosecuted in 1986. Of these,
100 were convicted, and many cases are continuing. At the
same time, the Government frequently stated that alleging
torture had become a standard defense in all types of criminal
cases .

High government officials have criticized those who allege
torture, charging that such allegations are political
propaganda intended to destroy Turkey's international
reputation. Although generally agreeing with these judgments,
the newly appointed Justice Minister, in his first statement
after assuming office, pointed out that torture certainly
exists in Turkey, inasmuch as over 500 officials had been
convicted of it. He went on to condemn torture and to express
the Government's intention to eradicate it by prompt and
severe punishment of offenders.

Punishment for torture may change with the adoption of a new
criminal code now being drafted. Currently, the Criminal
Code, which dates from the 1920 's, categorizes murder by
torture as unintentional manslaughter, which is normally
penalized by 8 years' imprisonment. Penalties for torture
which does not result in death are less severe, ranging from 3
to 5 years. In 1986 the Parliament defeated a bill, which was
opposed by the Government, proposing the increase of this
penalty to a range from 5 to 10 years.

Many Turks link the mistreatment of prisoners to widespread
public acceptance of the notion that the police should enforce
public order by whatever means are necessary. Other
contributory factors include the generally low educational
level of police personnel and the lack of adec[uate training.
The Government has publicly recognized the latter problem by
taking steps to upgrade the police force, requiring secondary
level education for new recruits, and organizing special
courses to instruct policemen as to their responsibilities and
the limits on their powers under the law.

Prison conditions continued to be an issue of concern in
Parliament and among nongovernmental bodies such as the Bar
Association, members of which sent a petition to the
Government in April requesting improvements. In February
Adana prison experienced a 23-day hunger strike for better
conditions. Government officials charge that this strike was
politically motivated and directed from outside. There is
general agreement, though, that conditions in prisons have
improved as a result of the attention focused on this issue by
the Parliamentary Prison Commission, the press, and other
nongovernmental groups.

d. Arbitrary Arrest, Detention, or Exile

The Constitution requires a warrant from the public prosecutor
for any detention, except in certain limited circumstances,
e.g., when a person is caught redhanded. The arrest warrant
itself is issued by a judge after a hearing. Persons taken
into custody may be held incommunicado without charge by the
police or public prosecutor for up to 24 hours, according to
the Police Powers Act of 1985, which reduced the period from
48 hours. If the police obtain a court order, however, the
period may be extended to 15 days. Detention without charge
is 15 days in cases of "offenses committed collectively."

1041

TURKEY

In the 5 provinces under martial law and the 8 under
state-of-emergency rule, an individual may be detained without
charge for up to 30 days. Martial law authorities do not need
warrants to detain suspects. Martial law commanders, subject
to prescribed judicial procedures, may impose internal exile
for up to 5 years on persons believed to be acting against
"general security and public order." No such sentences were
imposed in 1986.

Once taken formally into custody to face charges, a detainee
appears first before a public prosecutor, who informs him of
the suspicions or charges which led to his detention. If the
prosecutor decides to pursue the case, the detainee is
arraigned before a judge and allowed to retain a lawyer. The
judge decides whether to have the accused held in detention or
to permit provisional release during the pretrial investigative
period.

In all cases the authorities may hold a detainee incommunicado
within the prescribed time limits until he is charged or
released. According to the Police Powers Act, a detainee's
next of kin must be notified "in the shortest time," except in
cases where secrecy is deemed necessary, such as when others
are believed to be involved in a given crime. A detainee may
not have access to a lawyer until he is brought before a
judge. Parliament in 1986 defeated a bill requiring that all
arrested persons be given immediate access to a lawyer.
Similar proposals put forward by the Turkish Bar Association
and others are now being considered by the committee reviewing
the criminal code.

The system of justice includes a bail system in which the
arraigning judge may release the accused on presentation of an
appropriate guarantee, or order him held in preventive
detention if the court determines that he may flee or destroy
evidence. The Constitution includes the right of detainees to
request speedy conclusion of arraignment and trial, and
release "if the restriction placed upon them is not lawful."

Turkish judicial authorities, under both civil and martial
law, have the power to impose sentences of internal exile.
Internal exile is provided for in the Execution of Sentences
Act of 1986, but the number of convicts, if any, on whom this
was actually imposed after sentencing is unknown. An Armenian
priest sentenced to internal exile upon his release from
prison in May 1986 is still residing in Istanbul, pending a
high court decision on his appeal of the sentence.

The Constitution prohibits forced labor, and it does not occur
in practice.

e. Denial of Fair Public Trial

In most cases, defendants have the right to an open trial,
which may be attended by family members and lawyers. Members
of the public and press are also usually free to attend. In
some trials, particularly those held in military prisons or on
military compounds, members of the public must seek permission
to attend. The authorities usually grant such permission. In
October the defense in a torture trial succeeded in having the
judge changed after an argument arising from his ban on public
attendance at the trial.

The Constitution accords a defendant the right to retain the
lawyer of his choice. However, in certain trials stemming

1042

TURKEY

from the Kurdish insurgency in the southeast, defendants who
cannot speak Turkish reportedly have difficulty in
communicating with their lawyers, as they are forbidden from
using any language except Turkish with visitors. There are
also reports that lawyers in these trials have experienced
some harassment .

Although Turkey is predominantly Muslim, its court system and
judicial procedures are modeled on the Italian (criminal) and
Swiss (civil) law codes. There are no Shari'a (Islamic) or
other religious courts.

The Constitution declares that "judges shall be independent in
the discharge of their duties" and provides for their secure
tenure. It also states that no authority may give orders or
recommendations to judges concerning the exercise of judicial
power. Public prosecutors are also independent, and, although
they may be ordered to begin prosecutions, they decide
thereafter whether to pursue them. For example, on September
23, 1986, the prosecutor in former Prime Minister Bulent
Ecevit's trial on charges of violating a ban on his political
activity requested a verdict of acquittal, which was granted
by the judge. The Supreme Council of Judges and Public
Prosecutors, appointed by the President and including the
Minister of Justice, selects judges and prosecutors for the
higher courts and oversees those of the lower courts.

In provinces under martial law, all defendants accused of
terrorism or other offenses against the security of the State
are tried in military courts. Martial law judges normally
have law degrees and observe the same standards as criminal
judges. They may not be transferred at the discretion of
military commanders. In provinces under a state of emergency,
civilian courts try cases.

Civilian and military courts generally conduct trials under
the same rules of procedure, based on the Constitution or
martial law regulations, respectively. A conviction or
acquittal in either system may be appealed to the appropriate
civilian or military appeals court. If an appeals court
overturns a lower court's guilty verdict, the case is sent
back to the lower court for reconsideration. If the lower
court insists on its original verdict, the case is returned to
the Joint Council of the Appeals Court for a binding verdict.
In some cases, particularly capital cases, appeals are
automatic to the Supreme Court or to the High Court of
Military Appeals. If a death sentence is confirmed by the
appeals court, it must be approved by the Council of
Ministers, then by Parliament, and finally by the President.
By October 1986, nearly 1,000 death sentences were awaiting
the Council of Ministers' review, and 105 review by
Parliament. Parliament has not approved any death sentences
since 1984 .

A limited number of special trials, such as the trial of over
1,400 leaders of the Confederation of Revolutionary Trade
Unions (DISK) and those in the first Peace Association case,
have continued for up to 5 years. In December the court
reached a verdict in the DISK trial, which both the defendants
and prosecution plan to appeal. The court found 264
defendants guilty and sentenced them from 1 to 10 years in
prison. Another 1,169 defendants were found innocent, 29
cases were transferred to other courts, and 15 cases were
dropped. The court also ordered DISK and all but two of its
affiliated unions closed permanently. The DISK defendants

1043

TURKEY

(except for a few serving sentences as a result of conviction
on other charges) and all of the Peace Association defendants
remain free on bail. Under the "Execution of Sentences Act"
of 1986, which reduces sentences to be served to one-half the
imposed time, most or all of these defendants, even if found
guilty, will have already served out their sentences.

Estimates of the number of political prisoners held in
Turkey's jails vary greatly depending on the source and the
source's definition of political prisoner. The Turkish press
in 1985, the most recent year for which figures were
available, listed about 3,600 persons convicted of crimes
against the security of the State, crimes against security
forces, or for belonging to armed organizations. Of this
number, 1,700 were convicted of crimes of violence. Several
thousand other people were incarcerated while under
investigation or undergoing trial for similar offenses. An
opposition spokesman recently claimed that in Turkey there
were 10,000 prisoners convicted of "thought crimes."

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution guarantees the inviolability of a person's
domicile and the privacy of correspondence and communication.
Entry by government officials into a private residence and
interception or monitoring of private correspondence are
permitted only upon issuance of a judicial warrant.

In the five provinces still under martial law, the authorities
have the legal power "without need of a warrant, application
or request ... to search residences, or buildings of all
societies, associations, political parties, unions, clubs,
business locations, or offices belonging to or occupied by
juridical as well as private bodies." They may also search,
hold, or seize without warrant persons, letters, telegrams,
and documents. There is no evidence that this power is widely
used or abused.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The end of martial law in November 1985 in Istanbul and Ankara
removed a major restraint on freedom of the press, which is
now free to publish almost anything. The Criminal Code,
however, continues to prohibit the advocacy of class or racial
domination (communism) or the establishment of a theocratic
state (Islamic fundamentalism) or of a separate state on
ethnic lines (Kurdish separatism) . Trials of persons
expressing such views take place in one of eight state
security courts which deal only with such cases.

In addition, in response to the increasing publication of
photographs of naked women in the sensationalist popular
press. Parliament in March 1986 adopted the "Protection Of
Minors From Harmful Publications Act." This act established a
board which reviews publications against which a complaint is
brought. The board cannot prevent publication but can demand
that a publication be sold only in an opaque plastic bag. It
can also censor movies and videotapes. This law, however, has
been challenged, and the Constitutional Court has agreed to
review its constitutionality.

1044

TURKEY

The National Security Council, which ruled until the
resumption of civilian rule in 1983, promulgated a law shortly
before its dissolution banning all criticism of the decrees,
communiques, and actions of that body and its members. The
same law also proscribed all statements praising or condemning
leaders of banned (pre-1980) political parties. However, all
prosecutions under this law have thus far resulted in
acquittals. In 1986 Ilhan Selcuk and Okay Gonensin, the
editors of the leftist daily Cumhuriyet, were prosecuted and
acquitted for criticizing the President and the military
intervention of September 1980 in a column. The editors of
the English- language Turkish Daily News faced a similar charge
and were also acquitted. Social Democratic Populist Party
Central Committee member Muzaffar Sarac was acquitted in
October 1986 of charges stemming from a speech he gave in
Ireland almost a year before. As "banned" political leaders
play an increasingly open role in today's politics, the
proscription against praising or condemning them has come to
be totally ignored.

Writers are still being prosecuted for writing allegedly
pro-Communist propaganda or violating secularist principles.
Professor Yalcin Kucuk is facing his fourth retrial on charges
that his book, "Toward a New Republic," is Communist
propaganda, and Ali Riza Demircan was prosecuted for his book
"Sexual Life According to Islam;" neither was imprisoned.
Trials of several others continue, and new cases are opened
regularly.

The newspaper Hurriyet reported that a publisher, Recep
Marasli, was sentenced to 27 years' imprisonment on charges of
separatist and Communist propaganda and belonging to an
illegal Kurdish separatist organization. Amnesty
International wrote to the Turkish Foreign Minister about this
case. The Undersecretary of the Justice Ministry, responding
that Amnesty International could not interfere in Turkey's
internal affairs, noted a "difference in opinion" in the
matter, in which "what we define as a crime in action is
interpreted by Amnesty International as a thought crime."
Amnesty International has expressed concern about several
hundred prisoners whom it termed "prisoners of conscience"
convicted of such offenses as "membership in illegal
organizations" or "making Communist propaganda."

The press in Turkey is privately owned and reflects a wide
range of political views. Turkish Radio and Television (TRT)
is a government monopoly. A significant change in its
programing came about in 1986. In previous years, TRT devoted
the largest portion of its news coverage to the activities of
the President, Prime Minister, and other government
officials. In 1986 TRT covered the activities of opposition
politicians to a significant extent in its news programs and
sometimes made them the lead story. Prior to the September
28, 1986, byelections, all 12 political parties received full
coverage. Even "banned" political leaders such as former
Prime Ministers Suleyman Demirel and Bulent Ecevit were shown
on television, though not in political capacities. There are
widespread allegations — which TRT ' s director denied in a press
interview — that certain artists and works are banned from
radio and television due to either political or cultural
considerations .

1045

TURKEY

b. Freedom of Peaceful Assembly and Association

Peaceful assemblies are permitted with prior permission from
the authorities. Such requests are generally granted.
According to current regulations, marching routes, rally
areas, crowd dispersion routes, and poster hanging locations
are to be fixed for each city every January.

The Law on Associations, which reflected government concern
over the involvement of some associations in the political
violence preceding the military intervention of 1980,
prohibits associations from having any ties to political
parties or engaging in political activity. For example, seven
members of the Medical Association who circulated a petition
against the death penalty were tried on charges that their
petition violated the ban on political activity by
associations .

Association activity is closely monitored by the Government.
All associations are recjuired to have an annual general
meeting, which is attended by officials of the provincial
governor's security staff. They must certify that all
regulations have been complied with, or the association can be
closed. Associations must submit their charters for the
approval of government authorities before they are allowed to
form. Turkey's Human Rights Association, formed in July, is
still awaiting permission to operate as a legal association.

The Constitution and Political Parties Law prohibit students
and faculty members from becoming members of political parties
or involved in political activities. Thus faculty or student
political associations of any type are banned, and political
parties are forbidden to form youth branches. Permission of a
university's rector is required for any student to join any
association .

Some faculty members who were dismissed when martial law was
in effect have petitioned for reinstatement. Some of those
fired by the Higher Education Council, which controls the
universities, won their suits, though none has yet been
reinstated. Those fired by martial law authorities are banned
from any public sector employment, and many are challenging
the constitutionality of Martial Law No. 1402, which gave
martial law authorities the power to fire them.

Those unions and confederations set up under the provisions of
the 1983 Labor Law have been allowed to organize workplaces
freely and to engage in collective bargaining. Although only
a small percentage of Turkey's total work force of some 16
million is organized, over 60 percent of industrialized
workers are union members covered by collective bargaining
agreements. As a result, unions have a significant impact on
the economy, especially on its work rules and wage structure.
The 1983 Collective Bargaining, Strike, and Lock-out Law
strictly regulates the bargaining process and makes strikes
outside the collective bargaining process (general strikes,
political strikes, and solidarity strikes) illegal. Unions
are able to represent their members, engage in collective
bargaining, and are responsive to their members' interests.

A recent court decision ordered the permanent closing of DISK
(Confederation of Revolutionary Trade Unions), whose
activities were suspended under martial law following the 1980
military takeover and whose leaders have been on trial since
December 24, 1981. The verdict in the trial is being

1046

TURKEY

appealed. The DISK leaders were charged with "trying to
change the form of government" and with "interfering with the
work of the Parliament." Some defendants are charged with
culpability in acts of violence. All defendants (except two
convicted of other crimes) remain free on their own
recognizance, but the organization and its funds remain under
the control of court-appointed trustees. At least two unions
affiliated with Turk-Is have called on the Government to allow
DISK unions to resume their activities.

Political activity by trade unions is banned by the
Constitution, the Law on Associations, and the Trade Union
Law. Thus unions can neither endorse candidates and parties
nor make contributions to their campaigns. Trade union
activity in defense of workers' social and economic interests,
however, is not regarded as political activity. The unions
have taken advantage of that distinction to mount strenuous
public campaigns against various government policies and to
lobby government and opposition parliamentarians in support of
labor positions. These campaigns included an effort in
January to persuade the Parliament to bring the laws
restricting union activity into harmony with the relevant
International Labor Organization (ILO) conventions.
Byelection activities in September peaked in an election eve
press conference in which the Turk-Is President called workers
to vote against the governing party. In October he sharply
criticized restrictions imposed on the activities of a major
opposition party.

Turkish government, union, and employer representatives
participate fully in the activities of the ILO. The main
confederation, Turk-Is, is an affiliate of the International
Confederation of Free Trade Unions (ICFTU), and most Turk-Is
member unions are affiliated with their respective
international trade secretariats.

Both the ILO and the ICFTU have closely monitored the
situation of organized labor in Turkey since the military
intervention of September 12, 1980. ILO reports have noted
the increased cooperation the organization has received from
the Government as well as improvement on outstanding issues.
However, the ongoing DISK trial remains a major concern, as do
some restrictions on trade unions (for example, on political
activities). The ICFTU has followed the DISK trial closely,
although DISK is not an ICFTU affiliate, and has urged the
Government to amend its labor laws and Constitution along the
lines urged by Turkey's largest union confederation, the
ICFTU-af filiated Turk-Is.

c. Freedom of Religion

The majority of Turks are Sunni Muslims. There are also an
eclectic minority "Alevi" group made up of adherents to
different varieties of Shi 'ism, various small Christian
religious groups, and a small Jewish community.

Turkish governments since the founding of the Republic have
regarded the principle of secular government as an essential
attribute of a modern. Western-style democratic system, and
the Constitution proclaims secularism to be a basic
characteristic of the State. Many observers have noted the
increased visibility of Islamic religious observance and piety
in recent years. But stringent constitutional and legal
restrictions hinder the efforts of a small minority of Muslim

1047

TURKEY

fundamentalists who advocate the establishment of a state with
a Shari'a legal system.

The Constitution stipulates that "everyone has the right to
freedom of conscience, religious belief, and conviction."
Constitutional and legal restrictions aimed at protecting the
principle of secularism and separation of church and state
limit that right significantly. As a result of the Kurdish
rebellion of 1925, led by a sheikh of the Nakshibendi mystical
sect, all such religious orders were banned. They continue to
exist, however, and the press frequently comments on their
activities. Numerous Islamic religious teachers connected
either openly or by repute with the Nakshibendi order in
Istanbul have been prosecuted for advocating a theocratic
state. In late 1986, one of them, Adnan Hoca, was under
psychiatric observation by court order. He, too, was charged
with advocating a theocratic state.

The Political Parties Law prohibits the establishment of any
political party advocating theocracy or the foundation of law
and government, even partially, on religious principles.
However, after the September 1985 acquittal on appeal of
several leaders of the former National Salvation Party (NSP),
which was considered a "religious ' party, the party sued and
won, in October 1986, the lifting of the constitutional
10-year ban on its leaders' activities. The successor to the
NSP, the Refah (Affluence) Party, is legal and campaigned in
the September byelections with the open participation of
former NSP leaders but won only 5.5 percent of the vote.

The Criminal Code forbids proselytizing by any person or
group. Twenty-three Turkish Jehovah's Witnesses were
acquitted on appeal in June 1986. In its decision, the court
defended the constitutional right to freedom of religion,
stating that "every Turkish citizen has the right to freedom
of religion and conscience, and is free to choose his faith
and perform its acts of worship."

In December 1985, Istanbul police sequestered Bibles and other
publications in Turkish of the Turkish Bible Society. In
March 1986, after the personal intervention of the Prime
Minister, the Cabinet canceled its restrictions on importing
and distributing biblical texts, and circulation of Bibles now
proceeds unhindered.

Under the Constitution, "instruction in religious culture and
moral education," in accord with a state-prepared curriculum,
is compulsory for all students. During the 1985-86 school
year, Assyrian Christians in the southeast complained that
their children were being forced to attend Islamic
instruction. In 1986 Christians in Iskenderun made the same
complaint, and in October the Education Ministry issued a
statement confirming that non-Muslims would have to attend
religious instruction classes but would be excused from the
"practical" sections, which include memorization of Koranic
verses and instructions in prayer. The courses — about 2 hours
per week — are taught by lay teachers. Extracurricular Koran
courses using government-approved texts are permitted. The
Government has closed Koran courses run by fundamentalist
sects teaching a more radical brand of Islam.

Among other religious groups, small numbers of Armenian
Orthodox and Armenian Catholic, Greek Orthodox and Greek
Catholic, Bulgarian Orthodox, Roman Catholic, Syrian and
Assyrian Christian, Protestants, and Jewish believers are

66-986 0-87-34

1048

TURKEY

found in Turkey, primarily in Istanbul. These groups operate
churches, monasteries, synagogues, schools, and charitable
religious foundations such as hospitals and orphanages.
Guarantees of minority rights, beyond those enshrined in the
Constitution, are included in the Treaty of Lausanne, which
provides that non-Muslim minority communities may have their
children taught in their own language.

In 1986 the Government took significant steps to resolve
several issues of major concern to non-Muslim groups. There
are many reports that the Greek Orthodox Patriarchate will
soon obtain permission to rebuild its administration building,
destroyed by fire in 1941; the Patriarchate has been seeking
permission to rebuild for over 40 years. The resolution of
the Bible Society case and the release in 1985 of an Armenian
priest convicted of sedition in 1983 were other positive steps
in government relations with non-Muslim minorities.

Liturgical use by non-Muslims of languages other than Turkish,
such as Greek, Armenian, Hebrew, and Arabic is allowed but
continues to decline.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There is general freedom of movement within Turkey, except in
the five provinces under martial law where authorities have
the seldom-used power to restrict movement. Martial law
authorities may expel "persons whose presence in the martial
law area is determined to be prejudicial," or restrict and
prohibit their residence in, or entry into, certain areas
under martial law. Some border areas are off-limits to
foreigners without specific permission to visit them.

Turks generally are free to travel abroad, and increasing
numbers have done so since the relaxation of currency
controls. According to the Constitution, however, a citizen's
freedom to leave may be restricted on account of the national
economic situation, civic obligations (generally military
service), or criminal investigation or prosecution. Many
Turks currently involved in mass trials are denied passports,
and there is evidence that other citizens not under indictment
are denied passports for political reasons. Turkish law
provides that those denied passports while under indictment
may receive passports if the Justice Ministry and Prime
Ministry approve their petitions citing emergency reasons for
foreign travel. Recently, Turkey's leading humorist, Aziz
Nesin, who is a defendant in the Peace Association Case, was
granted a limited-use passport to travel to the United Kingdom
to participate in a conference.

Turkish law guarantees citizens protection against deportation,
extradition, or denial of reentry. The Constitution guarantees
the rights of Turks and their families living abroad to return
home. Under provisions of the Turkish citizenship law,
however, the Government may deprive of citizenship those Turks
who have refused to return to Turkey to face criminal charges
or who it determines have expatriated themselves.

Turkey has permanently resettled about 4,500 Afghan refugees
of Turkic ethnicity in recent years, and provides a temporary
haven for East European refugees in two temporary settlement
facilities. While the Government does not grant refugee
status to Iranians, it asserts that it does not deport to Iran
those who have entered Turkey illegally or have overstayed

1049

TURKEY

their permitted time. In consequence, large numbers of
Iranians are now living in Turkey, many of them in Istanbul
and other large cities.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Turkey has a multiparty, presidential parliamentary system.
The president is elected by Parliament for a single 7-year
term. The current President, whose election was automatic
with the approval of Turkey's new Constitution in the 1982
referendum, is retired General Kenan Evren, former Chief of
the Turkish General Staff and head of the National Security
Council which governed Turkey during the period of military
rule (1980-83) .

The unicameral Parliament has 400 seats elected on a
proportional basis. The Election Law requires that a party
win at least 10 percent of the total national vote in order to
obtain seats in Parliament. The 10 percent threshold is
intended to prevent political fragmentation and the recurrence
of the parliamentary paralysis of the late 1970 's.

Parties advocating certain beliefs are restricted from
operating in the political arena. These include parties
advocating a theocratic state, the superiority or dictatorship
of a particular social class or group, or "exclusive" or
"elitist" political philosophies. No party may be formed
around a particular ethnic or cultural group. Among the
prohibited political groupings are Communist or other Marxist
parties, which are based on class, and Fascist "elitist"
parties. All of these are regarded as inimical to a
Western-style democratic society and threatening to Turkey's
fundamental integrity. People considered Fascists or
Communists by the authorities are banned from membership in
any party. Other groups permanently banned from joining or
actively participating in political parties include active
members of the armed forces and certain categories of civil
servants — a prohibition based on the pre-1980 politicization
of government and security structures.

The Constitution guarantees equal political rights for men and
women. Turkey was one of the first countries to grant women
full and equal political rights. There are 12 women members
of Parliament, and several women hold important positions in
the party hierarchies, although the 23-member cabinet has no
women members at present.

Members of minorities, Muslim and non-Muslim, face no legal
limitations on political participation as long as they accept
a Turkish national identity. Kurds who accept such an
identity play a sizable role in Turkish political life, and
some of them are members of the Turkish Parliament.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigations of Alleged Violations
of Human Rights

The Government permitted visits by foreigners to discuss human
rights in Turkey during 1986, and, in most cases, facilitated
contacts with both official and nonofficial visitors.
Visitors in 1986 included a delegation from the European
Helsinki Watch Commission, the German Social Democratic Party,
a British-led Quaker group, and the U.S. Assistant Secretary
of State for Human Rights and Humanitarian Affairs. Amnesty

1050

TURKEY

International sent no official request for a visit to Turkey
in 1986.

The ILO did not place the situation in Turkey on its agenda in
1986, given Turkish government commitments to expand labor
rights. The Council of Europe removed Turkey from its human
rights agenda after a friendly settlement in December 1985 of
the five-nation complaint against Turkey in the European Human
Rights Commission. As part of that settlement, Turkey
undertook to provide regular confidential reports and permit
site visits, which it has done.

In July 1986, a nongovernmental Human Rights Association was
provisionally formed. In accordance with the Law on
Associations, it submitted its charter to the Government for
approval . The Government did not approve it on the grounds
that the areas of the Association's interest were more
properly the concern of the Government. Nevertheless, the
group operates legally pending resubmission of its charter and
has held public meetings where human rights were discussed.
The Social Democratic Populist Party also has a human rights
committee, which is currently preparing a report on the rights
situation in Turkey.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution regards all Turkish citizens as Turks and
prohibits any discrimination on ethnic grounds. In the
Lausanne Treaty, the Turkish Government undertook "to assure
full and complete protection of life and liberty to all
inhabitants of Turkey without distinction of birth,
nationality, language, race, or religion." At the same time,
it has been the policy of Turkish governments for many years
to seek assimilation of individuals of non-Turkish ethnic
backgrounds into the mainstream of Turkish society and
culture, often to the point of forcefully discouraging
manifestations of ethnic difference. The size of these
communities has declined steadily over the years.

Non-Muslim minority groups continue to complain about
government policies and procedures regulating the operation of
community schools, the purchase and sale of community real
estate, the administration of church properties, and the
activities of parish councils. Government claims on property
endowed to charitable religious organizations also continue to
be a majoL concern.

The position of the members of the small Assyrian Christian
community, centered on the southeastern city of Mardin, has
become rather isolated, and many have chosen to move to
Istanbul or abroad.

Turkey's Kurds are concentrated in the economically
disadvantaged southeast. There are also significant
concentrations of Kurds elsewhere, the result of Ottoman
settlement policy and more recent migration to metropolitan
centers .

The Government is trying to quell an armed Kurdish insurgency
of guerrillas based in the southeast and in neighboring
countries. The five provinces remaining under martial law are
inhabited primarily by Kurds and are also the center of the
insurgency. Most government officials and many opposition
figures blame the Kurdish insurgency on outside influences and

1051

TURKEY

the depressed economic conditions of southeast Anatolia which
the Governinent is seeking to remedy through large-scale
economic development programs.

Kurds may be found in every area of Turkish life and at all
levels of society. But the Government remains adamantly
opposed to any assertion of a Kurdish ethnic identity and has
taken a number of steps to suppress it. Publication of books,
newspapers, and any other materials in Kurdish is forbidden,
as are books or any other materials in Turkish dealing with
Kurdish history, culture, or ethnic identity. Use of the
Kurdish language is not permitted for any official purposes,
e.g., in the courts, nor is it allowed in certain private
situations such as receiving visitors in prison.

Turkey has long been in the forefront of nations in the
promotion and protection of women's rights. Women have full
suffrage and educational rights, have attained high office,
and are represented, though not always in significant numbers,
in all professions and institutions. Women have served or are
currently employed at the rank of university rector and dean,
ambassador, political party vice president, and army colonel.
Turkish businesswomen play significant roles in many
industries, and a few sit on the boards of some of Turkey's
largest private firms. Female lawyers and judges are no
rarity, and female doctors are dominant in some specialties.

Nonetheless, the role of women in smaller communities and
rural areas, especially in the east — and increasingly in the
urban communities inhabited by migrants from the villages — is
still defined by centuries of traditional practice which is
patriarchal and dictates the subordination of females to males
within the family unit. Many women and girls in the east are
partially or fully veiled, and certain religious sects, now
common in cities, also practice the veiling of women.
Prevailing social or cultural values make it difficult for
some women to receive primary or secondary education or to
pursue careers outside the home.

The right of indigenous minority groups to use their own
languages is limited. Although the Lausanne Treaty states
that "no restrictions shall be imposed on the free use by any
Turkish national of any language in private intercourse, in
commerce, religion, in the press, or in publications of any
kind or at public meetings," the Constitution states that the
official language of the country is Turkish. One article of
the Constitution bans discrimination on the basis of language,
while others prohibit the public use of "languages prohibited
by law." Legislation prohibiting specific languages has never
been adopted, but Turkish citizens have been tried on a
variety of charges relating to the use of Kurdish. In 1986
provincial officials of the main opposition party were tried
on charges that their use of Kurdish at party headquarters
constituted "propaganda denigrating national sentiment." They
were acquitted. Also acquitted were officials of the State
Statistical Institute, who prepared a handbook for census
officials, directing them to ask what languages aside from
Turkish the interviewees spoke. The charges stated that by
listing Kurdish alongside such "international" languages as
English, French, and Arabic, the handbook constituted
propaganda denigrating nationalist sentiment.

The Government has stated that the intent of its bans on
publishing in Kurdish (and its discouragement of languages
such as Georgian and Laz) is to foster Turkish as the language

1052

TURKEY

of all citizens for all uses. This is part of an effort to
inculcate in all Turkish citizens a sense of identity with the
Turkish State and nation as opposed to identification with any
particular groups within the nation. In practice, the
severity of restrictions on the use of a minority language
appears to depend on the perceived threat the group in
question presents to the integrity of the State. For example,
while the Government faces an armed Kurdish insurgency and
therefore believes the use of Kurdish fosters separatist
tendencies, the use of Arabic, about which there are no such
concerns, is not similarly restricted.

CONDITIONS OF LABOR

The Constitution guarantees the right to reasonable conditions
of labor suited to the worker's age, sex, and capacity, and
grants the right to rest and leisure and a fair wage. The
Labor Law forbids the employment of children under 13 years of
age and restricts children under 15 to "light work which will
not harm their health and physical development, prevent their
attendance at occupational training and orientation programs,
or their ability to benefit from education." Children between
15 and 18 years of age may not be employed in underground or
underwater work, nor may they be employed at night. Girls and
women may not be employed in underground or underwater work,
but, if over the age of 18, may work night shifts under
conditions specified jointly by the Ministry of Health and
Social Welfare and the Ministry of Industry and Commerce. A
board composed of Government, private sector, and labor
representatives establishes national minimum wages for the
agricultural and nonagricultural sectors. The Labor Law
provides for a 7 1/2-hour day and a 45-hour workweek.

In spite of constitutional guarantees, specific legal
requirements, and labor union efforts, a considerable gap
remains between social goals and the reality of occupational
health and safety levels. Trade unions have repeatedly
complained that existing regulations governing health, safety,
and working conditions are not adequately enforced. Outside
the industrialized sector, where unions exercise considerable
influence, legal restrictions are generally ignored, both on
occupational health and safety and on child and female
employment .

1053

U.S.OVERSeiVS -LOANS AND GRANTS" OBLIGATIOMS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRr: TURKEY

1984

1985

1986

I.ECON

A. AID

(SE

3.F00

TITLE

REPA

PAY.

TITLE

E.RE

/DL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

'P. ASSIST.) ..,
R PEACE ,

S ,

3TAL

V) t-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV 5 WFP,
EF AGENCY....,
CON. ASSIST..,

CE CORPS,
COTICS..,
ER ,

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

ft. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.EO.TRNG. .
O.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS

139.5

175.9

119.6

63.5

85.0

0.0

76.3

90.9

119.6

138.5

175.0

119.6

63.5

85.0

0.0

75.0

90.0

119.6

138.5

1 75.0

119.6

O.D

0.0

.0.0

3.0

0.0

1.0

0.9

0.0

1.0

0.9

0.0

1.0

0.9

0.0

718.3

703.6

618.5

535.0

435.0

409.5

133.3

213.6

209.0

130.0

215.0

205.8

585.0

485.0

409.5

3.3

3.6

3.2

0.0

857.8

879.5

738.1

648.5

5 7 0.0

409.5

209.3

309.5

328.6

OTHER US LOANS....
EX-IM BANK LOANS.
ALL OTHER ,

70.5

0.0

70.5

15.0

0.0

15.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

945.2

706.9

1088.6

8303.9

IBRD

7^4.3

698.5

1357.0

6985.6

IFC

150.0

7.1

31.6

434.5

IDA

0.0

178.1

103

0.0

3.0

A03

3.0

Q.O

0.0

AFDB

3.0

0.0

.0.0

0.0

UNDP

0.9

1 .3

0.0

69.0

OTHER-UN

0.0

0.0'

0.0

11.7

ee:

3.0

0.0

625.0

1054

UNION OF SOVIET SOCIALIST REPUBLICS

According to the Soviet Constitution, the Soviet Union
(U.S.S.R.) is "a Socialist state of the whole people,
expressing the will and interests of the workers, peasants,
and intelligentsia, and the working people of all nations and
nationalities of the country." In fact, the U.S.S.R. is a
one-party dictatorship, dominated by the leadership of the
Communist Party. That leadership is a self -perpetuating elite
which, with the assistance of a powerful secret police
apparatus, attempts to direct all aspects of public life and
to prohibit the development of independent centers of
political or ideological influence.

The Committee for State Security (KGB), police authorities,
and prosecutors' offices are charged by the party leadership
with enforcing the population's compliance with policy
decisions, directives, and legislation. They do so by seeking
to intimidate dissenters and potential dissenters and, when
necessary, by meting out punishment, including long-term
imprisonment or exile.

The Constitution limits the exercise of basic civil and
political rights to activities which "strengthen and develop
the Socialist system" as defined by the party. These
limitations are reflected in legislation circumscribing
freedom of speech, assembly, association, and religion, and
providing criminal penalties for "anti-Soviet" behavior.

Those who attempt to exercise their rights face arrest, trial,
and imprisonment, or internment in a psychiatric hospital.
Human rights monitors, religious believers, peace activists,
and proponents of greater cultural and political rights for
ethnic minorities were all subjected to arrest and
imprisonment in 1986.

The December release of Andrey Sakharov and Yelena Bonner from
internal exile and the early releases from labor camp of
several other prominent dissidents were positive developments.
But the deaths of human rights advocates Anatoliy Marchenko
and Mark Morozov in Chistopol' prison underscored the
continuing perilous position of thousands of Soviet prisoners
of conscience.

Jewish, ethnic German, and Armenian emigration remained at
severely restricted levels, despite the desire of many
thousands to emigrate. Jewish emigration was the second
lowest in 20 years. Those few who were allowed to emigrate
during 1986 included a number of prominent "refuseniks" whose
applications had been pending for more than 10 years.

In early November, the Soviet authorities made public
regulations controlling the granting of exit permission to
Soviet citizens. In singling out family reunification as the
only legitimate ground for emigration, the regulations
violated the Soviet commitment to the Universal Declaration of
Human Rights, which was incorporated into the Helsinki Final
Act.

Soviet performance in resolving longstanding family
reunification cases was significantly better than in previous
years. Over 100 such cases, affecting the United States,
Canada, France, and Australia, were resolved in 1986 or were
in the process of being resolved.

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Abroad, the Soviet Union continues its occupation of
Afghanistan and its support of the Vietnamese occupation of
Cambodia which have resulted in widespread and egregious human
rights violations. There has been evidence in previous years
that the Soviet Union has been responsible for the use of
chemical warfare in Afghanistan, Laos, and Cambodia.

RESPECT FOR HUMAN RIGHTS.

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were occasional reports of the death under unusual
circumstances of people engaged in religious or political
dissent or members of their families. The possibility of
official involvement in such deaths, however, can neither be
substantiated nor investigated. Also, a number of political
prisoners and common criminals perish each year in prison and
forced labor camps because of the severe conditions:
beatings, strenuous physical labor, poor diet, extreme cold,
and lack of adequate medical care. It is impossible to
estimate the number of such deaths.

Mark Morozov, samizdat publisher and member of the unofficial
Free Inter-Professional Trade Union, reportedly died in
Chistopol ' Prison in August. He had suffered from heart
disease and rheumatoid arthritis. One of the pioneers of the
human rights movement, Anatoly Marchenko, died on an
undisclosed date in the same prison apparently following a
4-month hunger strike. Press reports stressed that his health
had already been ruined by long years of hard labor and
beatings in prison. His body was not released to his family.

Soviet law provides for the imposition of capital punishment
for a variety of offenses, including treason, but also for
some economic crimes (e.g., fraud, corruption) which are not
generally considered capital offenses outside the U.S.S.R.
There are no official statistics available regarding its
imposition, but official confirmations sometimes appear. In
August, for example, a former Uzbek Minister of the
Cotton-Ginning Industry, Vakhobzhan Usmanov, was sentenced to
death for corruption and fraud.

b. Disappearance

There have been no known instances of prolonged or permanent
disappearance in recent years. However, it is not unusual for
people to be arrested or confined in psychiatric facilities
without next of kin being notified. Concerned relatives are
expected to initiate an inquiry with the authorities to find
out if and when their family member was arrested, and where he
or she is being held.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

So many Soviet political prisoners suffer both mental and
physical abuse and mistreatment during interrogation, trial,
and confinement, according to a wide variety of sources, that
such treatment must be regarded as a systematic policy and
practice. Sources indicate that before trial, some defendants
have been threatened, humiliated, and beaten to force
confessions. Once convicted, prisoners find that the limited

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rights guaranteed them by prison or camp regulations — the
ability to receive packages, send letters, and see family — are
frequently and arbitrarily withdrawn. Life in prison is
marked by isolation, poor diet and malnutrition, compulsory
hard labor, beatings, frequent illness, and inadequate medical
care. Small infractions of camp rules can lead to weeks or
months in isolation cells or to extensions of the original
sentence. Camp authorities reportedly have occasionally
incited other inmates to beat a political prisoner, and then
charged and punished the victim for having caused the
disturbance. Attempts by prisoners to practice their religion
or to protest their treatment with hunger strikes also have
met with punishment.

In 1986 human rights activist Naum Yefremov was beaten
systematically by other prisoners in a labor camp near the
Tyumen region, according to reliable sources. In late 1985,
the psychiatrist and Helsinki psychiatric abuse monitor Dr.
Anatoliy Koryagin, now serving a 12-year sentence in
Chistopol ' Prison for "anti-Soviet agitation and propaganda,"
was placed in self-tightening handcuffs. He subsequently
spent large portions of December, January, February, and April
in a punishment cell for refusing to acknowledge his "guilt."
Prison authorities cancelled a scheduled January family visit
and denied his requests for medical treatment. In the
Siberian labor camp of Vidriro, medical treatment was withheld
for several weeks from Hebrew teacher Yuliy Edelshteyn after
he suffered a torn urethra and broken leg in a January 1986
fall. When he was finally taken to the hospital, doctors said
that the delay in treatment would probably result in a
permanent disability. Two ethnic Germans from Dushanbe
reportedly were severely beaten by Moscow police after
demonstrating in favor of their right to emigrate to the
Federal Republic of Germany. Both were then sentenced to 10
days of administrative detention.

Provisions in Soviet law for early release from prison for the
very ill are seldom used. At the time of release, many
prisoners have tuberculosis, heart disease, ulcers, arthritis,
pneumonia, meningitis, and vision and hearing problems. The
32-year old poetess Irina Ratushinskaya emerged from prison in
October weak from several hunger strikes and a beating.

The Government continues to place selected political and
religious activists in psychiatric hospitals where they are
often subjected to the painful, forced administration of
sedatives, antipsychotics, and other drugs. At the seventh
All-Union Congress of Neuropathologists and Psychiatrists in
1981, the Soviet Ministry of Health's chief neuropsychiatrist
stated that 1.2 percent of the patients in Moscow psychiatric
hospitals were there "in connection with visits to state
agencies to present groundless complaints and slanderous
statements." The Soviet Union withdrew from the World
Psychiatric Association in February 1983 rather than face
censure for Soviet psychiatric abuses.

Several demonstrators suffered psychiatric confinements in
1986. Russian "refusenik" Serafim Yevsyukov was detained in
July and placed in a psychiatric hospital for protesting the
second jailing of his son on the charge of draft evasion.
Nina Kovalenko, member of the unofficial "Group to Establish
Trust between the U.S.S.R. and U.S.A.," was arrested and
committed to Kashchenko psychiatric hospital twice in 1986,
both times after participating in the group's demonstrations.

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Her treatment consisted of the forced administration of
several antipsychotic drugs and sedatives, as well as
interrogations about her activities. In June two group
members from Gor'kiy were arrested and placed in a psychiatric
hospital for demonstrating in Red Square in support of their
right to emigrate. Moscow dissident artist Aleksandr Kalugin
spent 1 month in a psychiatric hospital in 1986 after being
stopped on the street during the "Good Will" games; drugs also
were forcibly administered to him. Other political victims of
psychiatric abuse remained in such facilities in 1986, many of
them in special psychiatric hospitals operated by the Ministry
of the Interior.

d. Arbitrary Arrest, Detention, or Exile

Government spokesmen insist that prosecution occurs only in
cases in which persons commit acts prohibited by law. But the
provisions of laws under which prosecutions have occurred
themselves violate internationally recognized human rights,
including freedom of expression and freedom of association.
Among these provisions are:

— Article 70, "Anti-Soviet agitation and propaganda,"
which carries a maximum penalty of 7 years' imprisonment and
up to an additional 5 years in internal exile.

— Article 190-1, "The dissemination of deliberately
hostile fabrications defaming the Soviet State and social
system." This article, introduced in 1965, carries a maximum
penalty of 3 years' imprisonment;

— Article 190-3, "The organization of, or active
participation in, a group actively violating public order,"
which carries a maximum penalty of 3 years' imprisonment.

— Article 227, "The infringement of the person and the
rights of citizens under the appearance of performing
religious ceremonies," which carries a maximum penalty of 5
years' imprisonment.

In addition to these provisions, the authorities continue to
use criminal code provisions against "parasitism,"
"hooliganism," and "illegal commerce" or "speculation" to
harass persons for political activity. Dissidents are
sometimes fired from their jobs, then threatened with arrest
or even in some cases arrested for "parasitism" because they
have no jobs. The authorities also reportedly fabricate
charges for common crimes, such as the possession of drugs or
weapons. In one case, Moscow "refusenik" and Hebrew teacher
Aleksey Magarik was sentenced in June to 3 years in a labor
camp on charges of possession and transport of narcotics; such
charges have been frequently used against dissidents in the
past under circumstances suggesting that the narcotics were
planted on the victims by the authorities.

Soviet criminal codes also permit administrative jailing for
periods of up to 15 days. In practice, such incarcerations
are often used to punish demonstrators and political and
religious activists under the guise of "hooliganism" or
"disturbing the peace." The criminal codes also provide
Soviet authorities power to detain citizens for 3 to 4 hours
for questioning; after this period, detainees must either be
charged or released. There were several reports in 1986 of
groups or individuals who held unofficial demonstrations in
support of various causes; most were either detained for a few

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hours or given 15-day jail sentences. However, a few managed
to carry out public protests without being detained; in some
cases, this may have been due to the presence of foreigners,
particularly the broadcast media. In other cases, however,
the authorities responded more sharply, subjecting protestors
to beatings or confinement to psychiatric institutions.
Arbitrary detention and house arrest continued to be used by
the authorities to prevent citizens with dissenting views from
meeting with foreigners or other dissidents.

According to the code of criminal procedure, pretrial
detention can last as long as 9 months, and prisoners are not
entitled to consult with a lawyer until shortly before trial.
Prolonged detention thus functions as a form of preventive
detention.

Most political prisoners, as well as most ordinary criminals,
are confined to camps where they are forced to labor, often
under harsh and degrading conditions, on Soviet developmental
projects and to assist in the production of large amounts of
primary and manufactured goods.

Soviet psychiatric institutions are also used to detain and
confine dissidents arbitrarily. A Soviet Ministry of Health
directive, issued in August 1971, authorizes the psychiatric
confinement of individuals who pose a "social danger", without
providing an identifiable list of suspect symptoms. In
effect, individuals can be confined, with the assistance of
the police, without their consent or that of their families.
Often dissidents are arrested and, after interrogation, taken
to psychiatric hospitals without an examination. The length
of the detention can vary greatly, and doctors often refuse to
give a diagnosis or set a release date. Patients committed
under criminal confinement procedures may lose the right to be
informed about the charges brought against them and the right
to mount their own defense.

In September 1983, the authorities approved a new addition to
the Russian Soviet Federated Socialist Republic Criminal Code
dealing with "malicious disobedience to the administration of
corrective labor institutions." Under this provision,
prisoners who disobey camp authorities or who have spent time
in solitary confinement during the course of the previous year
may be sentenced to an additional 3 years. In 1986 at least
five political prisoners had their sentences extended at
trials held in the prisons themselves on the basis of evidence
given by the authorities, and several others were threatened
with prosecution.

The authorities have continued the practice of exiling
political dissenters which dates back to Tsarist times. Exile
often follows prison and, in practice, means confinement in a
remote village where climatic conditions are often severe,
fresh food is relatively scarce, and isolation is an
additional burden. These conditions are mitigated only by the
privilege of receiving food parcels from family members,
moving about within a limited area, finding work (usually
menial), and arranging one's own (often primitive)
accommodations. The families of exiles are usually permitted
to live with them, although it may take several months to
receive the required permits.

Persons released from exile often are not allowed to return to
their former places of residence. Some are forced to live in
other areas of the country, in reality ensuring continued

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separation from their homes. Others, having nowhere to go,
return to their old homes without residence permits, where
they risk arrest for violating residence laws. In August
1985, the Council of Ministers reportedly issued Decree No.
736, as yet unpublished, which severely limits the right of
former prisoners to visit Moscow or its suburbs until the
record of the conviction is officially removed.

The authorities also occasionally exile persons abroad or
permit their "voluntary" departure. In 1986 the Soviets
released six well-known political prisoners, including two
Helsinki Monitor Group founders. Anatoliy Shcharanskiy , along
with three other prisoners held by the East, was released in
Berlin in February in exchange for five prisoners held by the
West. In October, Yuriy Orlov left the Soviet Union with his
wife, Irina, at the time of the release and return to the
U.S.S.R. of accused Soviet spy Gennadiy Zakharov. Two other
imprisoned Soviet dissidents, Vladimir Brodskiy and Alexandr
Shatravka, members of the "Group to Establish Trust between
the U.S.S.R. and the U.S.A., ' were also released from prison
ahead of schedule and allowed to leave the country. In
October the dissident poetess Irina Ratushinskaya was released
from prison and in December allowed to emigrate to Great
Britain. In late December, at the end of a 3-year sentence,
Crimean Tatar leader Mustafa Dzhimilyev was suddenly released
shortly after being sentenced to an additional 3 years in a
labor camp. "Group to Establish Trust" member Ludmilla
Chukayeva, meanwhile, was also released in late December,
after serving 6 months of a 2-year sentence. Finally, in
December Andrey Sakharov and Yelena Bonner were released from
their long and isolated internal exile in the closed city of
Gor'kiy. According to Sakharov, General Secretary Gorbachev
telephoned him on December 16 to inform him that he and Bonner
were being permitted to return to Moscow.

Despite these actions, the Government continues to resist
international pressure on behalf of other widely respected
prisoners of conscience, such as Anatoliy Koryagin and losif
Begun, and to imprison or confine to internal exile more than
35 former Helsinki monitors.

e. Denial of Fair Public Trial

Communist Party control of society extends to the legal and
judicial system and is exercised in political cases to negate
constitutional guarantees of the objectivity and independence
of the judicial process. Soviet authorities generally ensure
that political trials are closed to the public by reqxiiring
admission passes, packing the courtroom, and harassing or
detaining observers outside. The location and date of a trial
are often announced on short notice and may be changed with
little warning. Western journalists and diplomats are
regularly denied access to political trials as well as
permission to visit cities outside Moscow where trials are
taking place.

Defense attorneys, like judges, are subject to political
pressures and constraints applied by the security forces and
the party. According to official statistics, about 60 percent
of attorneys are party members. Moreover, attorneys must have
special clearance to act as defendant's counsel in a political
case. Attorneys who overstep their assigned role of providing
a perfunctory defense risk losing their clearance and even
destroying their careers. Even the most honest and vigorous
defense is of limited utility since results indicate that the

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outcome of political trials is determined beforehand by the
authorities. Appeals, although permitted, are usually a
formality. For example, in one case this year, the order
transferring a prisoner from jail to a labor camp was signed
1 month before his appeal was heard.

Since data on political prisoners is regarded as a state
secret, estimates about the number vary considerably, reaching
many thousands. The most authoritative listing of known
political prisoners, compiled by Soviet emigre and former
prisoner of conscience Kronid Lubarsky, contains nearly 900
names. Although prominent political and religious figures are
segregated and kept in special labor camps, many lesser known
activists are tried on nonpolitical criminal charges (e.g.
speculation, parasitism, hooliganism, resisting arrest) and
are treated as ordinary criminals.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Government interference in personal life is pervasive. The
authorities regard it as a citizen's duty to inform on the
unorthodox attitudes of family members, friends, and
neighbors. The electronic monitoring of the residences and
telephones of certain Soviet citizens and foreigners is done
routinely, despite constitutional guarantees of the
inviolability of citizens' homes. In theory no one may enter
a home against the will of the resident "without legal
grounds." In practice this provision has little restraining
effect on investigative agencies, and well-documented cases of
forced entry and illegal searches continued in 1986. Through
the control of mail and telephone circuits, the authorities
selectively restrict contact between citizens and foreigners,
often intercepting mail or cutting off telephone conversations.

Contacts with foreigners have been further discouraged with
the issuance of a decree in 1984 which mandates fines for
Soviet citizens who provide foreigners with "accommodation or
transportation or have rendered them other services in
violation of established rules." Soviets who have invited
foreigners home have sometimes been subjected to extended
interrogations. Foreigners are also sometimes questioned,
harassed, threatened, and occasionally expelled after visiting
Soviet citizens.

Foreigners who decide to marry Soviet citizens are sometimes
prevented from returning to the Soviet Union for the required
registration of the intention to marry or the marriage
itself. In one case in 1986, a U.S. citizen was not allowed
to return to the Soviet Union to marry his pregnant fiancee;
the baby eventually was born out of wedlock.

The Government continues to jam U.S. and some other Western
radio broadcasts in Russian and other Soviet languages, an
action clearly inconsistent with the provisions of the
Helsinki Final Act. Broadcasts in English and other Western
European languages generally are not jammed.

Section 2 Respect for Civil Liberties, Including:

a . Freedom of Speech and Press

The Constitution provides for most internationally accepted
political liberties but rec[uires that their exercise be in
accordance with the "interests of the people and the

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Strengthening and development of the Socialist system." In
practice, the Government does not tolerate dissident behavior
and has not hesitated to imprison persons for exercising
freedom of expression.

All information media are controlled by the party and the
Government, which own or operate almost all of them.
Publications, films, and radio and television scripts are
subject to censorship by the Main Administration for
Safeguarding State Secrets in the Media. Soviet journalists
are subject to the discipline of the Communist Party and
subordinated to the directives of their editorial superiors,
themselves trusted members of the party. As such, they are
not journalists in the Western sense but rather spokesmen for
official government policies.

Openly dissident views on important questions of policy do not
appear in the media. As part of the Soviet leadership's
campaign of spotlighting problems, the media in 1986 published
stinging criticism of corruption within the party and the
Government and reported on the abuse of party privileges and
on widespread mismanagement. Within narrow limits, discussion
of policy choices and of critical domestic political,
economic, and social issues has continued. But once a
decision is taken, dissenting views are seldom heard. Debate
within the leadership is occasionally reflected in published
texts where sophisticated polemics and criticism, expressed in
veiled language, allow experienced readers to identify policy
trends and controversial issues. Such policy debate may not
call into question the existing political and social system.

Authors, publishers, and distributors of literary, religious,
and political samizdat (self-published) materials have been
subject to a wide range of harassment, including loss of
employment, warnings from the KGB, apartment searches, and,
ultimately, arrest and conviction or incarceration in mental
hospitals. For example, six Baptist underground publishers in
Moldavia were sentenced in May to up to 2 years in labor camp
for their printing activities.

The Government continues severely to circumscribe the work of
foreign journalists and the circulation of non-Communist
foreign newspapers, which are rarely available to average
Soviet citizens. Overt censorship of wire and satellite
transmissions of news stories out of the country is rare, but
the authorities regularly harass selected foreign journalists,
especially those who maintain close contacts with dissidents
and "refuseniks . " The arrest of U.S. correspondent Nicholas
Daniloff on charges of espionage underscores the vulnerable
position of foreign correspondents in the U.S.S.R.

All universities and research institutes are operated by the
State or party; teaching and research must conform to official
requirements. In areas such as foreign policy and
contemporary Soviet history, these requirements narrowly
circumscribe the content of research and teaching to the
virtual exclusion of independent investigation. Academic
freedom, as it is known in the West, does not exist. All
books in the Soviet Union are published by the State or party
and are subject to prepublication censorship. Somewhat
greater freedom of expression is allowed in fiction and
scholarship not involving politically sensitive subjects.
However, the Government's range of political sensitivities is
broad, and censorship standards are often applied in an
arbitrary and capricious manner.

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During 1986 censorship standards were relaxed somewhat, and
the realm of the permissible in the field of culture was
expanded under the new policy of "glasnost," variously
translated as "publicity" or "openness." A number of
previously banned books and plays were published, and more
far-reaching, though still limited, criticism of Soviet
institutions was permitted. In addition, the Soviet news
media was allowed to publish information on internal events,
such as disasters and riots, which was previously forbidden.
Despite this relaxation, the "glasnost" policy was carefully
controlled and stage-managed from above. And portrayals of
the negative aspects of Soviet life tended to serve the
leadership's interests by discrediting its adversaries within
the Soviet official establishment.

b. Freedom of Peaceful Assembly and Association

The Constitution grants citizens the right to associate in
public organizations "in accordance with the aim of building
communism." In practice, public associations are organized by
the authorities or are subject to their strict control, and
the Government suppresses attempts to function independently
of its supervision. As a result of a campaign during the last
few years, most independent human rights or peace groups have
been broken up and have ceased functioning. Those eliminated
include the Helsinki Watch groups, which attempted to monitor
the Government's implementation of the Helsinki Final Act, and
the Psychiatric Watch Group, which monitored Soviet abuses in
psychiatry. Most of the members of these groups remain
imprisoned or in exile. Georgian human rights activists
Tenghiz Gudava and Emanuel Tvaladze, who attempted in 1985 to
revive the Georgian branch of the Helsinki Watch Group, were
tried, convicted, and sentenced in June 1986 to terms of 5 and
7 years in a labor camp respectively, followed by 3 years in
internal exile. Gudava ' s brother Eduard was sentenced to 4
years in a labor camp in January on charges of malicious
hooliganism.

Those unofficial groups and associations which have not been
completely suppressed function under severe pressure and
harassment from the authorities. For example, the "Group to
Establish Trust between the U.S.S.R. and the U.S.A." was a
major target of the authorities in 1986 as members were
arrested, detained, beaten, confined to psychiatric
institutions, or exiled abroad. The group's attempts to hold
seminars have been blocked by arrests, both before and during
the meetings. Group members Yuriy Medvedkov, Nikolai Khramov,
and Aleksandr Zaytsev, among others, each spent at least 15
days in detention in 1986 on charges of petty hooliganism for
their parts in street protests. In an evident effort to
remove the group's leadership, leader Vladimir Brodskiy was
released in September from prison 2 years early and allowed to
emigrate with his family. Yuriy and 01 'ga Medvedkov, active
members of the group, also received exit permission and
emigrated in September. Nina Kovalenko, who was twice
confined to psychiatric hospitals in 1986, was released in
December and permitted to emigrate.

Persons who staged their own protests were also subject to
repression by the authorities. Yuriy Chekanovskiy, who along
with another "refusenik" held a brief demonstration in June in
Moscow's Gogol Square insisting on the right to go to Israel,
was arrested and sentenced to 10 days for disturbing the peace
and impeding traffic.

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Trade unions are strictly subordinated to the Communist Party
and act as agents of the Government in implementing economic
policy and ensuring labor discipline. The unions do not act
as collective bargaining agents. The International Labor
Organization's Committee of Experts has noted that the Soviet
Union has contravened the Convention on Freedom of Association
and Protection of the Right to Organize by imposing a
constitutional link between the Communist Party and trade
unions, which restricted the right of the unions to organize
their own activities and formulate their own programs. The
right to strike is not recognized, and strikes are rare. Some
strikes are known to have been ruthlessly put down by the
security forces. At the same time, local authorities often
make concessions when confronted with a spontaneous strike
over a local, limited grievance. Strikes which reportedly
occurred in 1986 in the Ukraine and Belorussia to protest
increases in the price of meat reportedly ended peacefully,
with the authorities making concessions on the strikers'
demands .

There were no reports of independent labor activity in the
U.S.S.R. during 1986.

c. Freedom of Religion

The Constitution guarantees the "right to profess or not to
profess any religion and to conduct religious worship or
atheistic propaganda." The right to conduct religious worship
and the right to make atheistic propaganda are not ecjuivalent,
however, since the former right does not include the right to
conduct "religious propaganda," i.e., to engage in public
defense of religious values or to rebut official attacks on
religion. Moreover, extensive legislation and administrative
regulations on "religious cults" place additional restrictions
on the freedom of religion.

Registration with the Soviet Council on Religious Affairs is
required for religious groups of 20 adults or more. The State
is able to limit the number of congregations since the
authorities reserve the right to grant or withhold
registration. Their refusal to grant registration has been
used to deny legal status to an entire religious denomination,
for example, to the Ukrainian Catholic (Uniate) Church since
1946. Once registered, religious congregations must accept
strict regulations which prohibit proselytizing, religious
discussion and Bible study groups, charitable activity, and
formal religious training for children. In some instances,
the authorities reportedly have removed children from families
permitting or conducting such instruction in place of Soviet
schooling. Participation in religious ceremonies is cause for
exclusion from the Communist Party. Existing seminaries and
other institutions of clerical education and the numbers of
students permitted to pursue a religious vocation do not
provide a sufficient body of trained clergy for officially
registered denominations.

Many groups of believers refuse to register officially on the
grounds that much of the legislation affecting "religious
cults" contradicts the tenets of their religious beliefs.
Unregistered believers, such as some Baptists, Jehovah's
Witnesses, Seventh-Day Adventists, Pentacostalists , and Hare
Krishnas are subject to repressive measures, including
harassment at school or place of employment, denial of access
to housing, dismissal from work, and imprisonment. One
reliable Western count lists approximately 400 religious

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activists who are currently serving prison sentences on
charges related to their religious beliefs.

The unregistered Pentacostalist Church continued to suffer
severe persecution. Pentacostalist Bishop Vasiliy Boyechko
was sentenced in March to 3 years in a labor camp allegedly
for encouraging his congregation to resist official
registration. The small Pentacostalist community in
Chuguyevka in the Soviet Far East likewise continued to face
repression during 1986. All adult members of that community
waged a hunger strike in April to protest harassment by local
KGB officials and the mistreatment of eight imprisoned fellow
parishoners. Among the Baptists, former vice president of
the Soviet Baptist Church Pyotr Rumanchik, who had already
served 5 years in a labor camp, was sentenced to an additional
5 years in February for anti-Soviet slander and violations of
camp regulations. Baptist leader Pavel Rytikov, who has
already spent 10 years in camps, reportedly was sentenced in
April to 18 months for parole violations.

The traditional religious affiliation of ethnic Russians and
Eastern Ukrainians is the Russian Orthodox Church. While
tolerating the existence of this church, the authorities
usually have sought by a variety of means to discourage the
population's interest and participation and to limit access to
churches. A late September Pravda editorial criticized the
official religious establishment and called for stronger
stress on atheistic education, and an October 1 speech by
Party leader Yegor Ligachev echoed that theme.

In Moscow, authorities permit only about 50 churches to
function. At Easter, the Russian Orthodox Church's most
important religious holiday, police often block or deny access
to the crowds trying to attend services.

Believers active in other than officially sanctioned church
rituals are often punished. Two Orthodox activists, Aleksandr
Ogorodnikov and Sergey Khodorovich, who were already serving
sentences for their religious activities, were given
additional 3-year sentences for violations of labor camp
regulations. Orthodox activist Feliks Svetov was sentenced
January 8 to 5 years in internal exile for anti-Soviet
slander. Ukrainian Orthodox activist Pavel Protsenko
reportedly was arrested in July on charges of anti-Soviet
slander. Russian Orthodox deacon and dissident historian
Vladimir Rusak was arrested in April and sentenced in
September to a total of 7 years in a labor camp followed by 5
years in internal exile on charges of anti-Soviet agitation
and propaganda.

In the Ukraine, the campaign against defenders of the outlawed
Uniate Church continued. Despite the 1985 imprisonment of
church leaders losif Terelya and Vasiliy Kobrin, the church
remained active, and the clandestine Chronicle of the Catholic
Church in Ukraine reportedly reappeared after an extended
hiatus .

Persecution of Catholic activists continued unabated. In
Moscow, Catholic activist Kirill Popov was sentenced in April
to 6 years of strict-regime labor camp followed by 5 years of
internal exile on charges of anti-Soviet agitation and
propaganda .

Religious Jews also have come under heavy harassment and
pressure to curtail their activities. Moscow Jewish activist

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Pinkas Polonskiy was threatened in May with legal action by
the KGB for his activities involving the teaching of the
Torah. In September, after a group of Jews organized the
repair of a ritual bath in Moscow's one Hasidic synagogue,
local government authorities destroyed the bath, claiming that
the group had not requested the necessary official permission
to repair it.

Although only a small number of mosques are open for use in
the Muslim regions of Central Asia and Azerbaijan, Islam
appears to retain a strong hold on the population. Unofficial
mullahs, who function without government permission, are the
subject of nearly constant pressure. Soviet press
condemnations of foreign (mostly Iranian) Islamic radio
broadcasts and increased jamming of these broadcasts reflect
considerable anxiety on the part of the authorities. Official
propaganda efforts are tailored to bolster atheism among the
Muslim peoples of the U.S.S.R. and advocate secular Soviet
ceremonies as substitutes for religious observances on the
occasion of births, marriages, and deaths. The unauthorized
printing and distribution of religious books continues to be
met with harsh punishment.

Even tiny religious groups were not immune to severe
pressure. Harassment, arrests, and trials of Hare Krishna
followers in the Baltic Republics, the Ukraine, the Russian
Republic, and the Caucasus continued unabated. Ukrainian
Krishna activist 01 'ga Sushchevskaya was sentenced to 3 years
in a labor camp for "infringement of the rights of citizens,
under the guise of performing religious rites." Followers
have been confined to psychiatric hospitals in Armenia and the
Ukraine. According to a reliable Western source, 28 Hare
Krishna followers are currently in labor camps or psychiatric
hospitals .

The authorities exert wide-ranging pressure, including through
the official media, to discourage religious belief in general
among its citizens. The Communist Party is, according to its
rules, an atheistic organization. Membership in the party,
considered incompatible with religious belief, is in effect a
requirement for advancement to most positions of authority or
prestige in the country. Thus the authorities have virtually
excluded practicing believers from attractive educational
opportunities and desirable careers.

Only a few religious publications of controlled content, such
as the "Vestnik" of the Russian Orthodox Patriarchate, are
allowed to appear. The practice of religion is discouraged by
strictly applied limitations on the number of sacred books,
such as the Bible or the Koran, which may be printed and by
government prohibitions against their importation. The number
of clergymen and places of worship today is only a small
fraction of the number which existed before the October 1917
Revolution. At the same time, Soviet officials recognize that
up to 70 million Soviet citizens adhere to some religion.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement is neither guaranteed by law nor respected
in practice. Although citizens are generally free to move
about within the country, travel in certain areas (e.g.,
frontier regions or areas of military significance) requires
special permission. All adults are issued identity documents
or internal passports which must be carried on their person

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during travel and used to register visits of more than 3 days
with the local authorities. Approximately 20 percent of
Soviet territory is formally closed to travel by foreigners,
and except for major urban centers most of the remaining
territory is in practice difficult to visit or inaccessible.

The right to choose one's place of residence, although
formally guaranteed by law, is subject to restrictions.
Everyone is required to register his or her place of
residence. The authorities limit the number of residence
permits in an increasing number of large cities, including
Moscow, Leningrad, and Kiev, where housing is at a premium.

An unpublished directive issued by the USSR Council of
Ministers in August 1985 (the text became available from
unofficial sources in 1986) excludes from Moscow citizens
convicted of certain offenses, including all the "political"
articles of the criminal code. Its purpose was to reduce
contacts between released activists and foreigners resident in
Moscow, and it reinforces the KGB practice of interfering with
trips to Moscow by activists living elsewhere.

Foreign travel, in particular to Western countries, is a
privilege reserved primarily for trusted persons in high party
or government positions. Soviet citizens must have a special
passport for foreign travel and an exit visa specifying the
precise destination for each trip. Almost all international
travel by Soviet citizens, except to a few "safe" Eastern
European countries, is done in closely monitored groups to
lower the risk of embarrassing defections. Soviet
authorities, with rare exceptions, require that a traveler's
spouse or children remain in the U.S.S.R. as a guarantee of
their return.

The right to emigrate is extremely restricted. While the
U.S.S.R. has signed the Helsinki Final Act and other
international documents in which the right to leave one's
country and return thereto is recognized, Soviet law does not
recognize the right of citizens to emigrate by choice. The
only recognized motive for emigration (as opposed to temporary
visits abroad) is reunification of families. In 1986 the
Soviet Council of Ministers adopted an emigration law which
made that limitation explicit:.

Many Jews have waited in vain for more than 10 years for
permission to emigrate. Official Israeli sources estimate
that there are approximately 370,000 Soviet Jews who have
requested the letters of invitation (vyzovs) necessary to
apply to emigrate, and that many more Jews would eventually
leave if emigration restrictions were lifted. However, a
variety of administrative and extralegal sanctions, including
loss of employment, harassment, social ostracism, and long
delays, dissuade many Jews from even attempting to submit an
emigration application. Jewish emigration in 1986 totaled
914, down from 1140 in 1985, and only marginally higher than
the 20-year low figure of 896 in 1984.

Approximately 400 Germans and 100 Armenians left the U.S.S.R.
in 1985. The levels in 1986 have been equally low.

Soviet authorities in 1986 resolved a significant number of
divided family cases affecting the United States, France, the
United Kingdom, and Australia. Currently, 106 Soviet
families, numbering some 375 individuals, are on a United
States Government list of families who are actively seeking to

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join relatives in the United States and who have been refused
exit permission at least twice by the Soviet Government.
During 1986 the Soviet authorities declared 75 cases from the
U.S. list "resolved," although by year's end only about 75
percent of these had actually been processed. By comparison,
12 such cases had been resolved in 1985. Of 20 cases on the
U.S. list of separated spouses at the beginning of 1986, 10
were resolved during the course of the year, while 3 new cases
were added.

At least 19 U.S. citizens, who also hold Soviet citizenship
and who are living in the Soviet Union, have been denied
permission to emigrate, several of them for many decades.
Four such dual nationals received permission to leave in
1986.

The rights of emigrants to return to the U.S.S.R., though
guaranteed in international documents ratified by the Soviet
Government, is usually not observed in practice. Soviet
emigrants, leaving with an exit visa for a country with which
the U.S.S.R. maintains diplomatic relations, generally retain
possession of a Soviet travel passport. Some are allowed to
return to the U.S.S.R. for short visits. Emigrants, mostly
Jewish, departing the U.S.S.R. with exit visas for Israel
(with which the Soviet Union has no diplomatic relations) are
required to renounce formally Soviet citizenship prior to
departure, thus effectively precluding their return as Soviet
citizens. Some non-Jewish emigrants likewise have been
stripped of their Soviet citizenship before being expelled
(Orlov) , while others have had their citizenship revoked for
political reasons while abroad (Rostropovich, Nureyev) .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Ultimate political power is vested in the Communist Party,
which is a self-selecting, self-perpetuating hierarchy
controlling virtually every element of political expression at
all levels. The Constitution provides that the party is the
"leading and guiding force of Soviet society and the nucleus
of its political system, of all state organizations and public
organizations." Ordinary citizens have little opportunity to
influence the actions of the party. Actual power within the
party flows from the top (the General Secretary, the
Politburo, and the Secretariat), thus allowing relatively
small groups of party officials and leaders to control the
decisions of subordinate bodies. Elections to the Supreme
Soviet (parliament) are based on a single list of
party-approved candidates and are therefore a formality.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government contends that all internationally recognized
human rights are fully protected. Soviet authorities normally
reject foreign criticism of their human rights record as
interference in Soviet internal affairs, despite the fact that
the Soviet Union is signatory to numerous international
documents, including the Final Act of the Conference on
Security and Cooperation in Europe, recognizing human rights
as a valid subject of international concern.

The authorities do not permit foreigners to investigate the
status of human rights in the U.S.S.R. International human

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rights organizations such as Amnesty International have
frequently addressed communications to the Government
concerning human rights, but the authorities have declined to
reply in a substantive manner. The authorities have
suppressed the Moscow chapter of Amnesty International and
published attacks on the organization, alleging that it works
with Western intelligence agencies against the Soviet
Government .

The Government has cooperated with the United States
Government in investigating alleged war crimes committed
during World War II by persons who are now citizens or
residents of the United States. It has permitted the U.S.
Government to take depositions from witnesses in the U.S.S.R.
and has provided documentation for use in U.S. courts.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution guarantees the equal status of individual
Soviet citizens, regardless of nationality, sex, or language.
In reality, the Soviet leadership manipulates these factors in
order to maintain control in the U.S.S.R. These factors,
along with social status, affect a citizen's opportunities
within Soviet society. Beyond that, the Soviet Union
practices discrimination based on ethnic origin.

The Soviets recognize more than 100 nationalities in the
U.S.S.R. Many ethnic groups have territorial and
administrative entities, the 15 Soviet republics representing
the largest and most developed of the nationalities. Despite
a professed commitment to the maintenance of national
identity, actual Soviet policy continues the program of
Russif ication first practiced by the tsars.

Russif ication has taken on a variety of forms over the years.
While mass resettlement of entire ethnic groups is no longer
practiced, assimilation is promoted through more subtle
means. The extent and effectiveness of this Russif ication
policy, implemented to varying degrees in the different
republics, is evident in most aspects of everyday life,
including government, language, education, media, literature,
economics, and even in the legal system. Universities accept
students according to unofficial quotas and thus influence
careers and advancement opportunities.

Some party and government positions traditionally have been
reserved for certain nationalities. For example, the Soviet
leadership has projected Slavic influence in non-Slavic areas
by reserving second secretary positions in republic and
lower-level party organizations for Slavs while giving the
first secretary positions to a member of the indigenous ethnic
group. In December, however, the Gorbachev administration
replaced the first secretary of the Kazakhstan Communist Party
with a Russian. Nationalist rioting followed in the
republic's capital, Alma-Ata.

The Government implements an economic policy concentrating a
disproportionate amount of heavy industry within the Russian
Republic. This policy often contributes to limited and uneven
economic growth in the non-Russian republics. This
concentration of industrial facilities often requires the
import of non-Russian labor, thereby forcing the economic
migration to Russia of minorities from other republics. This
migration speeds the process of Russif ication as the

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UNION OF SOVIET SOCIALIST REPUBLICS

minorities are separated even from the limited cultural
institutions permitted in their native republics. The same
result has been accomplished in Estonia, Latvia, and
Lithuania, all of which have relatively small populations, by
doing the obverse. There, the establishment of Soviet
industries and the accompanying influx of Russian workers
during the past 40 years have reduced the proportion of the
indigenous nationality in the total population to an alarming
extent .

Certain ethnic groups, for example the Ukrainians, suffer
particularly harshly from Soviet repression of human rights
activists .

The situation in the Ukrainian Soviet Socialist Republic
exemplifies the extent of Russif ication in the Soviet Union.
The Ukrainian language is rarely used outside rural areas of
the Western Ukraine, and use of the language is regarded by
the authorities as a manifestation of "bourgeois
nationalism." The number of Ukrainian-language schools has
declined, particularly in the industrial southeast. Ukrainian
history, culture, and religion are often ignored or
distorted. Russif ication is also apparent in the publishing
field; in a recent year, less than 3 percent of the books and
brochures published in the U.S.S.R. were in Ukrainian, well
under the 19 percent of the Soviet population living in the
Ukrainian Soviet Socialist Republic. The development of the
Ukrainian language has been further stunted by the almost
exclusive use of Russian for scientific and technical
publications. Finally, more Ukrainian political prisoners
have died in the last few years than those of any other
nationality group in the Soviet Union.

Nationalities which do not have a territorial entity and
members of those nationalities living outside their republics
usually do not even possess the limited cultural and
linguistic amenities available to republic and autonomous
republic nationalities. In Azerbaijan, the Saingilo Georgian
minority — mostly Orthodox Christian — suffers at the hands of
the local authorities. In order to force this group to
assimilate to the republic nationality, Azerbaijani
authorities have closed Georgian language schools, changed the
nationality line in the passports of local Georgians
regardless of expressed preference, and discriminated against
Georgians in hiring and promotion so that virtually no
Georgians occupy positions of responsibility on their own
national territory.

The Crimean Tatars, a Muslim minority forcibly transported
from their historic Crimean homeland to Uzbekistan in 1944,
continue to seek repatriation despite harsh measures by Soviet
authorities. Some Tatars were reportedly deported for a
second time to Central Asia after resettling in the Crimea
without proper residence permits. All evidence of a one-time
Tatar presence in the Crimea has been deliberately destroyed.
Despite official Soviet claims of defending the rights and
cultures of all minorities, the Crimean Tatars remain under
government pressure to integrate themselves with other central
Asian cultures. In December a Soviet court freed Mustafa
Dzhemilev, a Crimean Tatar who had served some 12 years in
prison and exile for his activities. Three other Tatar
leaders are still in prison for their activities.

Most minorities in the Soviet Union suffer discrimination as a
result of an official policy of Russif ication, or as a result

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UNION OF SOVIET SOCIALIST REPUBLICS

of opposition to that policy. The Jewish population, however,
is subjected to systematic persecution based on ancestry.

Soviet Jews, including persons of partially Jewish descent who
are identifiable on the basis of physical appearance, last
names, or official documentation, generally are denied access
to the best Soviet educational institutions at both the school
and the university level. This discrimination by extension
prevents Jews from advancing into prestigious careers. Those
Jews who in the past have overcome these impediments and
advanced in their careers generally have been prevented from
attaining the highest positions in their professions. Jews
employed in economic institutions, for example, are almost
never appointed to the highest position, the directorship,
even when a Jewish candidate is the most senior and the most
qiaalif ied.

Soviet Jews are almost entirely excluded from careers in the
party or state apparatus. There are no Soviet Jewish members
in the Politburo or in any other bodies at the pinnacles of
national and regional power.

Soviet Jews are also subjected to harassment by official
Soviet propagenda. The Soviet press occasionally features
thinly veiled anti-Semitic articles, which often question
Jewish loyalty to the Soviet State.

At the same time, Soviet Jewish emigration has been
drastically reduced, and the authorities have continued to
attack Jewish consciousness through harassment and
intimidation, the suppression of cultural activities, and the
prosecution of persons for teaching Hebrew. Soviet Jews have
been subject to arrests, beatings, and vilification, as well
as dismissal from work and illegal searches.

The crackdown on Jewish, primarily "refusenik," activists and
Hebrew teachers continued in 1986. (A "refusenik" is a person
who has been denied permission to emigrate.) Leningrad Jewish
activist Vladimir Lifshits was arrested in January and
sentenced in March to 3 years in a labor camp on charges of
anti-Soviet slander. Meanwhile, Jewish activists like Leonid
Volkovskiy and losif Berenshteyn, imprisoned in past years,
remained in camps and prisons, many of them suffering from
serious health problems.

Women normally enjoy the same legal rights as men and are
nominally accorded the right to participate in all areas of
the social, political, and economic life of the Soviet Union.
An extensive system of day-care service and maternity leave
benefits, including up to a year and a half of paid leave from
work, significantly enhances the ability of women to secure
and retain employment. Virtually all Soviet women work
outside the home. Overall, women hold less remunerative
positions. Men occupy the great majority of leading positions
in most professions, especially politics. At present, 12 of
307 full members of the Central Committee of the Soviet
Communist Party are women, and for the first time in two
decades a woman was appointed a secretary of the Central
Committee .

Most members of the Soviet elite (the party, the military, the
diplomatic service, the scientific-technical intelligentsia,
and the cultural and sports establishments) are shielded to
various degrees from social and economic hardships. They have
greater access than the average Soviet to quality food and

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UNION OF SOVIET SOCIALIST REPUBLICS

consximer goods, special medical facilities, the best schools,
foreign travel, automobiles, country houses, and paid
vacations at choice resorts.

CONDITIONS OF LABOR

The statutory minimum age for employment of children in 1986
was 16, and the standard workweek was 40 hours. There is no
indication of widespread violation of these norms. The
minimum wage was set at $112 per month at the official rate of
exchange. According to the latest Soviet official data, the
average wage is about $272 per month. Soviet law requires, in
general terms, healthy and safe working conditions, but they
usually fall short of Western standards.

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

The United Kingdom (U.K.) is a constitutional monarchy, with
government based on a multiparty, parliamentary democracy. As
there is no written constitution, human rights are "residual",
i.e., assumed unless limited by statute. Human rights have
always been respected and guarded by the British people and
their elected governments.

The United Kingdom's highly developed industrial economy has a
mix of private and state-owned industries. Individuals may
freely own property and pursue their economic interests, and
the population benefits from a comprehensive social welfare
program. Public policy opposes discrimination on the basis of
race, religion, sex, or political opinion.

On the whole, the U.K. has a long tradition of respect for
human rights. In Northern Ireland, however, that tradition
has been tested by years of sectarian violence. As a result,
while public safety in Great Britain is maintained by a
civilian police force, the police in Northern Ireland receive
support from army units.

Recent proposals for a bill of rights for Northern Ireland
drawn on the lines of the European Convention on Human Rights
raise complex legal and constitutional questions.
Nonetheless, the subject has been raised in discussions
between the British and Irish Governments.

On November 15, 1985, the British and Irish Governments
concluded the Anglo-Irish Agreement which provides: (1) a
framework for security coordination between the U.K. and
Ireland; (2) a process which (a) enables the Republic of
Ireland to advance proposals in specific areas related to
Northern Ireland and north-south affairs, and (b) establishes
an intergovernmental conference; and (3) a guarantee that any
change in the status of Northern Ireland will occur only with
the consent of the majority of its people.

Although intended to safeguard the rights and identities of
both communities in Northern Ireland, the agreement has met
opposition. Paramilitary groups on both sides have continued
their campaigns of violence. Unionist members of Parliament
resigned their seats in protest against the agreement To
demonstrate their opposition to the agreement, some Unionists
turned to strike, boycott, and suspension of work in local
councils and the Northern Ireland Assembly. In July 1986, the
Secretary of State for Northern Ireland prorogued the Assembly
before the end of its session. No new elections have been
scheduled.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

The British Government does not practice or condone killing
for political motives.

The Government reported that during 1986, 62 persons were
killed by terrorists in incidents related to Northern Ireland
during 1986. Twenty-four belonged to the security forces.
During the same period, security forces killed five persons.

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Since 1969, 2,525 persons have died in violence related to
Northern Ireland.

The Government continues to authorize the use of plastic baton
rounds (PBR's or plastic bullets) for riot control. A
Protestant youth in Portadown was shot with a PER during a
disturbance in March 1986 and later died. In September 1986,
a member of the Royal Ulster Constabulary (RUG), charged in
connection with the death of a Catholic man at a rally in
1984, was acquitted. The judge found that the use of PBR's
had not been inappropriate in the incident.

In 1984 the European Parliament passed a resolution calling
for a ban on PBR use in Northern Ireland. While acknowledging
the danger of PBR's, the British Government contends they are
less dangerous than live rounds. This view was supported in
October 1984 when the European Commission on Human Rights
dismissed as "manifestly ill-founded" a case involving PBR's,
ruling that their use was "acceptable" and "less dangerous
than alleged. "

A series of fatal shootings beginning in 1982, involving
members of the RUC and the army, gave rise to allegations that
the security forces in Northern Ireland practiced a
"shoot-to-kill" policy when dealing with suspected
terrorists. Manchester Deputy Chief Constable John Stalker
was assigned to investigate these charges. His investigation
was suspended for a time in 1986 when he was removed following
charges against him (later dropped) arising from his other
police duties. In mid-1986 the investigation resumed under
the direction of West Yorkshire Chief Constable Colin
Sampson. These events fueled demands for an independent
judicial inquiry.

b. Disappearance

Government authorities do not abduct, secretly arrest, or hold
persons in clandestine confinement, nor do they sponsor or
condone such activities.

The Government reported that, during the first 11 months of
1986, 69 persons were abducted or illegally detained by
nongovernmental forces in incidents related to Northern
Ireland. This figure includes both terrorist and other
kidnapings .

c. Torture, and Cruel, Inhuman, or Degrading Treatment or
Pvmishment

British law forbids torture and cruel, inhuman, or degrading
treatment of prisoners and provides penalties for such abuse.
Confessions obtained by such methods are not admissible as
evidence in court .

Government policy seeks to prevent abuse of prisoners, and in
January 1986 the Government put into effect a new Code of
Practice for the police, with provisions for disciplinary
action.

In April 1985. an independent Police Complaints Authority was
established in England and Wales. The Government has
announced plans to establish a similar system for
investigating complaints against police in Northern Ireland.

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

The Government acknowledges that some old British prisons are
unsatisfactory and overcrowded and that many prisoners live in
cramped, unhygienic cells. Britain's prison population is
rapidly rising. The average prison population in 1985 was
46,300, an increase of 2,950 from the 1984 figure. Prison
facilities are officially capable of holding only 40,925
persons. Prisons are also understaffed. Home Office figures
show that in some prisons guards have been working 80-hour
weeks .

To relieve overcrowding, the Government is expanding parole
opportunities and has embarked on a building program. Three
new prisons opened in 1985, six more are under construction
for use by 1990, and nine more facilities are under discussion
or in various stages of planning and design.

Prison conditions in Northern Ireland differ in some respects
from those in Great Britain. All prisons in the province,
except for two centers for young offenders, are
maximum-security institutions. Yet Northern Ireland prisons
are newer and less crowded than those in Britain, and
prisoners have visitation, mail, and clothing privileges not
available to those in other U.K. prisons. In 1986, a new
prison with an extensive range of educational and training
facilities was constructed, and the old women's prison in
Armagh was closed. The Northern Ireland prison population
declined by one-tenth during 1985-86.

Complaints continue about "strip searching", particularly of
women, in Northern Ireland prisons. These searches involve a
visual inspection conducted in special cubicles by female
officers. Body cavity searches are not performed. Strip
searching is routine for prisoners making home visits and
conducted on a random basis for those making court
appearances. Since prisoners who are on remand (awaiting
trial) are brought to court every 8 to 14 days, they face the
possibility of frequent strip searching. Proposed changes in
remand rules would make court appearance less frequent,
reducing the occasion for strip searching. For persons
serving sentences, strip searching is conducted on a random
basis and is less frequent than for remand prisoners. All
visitors to prisons, including government officials, are
subject to a "rub-down search." This involves an officer's
passing his or her hands over the visitor's clothing.
Visitors are not strip-searched.

British legal practice provides for the indeterminate
detention of minors convicted of serious crimes (murder). In
Northern Ireland, where public attention has particularly
focused on this issue, there are currently 47 persons serving
indeterminate sentences (down from 63 in 1985). Thirteen of
the 47 have been given provisional release dates in 1987,
conditioned on continued good behavior.

Britain has ratified the Council of Europe Convention on the
transfer of sentenced persons, by which prisoners may be sent
to their home countries to serve their sentences. Within the
U.K., convicts are almost always required to serve their
prison time in the general region where the crime was
committed. Transfers can, however, be recjuested. Prisoners
from Northern Ireland, who are serving time in Great Britain,
for example, can apply for transfer to Northern Ireland to
serve their sentences closer to their families. Several such
requests were approved in 1986.

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UNITED KINGDOM OF GREAT BRITAIN AJSTD NORTHERN IRELAND

d. Arbitrary Arrest, Detention, or Exile

British law gives police broad discretionary powers to make
arrests without warrant based on reasonable cause. Procedures
for bail, judicial determination of the legality of detention,
and suits for false imprisonment are routinely utilized in the
U.K.

Generally, persons arrested without a warrant must be released
on bail if they cannot be brought before a magistrate's court
within 24 hours. However, in some cases where the alleged
offense is deemed serious, magistrates have repeatedly
remanded persons for periods totaling up to 18 months before
trial. The average length of time prisoners spent on remand
increased from 51 days in 1984 to 55 days in 1985 for males,
and from 34 days to 40 days for females. Prisoners on remand
currently represent 19 percent of the total prison population.

Subject to review by Parliament, British common law allows for
the restriction of individual liberties by the Government in
an emergency situation. Acting on the premise that the
fundamental "right to life" has been in serious jeopardy due
to the violence in Northern Ireland, the British Government
has adopted two acts to deal with that threat: 1) the Northern
Ireland (Emergency Provisions) Act of 1973, now amended and
consolidated as the Northern Ireland (Emergency Provisions)
Act of 1978, which is applicable only to Northern Ireland; and
2) the Prevention of Terrorism (Temporary Provisions) Act of
1984 (originally enacted in 1976), almost all of which is
applicable to the entire United Kingdom. Although both these
acts empower the restriction of personal liberties, they are
subject to parliamentary review and to mandatory renewal at
frequent intervals.

The 1984 Prevention of Terrorism Act empowers the police to
arrest without warrant persons anywhere in the United Kingdom
whom they reasonably suspect to be involved in terrorism.
Such persons may be detained for up to 48 hours and up to a
further 5 days on the authority of the Home Secretary. The
powers of the Act were used in 1986 in respect to people
suspected of acts of terrorism related to Northern Ireland,
India, and the Middle East.

Under the 1978 Emergency Provisions Act, the Northern Ireland
police are empowered to arrest without warrant persons
suspected of terrorism and to detain such persons for up to 72
hours on their own authority. Similar authority is provided
to arrest persons suspected of having committed, or being
about to commit, a "scheduled" offense (i.e., one listed on a
schedule attached to the law). For the purpose of doing so,
the police may enter and search without a warrant any premises
or other place where that person is or where the police
suspect him of being. Also under this Act, members of the
armed forces on duty may arrest without a warrant any person
on suspicion of his having committed or being about to commit
any offense. Such persons can be held for up to 4 hours,
after which they must be transferred to police custody or
released. There have been allegations that these limits have
been exceeded by the police or the armed forces, but they
have not been substantiated. In Northern Ireland, the police
generally act pursuant to the provisions of the Prevention of
Terrorism Act and the Emergency Provisions Act, thereby
assuring that these arrestees have access to a solicitor after
48 hours of detention. Human rights activists allege,
however, that the 48-hour rule is not always followed.

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

An independent review of the 1978 Act by Sir George Baker,
published in April 1984, concluded that its provisions were
still necessary. In 1986, following Baker's recommendation,
an order was issued increasing the Attorney General's
discretion to try specific cases by regular rather than
nonjury courts. The Government also proposed other changes in
line with the report, e.g., to rationalize the police powers
of arrest and limit the life of the legislation to 5 years,
which Parliament is expected to approve in the near future.

There is no forced or compulsory labor practiced in the United
Kingdom.

e. Denial of Fair Public Trial

Fair trial is guaranteed by law and observed in practice. All
criminal proceedings must be conducted in public, with the
exception of juvenile court cases and cases involving public
decency or security. In a trial on charges under the Official
Secrets Act, the court may be closed at the judge's
discretion, but the sentence must be passed in public. A
national, independent prosecution service was established in
1985. It provides more consistency in determining which cases
are prosecuted than was formerly possible when prosecutions
were initiated by dozens of police departments across the
country. This extends to England and Wales a system created
in Northern Ireland in 1972.

In Northern Ireland, certain cases involving terrorist-related
offenses are tried by a judge without a jury. This court
system (called "Diplock" courts) was established by
legislation in 1973 at the recommendation of the Diplock
Committee, which had been empowered to consider legal
procedures to deal with terrorist acrivity in Northern
Ireland. The 1984 Baker Report found that conditions did not
yet exist for the restoration of jury trials for terrorist
offenses. However, the Government is committed to the use of
jury trials whenever possible, and juries hear all cases not
covered by antiterrorist legislation; these constitute the
majority of criminal cases.

Persons convicted by a Diplock court have an automatic right
of appeal of conviction and/or sentence to a three-judge Court
of Appeals, a right not granted to defendants tried before a
judge and jury. The rate of conviction in Diplock courts of
defendants who have pleaded not guilty is similar to that of
defendants tried before juries. Judges in Diplock courts must
make written explanations (which are made public) of their
decisions. However, critics see an increased tendency to rely
on confessions rather than to search for independent evidence
of guilt or innocence. They also complain about the lengthy
time spent in custody awaiting trial and maintain that
conviction rates by Diplock courts are unusually high.

The use of evidence provided by terrorist accomplices
("supergrasses") in nonjury courts continues to be
controversial. Although the evidence of an accomplice has
always been admissible in U.K. courts, in nonjury courts the
judge alone must decide whether the evidence of the
"supergrass" is credible, bearing in mind the danger of
convicting on the uncorroborated evidence of an accomplice.

The Government maintains that the use of "supergrass"
testimony is important in the legal fight against terrorism,
but the recent reversal on technical grounds of several

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

convictions in "supergrass" cases has given impetus to calls
for tightening of prosecution procedures in Northern Ireland.
In 1985 the 3 trials involving supergrass evidence resulted in
43 convictions and 60 acquittals. There were no "supergrass"
trials in 1986, and there is only one group of defendants
presently awaiting trial in a case where "supergrass"
testimony may be used.

The Criminal Law Jurisdictions Act, enacted by both the
British Government (1975) and Irish Government (1976), permits
trial in the Republic of Ireland, in Northern Ireland, or in
Britain of those accused of certain terrorist offenses,
regardless of where the offense was committed.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The right of privacy is well respected in both law and custom.

Warrants are generally required for a police search of private
premises. However, under the Northern Ireland (Emergency
Provisions) Act of 1978, any member of the armed forces on
duty or any constable may enter any premises or other place,
if he or she considers it necessary to do so to preserve peace
or maintain order. This provision was introduced in
recognition of the practical difficulty of obtaining a warrant
in certain situations involving terrorist incidents, but it
has been criticized for allowing excessively broad powers of
entry on mere suspicion of wrongdoing.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

British tradition, an independent press, and a democratic
political system combine to secure freedom of speech and press
in the U.K. While the Government appoints the Board of
Governors of the British Broadcasting Corporation, it does not
seek to control the content of programs. Viewpoints
independent and critical of the Government are well
represented.

b. Freedom of Peaceful Assembly and Association

Except in cases of extreme civil disorder, in which public
safety is judged to be at risk, the British authorities do not
exercise their statutory right to limit individuals' freedom
to attend public meetings of their choice. However, some
critics claim that the 1986 Public Order law gives police too
much discretion to restrict public assembly.

The Prevention of Terrorism Act of 1984 and the Northern
Ireland (Emergency Provisions) Act of 1978 include sections
prohibiting membership in, or support of, organizations
(Loyalist and Republican) involved in terrorism. These
organizations are specifically listed in the statutes. The
lists do not include political parties, even those, such as
Provisional Sinn Fein, which have close links to terrorist
paramilitary organizations and openly support violence.

The summer "marching season" in Northern Ireland presents
special problems. Because these marches commemorate the
traditions of opposing sectarian communities, they are
controversial in the other community and can be a source of

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

public disorder. The RUC must approve specific marches and
routes. During the 1986 marching season, several decisions
connected with parades generated controversy. The Chief
Constable of the RUC. in his 1986 annual report, recommended
the establishment of an independent tribunal with authority to
approve marches and their routing.

British trade unions have immunities from prosecution for
normal union activities involving the right to organize,
bargain collectively, and strike on behalf of their own
members. These are derived from common law rather than
statute. The Employment Act of 1980, however, makes unions
liable under civil law for losses resulting from "sympathy"
strikes. In the rare instance where the right to strike is
prohibited, e.g., for police officers, there are other means
to resolve labor differences.

The Government does not control, intimidate, harass, or
persecute unions and other associations, nor does it limit in
any way their freedom to maintain relations with recognized
international bodies. However, in 1984, the Government
prohibited continued trade union membership for public
employees at its highly sensitive communications headquarters
in Cheltenham on grounds of national security. The ban was
first overturned and then upheld in the courts. Complaints
concerning the Government's banning of unions at Cheltenham
have been lodged and are under consideration by the
International Labor Organization (ILO) and the European Court
of Human Rights in Strasbourg.

c. Freedom of Religion

Government policy and general practice guarantees freedom of
religion to all residents of the U.K.

There is no religious or denominational bar to the holding of
public office except in the case of the Sovereign, who must be
a member of the Church of England.

While both England and Scotland have established churches, the
State makes no direct financial contribution to them, and
their existence does not limit the freedom or access to public
life of members of other churches. The Church of Ireland and
the Church of England in Wales have been disestablished.

In Northern Ireland, the Constitution Act of 1973 specifically
prohibits discrimination on the basis of religious belief or
political opinion.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

In general, U.K. citizens enjoy freedom of movement within the
country and in foreign travel, emigration, and repatriation.

The Prevention of Terrorism Act of 1984 includes one exception
to this general principle. The Act gives the Home Secretary
the authority to exclude or prevent from entering mainland
Britain anyone he believes may be connected with terrorism
related to Northern Ireland, unless that person was born in
Great Britain or has been ordinarily resident there for 3
years. Similar authority is granted to the Secretary of State
for Northern Ireland to exclude persons not native to or
resident in that province. No one has been excluded under
this lav in the last 2 years. Nevertheless, these powers have

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

been referred to by many, including the National Council for
Civil Liberties, as a system of internal exile.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The United Kingdom is ruled by a government formed on the
basis of a majority of seats in the House of Commons won in
freely contested elections. Participation in the political
process is open to all persons and parties, of which there are
several, representing a broad range of political views.

For parliamentary and local elections, all citizens 18 years
of age and over have the franchise. Women have full rights of
participation and are represented at all levels of British
life. Twenty-five women, including the Prime Minister, are
currently members of Parliament.

While racial minorities comprise about 5 percent of the total
population, and while there are a few nonwhite members of the
house of lords, only one nonwhite member of Parliament sits in
the House of Commons. Many nonwhite Britons, however, have
been elected to local government. The year 1986 saw the
election of the first woman mayor of Asian extraction.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government generally maintains an open attitude toward
international inquiries into alleged violations of human
rights in the United Kingdom. It cooperates fully with the
European Commission on Human Rights in investigations of
complaints and has taken steps to rectify its own laws and
policies when they were found not to be in conformity with the
European Convention.

The United Kingdom is a party to several human rights
conventions, participates in international and regional hum.an
rights bodies, and is the host country to international
nongovernmental human rights organizations, such as Amnesty
International .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

British law bars discrimination on the basis of race, color,
or national or ethnic origin. Through a highly developed
welfare system available to all inhabitants regardless of
race, religion, sex, ethnicity, or political opinion, the
British Government meets the health, educational, and other
basic needs of the people. The National Health Service
provides comprehensive medical services to the entire
population.

Some studies, however, document a black unemployment rate that
is nearly double that of whites, black concentration in manual
jobs, and racial discrimination in job recruitment. In 1984 a
Code of Practice on Employment, proposed by the Commission for
Racial Equality and accepted by the Government, took effect.
Although the Code does not have the force of law, it is used
as a standard of good practice by industrial tribunals in
racial discrimination cases and serves as a guideline for
firms in eliminating all forms of discrimination.

66-986 0-87-35

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Equal status and equal opportunity for women in professional
fields is also provided by law. Enforcement mechanisms have
been established, and progress toward women's equality is
visible in many fields, including government hiring. Still,
women have yet to achieve fully equal status. They hold
three-quarters of Britain's lowest paying jobs, and the
average female wage-earner takes home only three-quarters the
pay of her male counterpart, up from 63 percent in 1970.
Equal opportunity commissions were established in Britain in
1975 and in Northern Ireland in 1976 to assist in the
enforcement of these laws.

Historically, in Northern Ireland, the majority Protestant
community has held a higher proportion of the skilled jobs,
has controlled much of the local economy, and has been more
prosperous than the Catholic community. The unemployment rate
in Northern Ireland is substantially higher than that in the
United Kingdom as a whole and continues to be on average twice
as high for the minority Catholic population as for
Protestants. The reasons for this situation are complex,
involving a long history of discrimination by one community
against the other for the purpose of maintaining its
traditionally dominant position. In addition, higher Catholic
populations in those younger age groups and rural areas which
suffer from higher unemployment throughout the United Kingdom
tend to skew this statistic, although Catholic youth
unemployment is still higher than that for Protestants.
British Government policy attempts to alleviate the problem by
promoting equal opportunity, attracting more investment to
Northern Ireland, and subsidizing the economy through public
sector spending.

Since 1972, when direct British rule was introduced in
Northern Ireland, specific measures have been taken to combat
religious discrimination against Catholics. These include:
reform of the electoral rolls; prohibition of religious or
political discrimination by any level of government;
establishment of a Commissioner for Complaints to deal with
grievances against local government; appointment of a Central
Housing Authority to meet the problem of discrimination in
housing; prohibition of discrimination in employment; and a
special effort to recruit more Catholics into the Civil
Service and the Police. In addition, the Standing Advisory
Committee on Human Rights was established in 1973 to monitor
human rights. Since 1976, the fair employment agency has
served as the focal point of the Government's efforts to end
job discrimination.

While not disputing the value of these structures, critics are
not satisfied and point to slow progress in remedying
historical imbalances. In September 1986, the Government
published a consultative paper containing proposals to make
existing measures to counter discrimination in employment more
effective .

Within the Northern Ireland Civil Service, the proportion of
Catholics reflects their proportion in the overall population
in lower (under 35) age groups. In upper age groups and in
the security forces, Protestants still dominate. Recruitment
of Catholics into the security forces is made more difficult
by terrorist threats, often carried out, to kill Catholics who
join the Royal Ulster Constabulary or Ulster Defense
Regiment. In 1986 a death threat from the Provisional Irish
Republican Army (PIRA) caused a Catholic member of the Police
Authority to resign. Similar death threats from the PIRA have

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UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

led to loss of jobs, particularly in the construction and
service industries, and have affected investment in Northern
Ireland.

CONDITIONS OF LABOR

Although Britain has no national minimum wage, about 48
percent of the work force belong to labor unions that set
their wages with employers. Until recently, organized labor
resisted the setting of a national minimum wage. For workers
employed in hotel, restaurant, and services sectors, where
union representation is minimal (about 10 percent of all
workers), wages councils comprising representatives of
management, labor, and the public set minimum wages and other
conditions of employment. The Government has abolished
minimum wages set by wages councils for persons under 21.

Basic rights for all nonunion workers, including white-collar
professionals, are covered by employment protection
legislation. Turn-of-the-century legislation limiting working
hours for women employed in most manufacturing occupations was
repealed in July 1986.

Minors are allowed to do limited part-time work beginning at
age 14 and are considered adults at age 16 for purposes of
working hours and conditions. Working conditions and hours
for minors are strictly regulated to ensure that a job does
not interfere with school.

Under the terms of the 1974 Health and Safety at Work Act, the
Health and Safety Executive enforces strict occupational
standards of health, safety, and working environment
conditions. The Health and Safety Commission, consisting of
management, labor, and public members, supervises the
Executive and can develop new codes and regulations, subject
to government approval .

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The Socialist Federal Republic of Yugoslavia is a
multinational, federal state comprising six republics, one of
which has two autonomous provinces. The league of Communists
of Yugoslavia (Communist party) maintains a monopoly on
political power. The ideology and practice of Yugoslav
communism and Socialist self -management differ substantially
from the highly centralized Soviet model of Communist rule.
In recent years, Yugoslav society has evolved toward greater
openness, including more freedom of speech and the press.

In the Yugoslav political system, the party is decentralized
so that Republic and Provincial party authorities wield power
that is seldom challenged by the central party bureaucracy.
In the economic system. Socialist self-management theoretically
and legally provides that the workers run their own
enterprises. Nearly 85 percent of agricultural land is
privately owned, and there are some private enterprises in
services and small-scale manufacturing.

State security and uniformed police are under the jurisdiction
of Federal and Republic secretariats for internal affairs.
Security and police forces are generally subject to, and
heedful of, overall direction from the political level,
although on an operational basis they maintain considerable
independence .

Growth in 1986 in the largely decentralized Yugoslav economy
has been broadly based but has taken place amid rampant
inflation. The implementation of austerity and economic
reform programs adopted in earlier years has taken longer than
anticipated, and the Federal Government is grappling with a
worsening trade performance, a high level of hard currency
debt, and the perceived need to protect the Yugoslav living
standard while enforcing financial discipline.

Although the fundamental tenets of Socialist self -management
and the present federal structure of the State are among the
few subjects which cannot be questioned, there is relatively
open debate on the implementation of these concepts. Key
topics frequently discussed in public include the boundaries
of permissible political and cultural expression, economic
reform, and the functioning of the political system. Some
issues, however, appear to be so sensitive that free speech is
only partially tolerated. Hence, Yugoslav officials, wary of
historically rooted separatist sentiments, have taken stern
measures to repress displays of ethnic "nationalism."

The human rights situation in Yugoslavia in 1986 continued much
as in 1985, with both positive and negative developments:

— Arrests and convictions for what are called "verbal
crimes" (most often on charges involving "nationalism" or
"hostile propaganda") continued at a significant level. A
U.S. citizen (dual national) was charged with joining a
hostile organization in Detroit and participating in an
anti-Yugoslav demonstration in Washington, D.C., activities
which are legal under U.S. law.

— The well-known Croatian dissident Marko Veselica was
released early from his prison term, and one of the two
convicted "Belgrade Six" defendants remained at liberty. The
other, however, began serving his 18-month prison sentence in
July.

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— Violent incidents among ethnic groups, particularly in
the Autonomous Province of Kosovo, continued to reflect and
exacerbate social tensions.

— Some 100 ethnic Albanians, allegedly irredentists, were
prosecuted on charges of hostile activity and conspiracy to
overthrow the State.

— Three spontaneous mass marches, rarities in Yugoslavia,
took place peacefully in Belgrade early in the year. A fourth
was forcibly broken up.

— Nearly all religious groups had significant building
projects under way or recently completed.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reported instances of killing by government
forces. In the past, Serb-Albanian ethnic tensions in Kosovo
have resulted in violence and occasional fatalities. Attacks
by members of one nationality on the other continued at a low
but steady level in 1986, but no deaths were reported.

b. Disappearance

No instances of prolonged or permanent disappearance of
persons inside Yugoslavia came to light.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Although both Yugoslav law and the Constitution forbid
torture, various sources reported that people (including dual
U.S . -Yugoslav citizen detainees) were beaten, maltreated, or
threatened during pretrial detention or while serving
sentences. In 1986 journals in Slovenia twice carried
extensive reports on the alleged abuse in prison in recent
years of two prominent dissidents (Vojislav Seselj and
Dobroslav Paraga) .

d. Arbitrary Arrest, Detention, and Exile

Yugoslav legal procedures derive from Napoleonic law and are
generally followed in all, including political, cases.
Arrests are conducted pursuant to warrants, defendants are
usually brought before a judge within 24 hours of arrest,
persons arrested for political reasons are usually charged
with the specific sections of the Criminal Code dealing with
political crimes, and defendants have the right to independent
counsel .

"Political crime," as defined by the Yugoslav Criminal Code,
consists of attempts to overthrow the constitutional order or
to undermine the country's territorial integrity, unity, or
basic constitutional system. "Political crime" includes a
niamber of broad, imprecise categories such as

"counterrevolutionary acts," "association (for the purpose of)
hostile activity," "insulting the reputation of the President
of the Republic," "fostering national hatred," and "hostile

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YUGOSLAVIA

propaganda." Enforcement of these laws varies from republic
to republic, with the result that persons have been jailed in
some parts of Yugoslavia for acts which in other parts of the
country rarely, if ever, result in criminal sanctions.
Pretrial confinement in political cases sometimes occurs.

The Criminal Code permits the arrest and imprisonment of
Yugoslav citizens for acts considered political offenses under
Yugoslav law, even when they are committed abroad and are not
crimes in the country in which they take place. Such cases
are often based on the expression of views hostile to the
Yugoslav regime or association with anti-Yugoslav emigre
groups. In 1986 three such cases involved U.S . -Yugoslav dual
nationals .

There were no reports of the practice of forced labor.

e. Denial of Fair Public Trial

Although ordinary criminal trials are almost always open to
the public, not all political trials are. Yugoslav political
authorities usually do not actively interfere in judicial
proceedings concerning political cases. However, substantial
evidence exists that in some cases Federal, Republic, and
Provincial authorities have sought to orchestrate the trials
of those charged with political crimes. Some human rights
organizations believe that the outcome in political cases in
Yugoslavia is predetermined. Other observers, including
critics of the Government, hold that the courts have
considerable independence, particularly in determining the
length and type of sentences, if not innocence or guilt.

Many persons accused of political offenses are able to find
capable, energetic counsel, but in the past government
authorities have sometimes intimidated or chastised attorneys
who took political cases.

The precise number of current political prisoners is difficult
to determine. Official figures are hard to obtain and
frequently contradictory or incomplete. The number of
political prisoners countrywide was estimated by the Lawyers'
Committee for Human Rights in 1985 to be between 600 and
1,000. Official figures show that in 1985 charges were
brought against 451 persons in political cases (compared to
466 in 1984). Close to 90 percent (389) of those involved
so-called verbal crimes, that is, charges arising from
something the accused said or wrote. Also among those charged
and convicted in political cases may have been persons
involved in hostile organizations responsible for committing
crimes of violence, who did not themselves advocate or engage
in violence.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Yugoslav authorities are widely believed to interfere on
occasion in the private lives of citizens. Allegations of
such interference are most common from those citizens actively
engaged in nonofficial political activity. Although the
judicial system provides elaborate safeguards concerning
procedures for conducting searches, these safeguards are
sometimes ignored. Many Yugoslavs also believe that
authorities eavesdrop on conversations, read mail, and tap
telephones .

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YUGOSLAVIA

Yugoslav citizens are generally free to receive and read
foreign publications. Infrequently, the import or sale of a
particular issue of a foreign publication will be banned,
usually because the issue contains a story which the
authorities believe presents false or hostile information
about the regime. The publications of certain Yugoslav emigre
groups, particularly those that advocate the dissolution of
the Yugoslav Federation or redrawing of its internal political
boundaries, are considered hostile in themselves, and their
importation, possession, or sale is sufficient grounds for
bringing criminal charges.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Yugoslavia has continued its slow and sometimes halting
movement toward greater openness and freedom of speech and
press. In theory, both the Yugoslav Constitution and Yugoslav
law affirm these freedoms.

The Government grants some latitude in what it considers
nonnationalist and nonthreatening oral expressions of
disagreement with government policy. For example, in July
6,500 shipyard workers in Split addressed a letter of
complaint to local. Republic, and Federal authorities, about
the general state of affairs. The Government also tolerates
considerable commentary and criticism in academic and some
quasi-official public forums. Nonetheless, a few topics
remain sensitive, such as the status of the Autonomous
Province of Kosovo and tendentious interpretation of the
history of and relations between Serbs and ethnic Albanians.

With wide variations in local practice, the authorities
periodically seek to punish those who make allegedly
derogatory or inflammatory ethnic statements. Such "hostile"
oral statements and other forms of personal expression (e.g.,
painting slogans or singing "nationalist" songs) may be
grounds for criminal prosecution. During 1986 discussion
continued in the press and public about the desirability of
eliminating legal provisions against such so-called verbal
crimes, but it appears that such reform will not occur soon.

Although both Yugoslav law and practice impose some
restrictions on freedom of the press and freedom to publish,
press autonomy has increased markedly in recent years.
Neither the print nor broadcast media are censored prior to
dissemination. Press criticism of government policies and
proposals concerning domestic political and economic issues is
frequent and often sharp enough to spark government charges of
"irresponsibility." There is also ample criticism of the
Federal Cabinet and of the League of Communists at all levels,
but criticism of the State Presidency is rarer.

Government oversight of the media is through publication
boards, which include ranking party officials, and through
editorial staffs' use of self-censorship. This type of
control, however, is incomplete and varies from republic to
republic. Despite government pressure not to do so, for
instance, two Yugoslav publications carried portions of
official files detailing Kurt Waldheim's wartime activities in
southern Yugoslavia. The Slovenian youth press has attracted
criticism from other republics for its open coverage of issues
that are anathema to most senior party and government

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YUGOSLAVIA

officials, such as civilian alternatives to military service
and historical "reconciliation" among anti-Nazi resistance
forces during World War II.

There has been extensive press coverage of disagreement
between Albanians and Serbs in Kosovo. A prominent example
was a long article in a Slovenian periodical featuring an
interview with a senior Serbian activist who protested
"oppression" of the Slavic minority in Kosovo by Provincial
authorities, as well as a rebuttal by an ethnic Albanian
government official from Kosovo. At the same time, however, a
draft document drawn up in the fall of 1986 by the Serbian
Academy of Arts and Sciences was denounced by Serbian party
authorities for its "nationalist" content and alleged attack
on Tito. Overall, publications on these themes have attracted
considerable official criticism but virtually no legal
action.

Public prosecutors have the power to ban the publication and
sale of books or periodicals if authorities deem their content
"hostile." This power is rarely used, and few publications
are actually banned in a given year. It is difficult to judge
the degree to which the threat of a ban or of possible
reprisals against a publisher may discourage the publication
of controversial literature. Banning of publications is often
a local option, and standards of what is acceptable vary
throughout Yugoslavia.

In book publishing, the authorities generally provide only
loose political oversight. Police and prosecutors rarely
intervene. The works of Soviet and other Eastern European
dissidents are published in large press runs and sold widely.
Although works by some authors, such as Milovan Djilas, have
long been banned, many writers and publishers have been
testing the limits of the permissible. This has resulted in
occasional clashes with the authorities. Several books were
banned in 1986, including: an anthology of poetry by a group
of Kosovo professors, "Fourteen Authors," because of its
"nationalist" character; "Hunting Down of Heretics ' by
Vojislav Seselj , because of its treatment of the leadership of
Bosnia and Hercegovina; and "The Allies and Yugoslav War
Drama" by Veselin Djuretic, for its favorable portrayal of the
World War II Cetnik movement.

b. Freedom of Peaceful Assembly and Association

Public political demonstrations are permitted only by official
organizations and generally only in support of government
policies. Others are usually, but not always, suppressed.
Public gatherings and meetings of private organizations are
permitted but must be registered with the authorities.

Unauthorized mass marches were allowed to proceed in Belgrade
in February (involving about 150 people), April (500-600
participants), and November (about 150 participants). In
these manifestations, disgruntled ethnic Serbs and
Montenegrins from Kosovo Province came to Belgrade to air
complaints of alleged abuses by the ethnic Albanian majority
in that Province. The marchers met at length with government
and party officials. An attempted march in June (on the eve
of the party congress) was broken up in Kosovo by the police,
forcibly but with little violence.

A nascent antinuclear energy movement has enjoyed broad media
coverage and has used petition campaigns and public roundtable

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YUGOSLAVIA

discussions to promote its views. In the aftermath of the
Chernobyl incident in the Soviet Union, the Government pledged
a public debate on nuclear power before making a decision on
construction of Yugoslavia's second nuclear power plant.

The Socialist Youth Alliance of Slovenia has been actively
promoting the concept of civilian alternatives to military
service, and public debate on that issue is spreading. In
April, after the U.S. military attack on Libya because of its
involvement in terrorism, the Slovenian Peace Movement
organized three gatherings in that Republic, criticizing both
the U.S. and Libyan acts of "aggression/terrorism" as well as
Yugoslav policy on these issues.

The Committee for the Defense of Freedom of Thought and
Expression, of which the well-known Serbian writer Dobrica
Cosic and other prominent Yugoslav intellectuals are members,
continues to speak out occasionally on human rights and
political issues. In October it wrote to the Federal Assembly
calling for a number of reforms in the political and legal
system, including elimination of the "hostile propaganda"
provision of the Criminal Code. The jailing in February of
university professor Dragoljub Petrovic for his "offensive
statements" in a journal article prompted a number of protest
meetings on his behalf. During the summer a fund (initiated
by some 200 Yugoslav authors, professors, and journalists) was
set up to aid those who lost their jobs due to their political
opinions. The Serbian Writers Union held several meetings in
1986 to discuss the politically sensitive situation in
Kosovo. In November the Belgrade section of that organization,
through its Committee for Protection of Artistic Freedom,
issued a statement criticizing the 1984-85 trial of the
so-called Belgrade Six and calling for the release from prison
of Belgrade Six defendant Miodrag Milic.

Trade unions are organized geographically by republic and
province, and by trade within these boundaries. At the
Federal level, the trade union organization almost invariably
supports government policies while pleading that any negative
effects on workers be minimized. In practice, responding to
Yugoslavia's persistent economic difficulties, union leaders
are becoming more active in advocating worker interests on
such matters as the impact of inflation, standard of living,
and wage policies. Under Yugoslavia's system of
self-management, however, unions generally play a relatively
minor role in representing worker interests in the management
of enterprises, including distribution and levels of income,
determination of working conditions, and settlement of
disputes .

Strikes, usually referred to as "work stoppages," are neither
explicitly legal nor illegal. Most strikes involve either the
amount or distribution of personal incomes among the work
force of a particular enterprise. Although most are brief —
4 to 8 hours — some have lasted for several days.

The number of strikes continued to increase in 1986, primarily
in the more developed Republics of Croatia and Slovenia.
During the first 6 months, 383 work stoppages took place (12.3
percent more than during the same period in 1985), involving
more than 38,000 workers (53 percent more than during the same
period in 1985) . Both publicly and within the Government and
the party, the question of legalizing or regulating strikes
and of the role of the trade unions in strike situations is

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YUGOSLAVIA

being discussed. The apparent anomaly of labor strikes in a
worker self-management system is central to the discussion.

c. Freedom of Religion

Yugoslavia is a multireligious state. Most Yugoslav believers
are adherents of the Roman Catholic Church, the Serbian or
Macedonian Orthodox Churches, or the Islamic faith. Since
World War II, the Jewish community has numbered only several
thousand persons. There is a small Protestant community which
includes fundamentalist denominations. There is no official
or favored religion; the Government officially encourages
atheism.

Although freedom to practice religion is guaranteed under the
Constitution, public proselytizing, either through electronic
media or personal witnessing, is forbidden. The latter is
sometimes done anyway, particularly by Jehovah's Witnesses.
The religious communities have vigorous publishing programs,
although they do not have their own printing facilities.
Their publications are normally sold only through subscription
or at places of worship. As in 1985, religious groups were
able to distribute materials at the Belgrade International
Bookfair. Bibles and Korans are readily available. Contacts
with coreligionists abroad are extensive and unhindered.

The construction of new churches and mosqxies requires the
consent of local government authorities. Nearly all religious
groups have built or are building new facilities: ground was
broken in April for reconstruction of the Serbian Orthodox St.
Sava Cathedral in Belgrade; an estimated eight new mosques
were opened and the Zagreb mosque, the largest in Yugoslavia,
may be open soon; new Protestant churches began services in
Pristina, Pec, and Mostar; and authorities in Belgrade have
granted permission for a new Pentecostal Church in the heart
of the city.

Several large religious gatherings occurred without incident.
For example, some 60,000 people, including Federal, Republic,
and local authorities, gathered in May at the Serbian Orthodox
Studenica Monastery in southern Serbia to celebrate its 800th
anniversary. A crowd of about 10,000 in Hercegnovi celebrated
the second anniversary of the canonization of Croatian
Catholic Saint Leopold Mandic. Macedonian authorities
participated in "enthronement" ceremonies of the new
Macedonian Orthodox Church leader. Authorities continued to
tolerate large-scale pilgrimages by domestic and foreign
Catholics to Medjugorje, a village in Bosnia-Hercegovnia where
the Virgin Mary is said to appear regularly to several young
people, and relaxed earlier restrictions on building public
facilities at Medjugorje.

Religious believers of all faiths face possible discrimination,
For example, a party member who is a religious believer and
takes part publicly in the sacraments of the church risks
disciplinary action or expulsion from the party. Constraints
on occasional attendance at services and the religious
instruction of children vary from region to region. Primary
education outside the state system is not permitted in
Yugoslavia, but religious education at the secondary and
university level is allowed and exists for all major faiths.
Yugoslav religious communities also make vigorous efforts to
provide religious instruction outside of school for children
and young people.

1089

YUGOSLAVIA

Conflicts between the State and Yugoslav religious communities
develop if the latter engage in what authorities consider
"nationalist" or political activities. The authorities
frequently criticize the Catholic Church in Yugoslavia for
alleged support of Croatian nationalism and political
activism, and also have criticized the Serbian Orthodox Church
for alleged Serbian nationalism.

Occasionally, arrests are made on nonpolitical charges. For
example, the Serbian Orthodox priest Sava Nedeljkovic was
sentenced to a short prison term for allegedly hearing
confession and giving last rites in a private home without the
allegedly required advance permission. In that case, the
Yugoslav Catholic press and the Belgrade news magazine NIN
joined Serbian Orthodox spokesmen in publicly accusing the
authorities of having gone too far.

Yugoslav authorities regard ties between Yugoslav Muslim and
Islamic fundamentalist groups abroad with suspicion, although
those ties are weak. Despite Yugoslavia's lack of diplomatic
relations with Israel, Jews — including rabbis — travel between
the two countries, as do ordinary Yugoslav tourists and
journalists .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement within the country is guaranteed by the
Constitution and permitted in practice. However, someone who
wishes to move permanently from Kosovo now requires
permission. There is a prevalent belief among non-Albanians
that the outmigration of ethnic Serbs from Kosovo Province is
the result of anti-Serbian behavior (including personal
threats, vandalism, and occasional violent acts) on the part
of the ethnic Albanian majority. Serious efforts have been
undertaken at all levels of government to stem Serbian
emigration from Kosovo, or at least to ensure that ethnic
pressures are not to blame. Nonetheless, the emigration
persists and remains a significant political problem.

Almost all Yugoslavs are able to emigrate and seek employment
abroad. Half of the country's population possesses valid
passports, and no exit permits are required to visit the more
than 135 countries with which Yugoslavia has diplomatic or
consular relations. A very small number of Yugoslavs are
denied passports either temporarily or permanently on national
security, political, or criminal grounds. Over 600,000
Yugoslav workers, some with family members, are employed as
"guest workers" in Western Europe.

The law on the entry of foreigners to Yugoslavia notes the
right of permanent asylum and provides for government
assistance to persons granted that right. In addition,
Yugoslavia extends temporary asylum to refugees who, with the
assistance of the Belgrade office of the United Nations High
Commissioner for Refugees (UNHCR), seek permanent resettlement
in third countries. At present, there are about 900 such
refugees in Yugoslavia. There were no known cases in which a
refugee under UNHCR protection was forcibly repatriated.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The 2-mi 11 ion-member League of Communists of Yugoslavia
maintains a monopoly on political power, but its authority is

1090

YUGOSLAVIA

dispersed and diluted because the party is decentralized to
the level of the six republics and two provinces. Yugoslav
politicians and the press regularly note that the country's
eight regional party organizations hold widely differing views
on key political issues.

Governmental bodies are responsible for administering and
drawing up specific policies, especially economic policies.
At the top of the government structure are the collective
State Presidency (Chief of State), the Federal Executive
Council (Cabinet), and the Federal Assembly (Parliament). The
Presidency is responsible for overall policy direction. The
Federal Executive Council, headed by a chairman who is the
Prime Minister, is responsible for running the governmental
machinery and proposing specific legislation. Virtually all
government offices mandate a rotation of officials once every
year or 2 years, usually with the possibility of extension for
one additional term.

The Federal Assembly is responsible for enacting legislation.
It operates sometimes by majority vote and sometimes by
consensus among delegations representing the country's six
republics and two autonomous provinces. In recent years it
has been quite active and contentious. It has several times
rejected or drastically altered proposals endorsed by the
Federal Presidency and Cabinet, and it is often the scene of
sharp debates which are generally reported fully in the
media .

Federal laws must also be adopted separately by Republic and
Provincial Assemblies before they can be implemented, and thus
these local assemblies wield considerable power, amounting at
times to an actual veto of Federal authority. In certain
cases, delegates to the Federal Assembly must have authorizing
instructions from their Republic or Provincial Assemblies
before engaging in negotiation or compromise on Federal
legislative measures.

Selection to Communist party bodies is accomplished by the
party bodies themselves. Methods range from secret ballot and
majority vote to virtual appointment. Selection to government
bodies occurs via a delegate system. Nominations originate in
the various sociopolitical organizations which are members of
the mass umbrella organization, the Socialist Alliance of the
Working People. This includes the trade unions, the League of
Socialist Youth, and the Union of Veterans. On the local
level, ordinary workers can and do play an active role in the
selection process.

In the spring of 1986, elections were held throughout
Yugoslavia for local government and party offices. There was
a concerted effort to offer multiple candidates for each
opening, but this goal was not uniformly met. In some
instances, those running unopposed failed to draw the minimum
number of votes required for election.

At its 13th Congress in June, the League of Communists of
Yugoslavia approved new party rules, requiring the congress
(rather than the Republic and Provincial parties) to elect the
Central Committee by secret ballot and with a two-thirds
majority for election. A proposed amendment to require
multiple candidates in all party elections was turned down.

Yugoslavia's many ethnic groups generally have equal access to
political and government positions, especially through their

1091

YUGOSLAVIA

respective republics and provinces. There are some
allegations of political discrimination, particularly from
ethnic Albanians, that Serbs are overrepresented in the party
and government of Kosovo. However, in terms of percentages
and visibility, these allegations were not borne out by the
situation in 1986. Many senior executive government and party
positions rotate annually or biennially from one nationality
to another according to a predetermined national "key."

For a 4-year terra until the spring of 1986, the Federal Prime
Minister was a woman. Several high-ranking positions in the
current government are held by women, as is the presidency of
the Trade Union Federation. However, there are still
allegations that women cannot participate fully in government
and political life. While full and unimpeded oportunities for
women are mandated by law, women are under represented at
higher levels, reflecting longstanding social attitudes and
customs .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is sensitive to Western charges of human rights
violations within Yugoslavia; often it attempts to dismiss
such charges as efforts to bring pressure on Yugoslavia to
alter its social, economic, or political system. In the past,
government officials sometimes refused to meet with
representatives of international human rights groups. In
1986, however, the Appeal of Conscience Foundation from the
United States visited Yugoslavia and had access to a wide
range of Yugoslav officials, including at high levels. A
representative of the International Human Rights Law Group was
also well received, as was a Western parliamentary group
interested in the Yugoslav judicial system.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution guarantees the equality of citizens
regardless of sex, and there is no racial discrimination as
such. Despite government efforts, however, some social
discrimination continues, particularly against ethnic
Albanians and Gypsies. As noted above, in the Autonomous
Province of Kosovo there have been growing complaints by the
Serbian minority of discriminatory practices on the part of
the Albanian majority.

The Government has taken steps to improve the status of
women. Maternity leave for employed women is very liberal and
is routinely granted for periods between 9 and 12 months.
Depending on the republic, working mothers are given day-care
allowances based on their salaries and the number of children
to be cared for. Also, a working mother may take sick leave
when her child is ill for up to 2 years after its birth, and
the father may do so when the mother is ill.

The role of women in Yugoslavia's work force has slowly
improved as a result of increased education and urbanization.
According to statistics for 1984, 37.3 percent of the work
force in the socialized sector was composed of women, as
opposed to 34.5 percent in 1974. However, women still hold
relatively low and poorly paid positions in their respective
fields of employment.

1092

YUGOSLAVIA

The Constitution charges government authorities at all levels
with protection of the cultural rights of all the peoples of
Yugoslavia. The use of the major local language is required
in official communications between Belgrade and the various
republics, and local languages are used in the schools,
courts, and local media. The various nationality groups have
the right to use their own flags, with some restrictions.

CONDITIONS OF LABOR

Factories are owned in theory by society as a whole, with
their assets administered by their workers, organized in
enterprise-level workers' councils. In practice, the
influence of workers' councils varies, but they are actively
involved in determining workers incomes, fringe benefits, and
working conditions. Through their trade union organizations,
workers participate in decisions affecting housing,
transportation, continuing education, and other living and
working conditions.

Working conditions and safety are regulated by Republic and
Provincial laws. The standard workweek is 42 hours. Common
practice is to work five 8-hour days per week and one Saturday
per month. Most workers have the right to 1 month's paid
vacation per year, as well as extensive sick leave.

The minimum age for the employment of children is 16 years.
Of the unemployed in Yugoslavia, 78 percent are under the age
of 30, and, in practice, young people usually wait a long time
for their first job.

1093

U.S. OVERSEAS

■LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: yjGOSLAVIA

1984

1985

1986

I.ECON. ASSIST.-TOTAL..,

LOANS

GRANTS

A. AID

LOANS

GRANTS

(see. SUPP. ASSIST.) .. .

B.FOOO FOR PEACE ,

LOANS

GRANTS ,

TITLE I-TOTAL ,

REPAY. IN $-LOANS

PAY. IN FOR. CURR..,..

TITLE II-TOTAL

E. RELIEF. EC. DEV 3 WFP,

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS ,

NARCOTICS

OTHER

II.MIL. ASSIST.-TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING..
C.INTL MIL.E0.TRN5. ,
D.TRAN-E<CESS STOCK,
E. OTHER SRANTS ,

III. TOTAL ECON. S MIL,

LOANS

GRANTS ,

0.3

0.0

3.0

0.0

0.3

0.0

0.3

3.0

0.0

3.0

0.0

0.1

0.0

0.1

0.0

0.1

0.0

0.1

0.0

3.0

0.0

0.1

OTHER US LOANS. ...
EX-IM BANK LOANS.
ALL OTHER

48.0
47.2

0.3

0.7
0.0
0.7

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1584 1985 1986

1946-86

TOTAL

533.3

520.7

176.. 9

5586.1

I3RD

451.0

292.5

121.5

4650.2

IFC

64.7

101.6

55.4

584.8

IDA

3.0

0.0

IDB

D.O

0.0

AD9

0.0

AFOB

3.0

0.0

. 0.0

0.0

UNDP

3.9

0.3

0.0

33.0

OTHER-UN

0.0

o.b

0.0

3.1

EEC

66.7

126.3

0.0

310.0

1094

NEAR EAST. NORTH AFRICA, AND SOUTH ASIA

AFGHANISTAN

In April 1978, a bloody Communist coup toppled the government
of Afghanistan and, following the execution of many of the
previous government's leaders and their families, led to the
creation of the Democratic Republic of Afghanistan (DRA) . The
nominal leadership of the new regime was drawn from the
People's Democratic Party of Afghanistan (PDPA), a badly
f actionalized Communist party. After a period of intense
intraparty feuding and in the face of growing popular
resistance to the Marxist regime, the Soviet Union invaded its
small, nonaligned neighbor in December 1979. After 7 years of
fighting, between 116,000 and 118,000 Soviet troops, together
with the dwindling armed forces of the Kabul regime, were still
attempting to crush the resistance — the mujahidin — whom the
vast majority of the Afghan people continued to support. In
May 1986, the Soviets engineered the ouster of Babrak Karmal
as General Secretary of the PDPA and his replacement with the
Soviet-trained Najibullah, former head of KHAD, the Afghan
secret police.

Through a campaign of indiscriminate air and artillery
bombardment, the Soviets and the Kabul regime have sought to
terrorize the Afghan people into submitting to the regime's
authority or fleeing the country. As a result, conditions in
the country have deteriorated to the point that the U.N.
Special Rapporteur, in his report on the human rights situation
in Afghanistan submitted in February 1986, stated that
"continuation of the military solution will, in the opinion of
the Special Rapporteur, lead inevitably to a situation
approaching genocide." This policy has resulted in the violent
disruption of the lives of over one-third of Afghanistan's
prewar population of 15 million and the deaths of hundreds of
thousands of Afghan civilians.

Reports such as that of the U.N. Special Rapporteur detail the
number and scope of violations of international humanitarian
law being carried out with impunity by the Soviets and the
Kabul regime. Such laws include the 1949 Geneva Conventions
and customary international law for the protection of civilians
which proscribe murder, mutilation, and the massive use of
antipersonnel weapons; the 1925 Geneva Protocol and the 1972
Biological and Toxic Weapons Conventions; the 1954 Hague
Convention for the Protection of Cultural Property in the
Event of Armed Conflict; and prohibitions against torture and
other cruel treatment or punishment, including Article 7 of
the International Covenant on Civil and Political Rights.

The immediate objective of the Soviet occupation is the
establishment in Kabul of a secure and pliable client regime.
However, the Soviets' long-term objective appears to be the
absorption of Afghanistan into the Socialist camp. To this
end, Soviet advisers since 1979 have moved steadily into
controlling positions in Afghan ministries, the armed forces,
and the party. They now make or heavily influence all
significant political, military, and socioeconomic decisions
nominally made by the Najibullah regime. After 8 years of
Marxist rule, the regime's power extends only to Kabul and a
few other areas heavily guarded by Soviet forces.

Afghanistan was among the world's poorest nations before the
war began. Soviet and DRA military operations have further
impoverished the Afghan people, disrupted internal and foreign
trade and communications, and led to a general degradation of
the quality of life for those who have not fled. The reduction
in living standards has been compounded by the Soviets' and

1095

AFGHANISTAN

DRA's deliberate destruction of the country's agricultural
infrastructure .

Afghanistan lacks an independent judiciary to guarantee
fundamental human rights. The most feared and consistent
violator of human rights remains the secret police, formerly
known as KHAD but renamed the Ministry of State Security in
January 1986. Reportedly, more than 25,000 Afghans work full
time within the Ministry under the close supervision of Soviet
KGB "advisers." Many more Afghans are on the Ministry's
payroll as informants. To accomplish its task of maintaining
regime authority, the Ministry relies on intimidation,
surveillance, imprisonment, interrogation, and torture.

Under the Najibullah regime, the dismal human rights situation
deteriorated still further in 1986. There is no prospect for
an improvement in the human rights situation in Afghanistan
without a political resolution that includes complete
withdrawal of Soviet forces.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Arbitrary killing and other acts of violence against suspected
regime opponents were commonplace in 1986. On January 10 and
13, Soviet aircraft carried out bombing raids against the town
of Kohestan in Kapisa province and against Charikar, the
capital of Parwan province. There were many civilian
casualties in both locations, including 14 women and children
killed in Charikar alone. Later that month, a Soviet-DRA force
entered the village of Karch Laswari in Konarha province,
seized several villagers suspected of collaborating with the
mujahidin, and summarily executed them. On June 5-», Soviet
forces bombed civilian targets near Sanglok in Wardak province,
killing or wounding 20 civilians. As reprisals for mujahidin
attacks in the Maidanshar area of Wardak, Soviet bombing raids
in early August led to the deaths of approximately 50
civilians. A similar reprisal raid in October against the
village of Farza, 30 kilometers northwest of Kabul, resulted
in 30 civilian deaths. The Soviets and/or the DRA also
conducted such raids in June in the city of Herat, in July in
the Logar valley, near the city of Paghman throughout
September, and in the towns of Qarabagh, Shaka Dara, and
Estalef and surrounding villages during October.

The Soviets and the Kabul regime routinely execute captured
resistance fighters on the battlefield. Occasionally, however,
high-ranking captives are held for potential trades for Soviet
prisoners. There are no known DRA prisoner- of-war detention
facilities. The regime has claimed that captured mujahidin
are not prisoners-of-war but rather "bandits."

The regime continued in 1986 to execute political prisoners.
The Kabul press carried occasional reports of death sentences
meted out to alleged resistance fighters. Such reports
included the sentencing to death, in their absence, of major
resistance leaders and an April report of the "lynching" of
two men who were accused of spreading false propaganda about
the revolution. The report noted that the two had "met their
deserved fate. "

1096

AFGHANISTAN

There are persistent reports that some mujahidin units have
executed captured DRA military or party personnel. Although
mujahidin units increasingly recognize the value of holding
Soviet prisoners for public relations purposes or as a
commodity to be traded later for captured comrades, general
mujahidin field policy is apparently to kill rather than
release those prisoners who burden their operations or
jeopardize their security.

Mujahidin assassination attempts against both party and
government personnel and against Soviet military and civilian
cadre are relatively common. Mujahidin attacks on Soviet and
DRA posts have also resulted in the death and injury of
innocent bystanders.

b. Disappearance

There were, as in the past, many disappearances in 1986. In
most cases, family members learn eventually of the fate of
persons who disappear from government-controlled cities. The
unexplained disappearance of young males often means
impressment into the armed forces. In other cases, Afghans
are arrested and imprisoned or summarily executed for political
offenses. Some persons disappear as a result of the actions
of the mujahidin, who sometimes abduct or capture regime
personnel, military and civilian, and suspected government
collaborators .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

To extract information, intimidate regime opponents, and punish
suspected resistance sympathizers, the regime security services
frequently rely on torture. This policy appears to have
official sanction. As Amnesty International has noted in a
November 1986 report on torture in Afghanistan, many of the
testimonies available to it "refer to the presence of Soviet
personnel when prisoners are being interrogated under torture."
Physical or psychological abuse and intimidation remain the
standard techniques. Such torture reportedly includes electric
shock, beatings, banging heads against stone walls, deprivation
of sleep, extraction of fingernails, burning of genitalia,
hanging by the arms for extended periods, whipping, cutting
with knives, and pulling out of hair. There have been
unconfirmed reports of the imposition by Islamic judges, in
areas outside the regime's control, of extreme punishments such
as stoning and mutilation.

d. Arbitrary Arrest, Detention, or Exile

No constitutional or legal safeguards prevent arbitrary arrest
or detention. Afghans in areas controlled by the regime face
unwarranted seizure by security personnel. Detainees
frequently are not told of the charges against them before
trial, or in some cases are never brought to trial. Warrants
are not used nor is the right to a judicial determination of
the legality of detention respected. Some prisoners are held
incommunicado for years with their families uncertain whether
they are alive or dead. Although bail is occasionally granted,
it is not a regular feature of Afghan law. Formal charges, if
presented at all, may come only after months of interrogation.

The mujahidin frequently seize and detain Soviet military and
civilian personnel. Many remain prisoners, some are killed,
and some join the mujahidin. Under a 1982 agreement, the

1097

AFGHANISTAN

mujahidin have permitted the International Committee of the
Red Cross (ICRC) limited access to its prisoners. The
agreement also permitted the ICRC to take custody of a small
number of Soviet prisoners being held by the resistance on the
condition that they be interned in Switzerland for 2 years.
Under the same agreement, the DRA was to permit ICRC access to
resistance political prisoners in regime custody. The DRA
failed to live up to its commitment, leading eventually to an
ICRC decision to close its offices in Kabul. Continued ICRC
negotiations with the DRA in 1986 appear to have produced no
progress on the issue of ICRC access to prisoners.

e. Denial of Fair Public Trial

All courts, whether civil, military, "revolutionary," or
security, are controlled by the PDPA. Laws governing their
organization and jurisdiction establish as a first priority
the protection of the "revolution." As a conseguence,
plaintiffs may be denied their legal rights because of charges
regarding their political beliefs. Most persons accused of
nonpolitical crimes are tried in the civil court system under
the norms of pre-Communist judicial codes. Those political
detainees who are charged and brought to trial are usually
arraigned on allegations of treason, espionage, or terrorism
and are tried and sentenced in secret. As a rule, they must
provide their own defense without benefit of counsel. Death
sentences generally are carried out quickly after a perfunctory
review by the ruling Revolutionary Council. There is no
mechanism to appeal a death sentence endorsed by the
Revolutionary Council.

In areas not controlled by the regime, civil and criminal
cases are tried by Islamic judges (qazis) under Shari'a law
and according to Afghan custom.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Afghan regime and the Soviet occupation forces do not
recognize the right to privacy. Civilian areas are frequently
cordoned off and subjected to search. Members of the secret
police commonly accompany the military and check book titles
and correspondence for evidence of unorthodox beliefs or
antiregime connections. House-to-house searches are usually
carried out in predawn hours. Telephones, at least in Kabul,
are routinely tapped and correspondence monitored. Citizens
are warned not to listen to foreign broadcasts except those
from neutral countries or states friendly to the regime.

In an interview with a Western correspondent in September, the
Minister of Agriculture revealed a regime plan to relocate
up to 30,000 families from the eastern provinces to new lands
in the west. The plan, said to be voluntary, would be
implemented over the next 10 years. However, the Minister's
admission that "security concerns" would prompt the regime to
move people from mujahidin-controlled areas called the plan's
voluntary nature into question.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The regime and its Soviet backers consider the educational
system and the mass media essential to their long-term
objective of Sovietizing Afghan society and overturning

1098

AFGHANISTAN

traditional Afghan social and political institutions. The
regime tolerates no expression of ideas which have not been
approved by the party and its Soviet ideological supervisors.
Opposition viewpoints are suppressed, and criticism of the
regime or the Soviets is swiftly punished. The regime employs
censorship, surveillance, and oppression to ensure that all
publicly expressed views hew to the party line. There is no
academic freedom.

All media are owned and controlled by the regime and tightly
supervised by Soviet officials. The press, radio, and
television are used to convey regime policy and the Soviet
interpretation of world events. Soviet films and entertainment
programs are freguently featured on Afghan television to
reinforce that interpretation. The unlicensed import and sale
of foreign video and audio tapes, magazines, books, posters,
and other publications are forbidden. The great majority of
new books on sale in Kabul, irrespective of language, are
published in the U.S.S.R. Afghans are guarded in their private
conversations, even among friends or colleagues, lest
antiregime or anti-Soviet remarks be reported to the secret
police. Western radio broadcasts in the local languages are
regularly jammed, although some programs do get through to
Afghan listeners and constitute one of their main sources of
outside information.

b. Freedom of Peaceful Assembly and Association

There is no freedom of peaceful assembly or association in
areas controlled by the regime; only regime-sponsored and
orchestrated assemblies are permitted. The regime stages
"spontaneous" meetings to create the impression of popular
support. Demonstrations at Western embassies are arranged on
demand. All mass organizations are tightly controlled by the
regime .

Employees have been threatened with loss of jobs or
imprisonment if they refuse to join party organizations. In
some cases, families are warned that their children will be
forced out of school if they do not join one of the official
youth organizations. This campaign to restrict and channel
political and social activities has encouraged the further
exodus of the upper and middle classes.

Labor has no right to organize in any meaningful fashion.
Trade associations and unions of workers and of peasants are
closely modeled after those of the Soviet Union and serve as
vehicles for the Sovietization of Afghan society. The Central
Committee of Afghan trade unions, with a claimed membership of
150,000 workers, is an affiliate of the Communist-dominated
World Federation of Trade Unions.

c. Freedom of Religion

Afghanistan is an overwhelmingly Islamic nation, primarily
Sunni . There are some Shi 'a Muslims, particularly in the
Hazarajat area of central Afghanistan. Traditionally, small
urban enclaves of Hindus, Sikhs, and Jews have been tolerated.

Since the 1978 coup, religious organizations have been tightly
supervised. Major regime policies are promptly given the
imprimatur of the Ministry of Religious Affairs. Wherever
possible, the regime selects censors and pays mullahs for
individual mosques. Afghans consider many of these clerics to
be secret police agents. In the course of military operations

1099

AFGHANISTAN

and sometimes in acts of reprisal against civilian communities,
Soviet and DRA forces have damaged or destroyed mosques.
Mosques in the Qarabagh area, north of Kabul, and at Chandal
Ba'i, southwest of Paghman, were among those destroyed. The
famous Friday mosque in Herat was damaged during the summer
when the Soviets shelled parts of the city held by the
mujahidin.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Domestic travel remains severely curtailed by the war.
Surface travelers risk being caught in fights between
mujahidin and Soviet forces. Buses and other vehicles are
sometimes attacked by Soviet or regime helicopter gunships.
The civilian traveler is also faced with frequent checkpoints
or roadblocks set up by the Soviets, regime forces, mujahidin,
and, in some cases, bandits. Tolls are often extracted. Air
travel has become more hazardous because of occasional
resistance attacks on aircraft and airports.

The regime severely curtails foreign travel by Afghans under
its control. Travel to the West is effectively discouraged
and permission routinely denied for fear the traveler will not
return. Some businessmen can still obtain passports, but many
Afghans are forced to pay bribes of $1,000 or more for a
passport. Bank accounts and real estate are often demanded as
surety for return, and the regime is free to seize the property
of persons absent for more than a year. Pilgrims to Mecca are
carefully screened and are issued documents valid only for
Saudi Arabia.

Overland emigration is dangerous and for many prohibitively
expensive. Families attempting to leave the country have been
incarcerated, in some instances with their children. Soviet
and DRA forces regularly target civilians attempting to flee
to Pakistan or Iran. Despite the hazards and difficulties
entailed, approximately 4 million Afghans have fled abroad
since the Communist takeover in 1978. During 1986, "scorched
earth" tactics by Soviet and DRA forces continued to be a
major factor contributing to the mass exodus of refugees. The
regime maintains that exiles are welcome to return without
penalty if they agree to support the objectives of the
"Revolution." It has not substantiated its claims that many
refugees are returning to Afghanistan.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Afghanistan is a totalitarian state ostensibly ruled by Afghans
and the PDPA but is in reality controlled by the Soviet Union.
Citizens have no right to change their government. The PDPA
is modeled closely on the Soviet Communist Party and is headed
by a 14-member Politburo. Soviet military and civilian
advisers (the latter numbering approximately 9,000) sit in all
ministries and make or approve all significant decisions.
Membership in the PDPA is a prerequisite for meaningful
participation in public affairs and professional advancement
in most fields.

1100

AFGHANISTAN

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Kabul regime has resisted all efforts by international
humanitarian organizations to investigate its human rights
practices. During 1986 it refused to permit the International
Committee of the Red Cross to monitor the conditions of, or
have access to, mujahidin prisoners it holds, notwithstanding
a 1982 agreement with the ICRC in which it undertook to permit
access .

The Soviets and the Kabul regime strongly opposed the renewed
mandate given the Special Rapporteur on Human Rights in
Afghanistan by the United Nations Human Rights Commission.
They refused to cooperate with the Special Rapporteur's efforts
and declared that they would not be bound by any of his
findings. The regime also denounced the efforts of groups
such as Amnesty International and Helsinki Watch.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The participation of Afghan women in activities beyond the
home and field is severely limited by traditional beliefs,
customs, and religious practices. In areas under resistance
control, the role of women follows traditional lines. The
social position of some women, generally associated with the
PDPA, has tended to improve in Kabul and other cities
controlled by the regime. Access to education by younger
women has increased and women have been placed in a number of
nontraditional professions such as radio and television,
banking, and the civil service. However, few women hold
responsible decisionmaking positions. The vast majority of
women under regime control have seen no improvement in their
social position or status.

CONDITIONS OF LABOR

Due to the current situation in Afghanistan, information on
the conditions of labor is not available.

1101

U.S. OVERSEAS -LOANS AND GRANTS- 031.1 GAT IONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: AFGHANISTAN

1934

1935

1986

I. SCON.
LO
GR
A. AID
LO
GR
(SEC
a. FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOT AL. .

ANS

ANTS

ANS ,

ANTS ,

.SUOP. ASSIST.) .. ,

FOR PEACE

ANS

ANTS ,

I-TOTAL ,

. IN $-LOANS

IN FOR. CURR

II-TOTAL ,

lEF.EC.DEV J WPP,

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING....
:.INTL MIL.ED.TR^G. .. .
3.TkAN-EXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON. 4 MIL...

LOANS

GRANTS

0.0

3.4

0.0

3.4

0.0

0.3

3.4

0.0

3.4

0.0

3.4

0.0

3.4

0.0

OTHER US LOANS. ..
E>(-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.0
0.0

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1954 1935 1936

1946-86

TOTAL

6.3

1 .7

0.0

449.4

I8R0

0.0

IFC

0.0

0.3

lOA

0.0

226.6

103

0.0

A03

3.0

0.3

0.0

95.1

AF03

3.0

0.0

UNDP

6.3

1.7

0.0

91.7

OTHER-UN

0.0

O.'O

0.0

35.7

c = :

0.0

1102

ALGERIA

According to its Constitution, Algeria is a Socialist, Islamic
state in which ultimate power is vested in a single political
party, the Front de Liberation Nationale (FLN) . As Secretary
General of the party. President of the Republic, and Minister
of Defense, Chadli Bendjedid holds the key decisionmaking
positions. Nonetheless, most important decisions are taken by
consensus involving the military, the Government, and the
party elites. These elites are bound together by the common
experience of a harsh struggle for independence, obtained from
France in 1962. A sense of "revolutionary, anticolonial
mission" is basic to their self-perception of what Algeria is
and ought to be. This revolutionary consensus is the principal
source of popular legitimacy for the Government and the nation.

In January 1986 Algerian voters overwhelmingly approved a
referendum on revisions to the National Charter, the country's
basic political document, first promulgated in 1976. Though
retaining Algeria's Socialist orientation, the revised Charter
places increased emphasis on the Islamic roots of the country's
political and economic system and calls for greater private
sector participation in service and light industries and the
achievement of agricultural self-sufficiency. The current
5-year plan (1985-1989) reaffirms the Government's shift in
emphasis from heavy industry to development of agriculture,
job creation, and the satisfaction of unmet social needs in
the fields of housing, education, and health. The major
decline in 1986 of government hydrocarbon revenues has
adversely affected performance in some of these areas, as has
the continued high rate of population growth.

Urban police and the rural-oriented gendarmerie generally
adhere to constitutional guarantees against arbitrary arrest
and imprisonment. Military security forces, in practice, are
given greater leeway to make arrests, and there are charges of
abuse and torture. Those making such charges have not,
however, been able to document them.

Although the Constitution contains human rights guarantees,
civil liberties remain restricted. Political rights, in
particular, are circumscribed by the party and the Government
which limit the electoral choices and restrict public debate
to officially sanctioned forums and issues. A number of
prominent human rights activists have been imprisoned and
otherwise penalized for their activities. Algerians have the
right to possess private property and are generally free to
pursue private interests without state interference. Some
Berber elements claim to be the object of discriminatory
treatment. The Government, however, has sought to reduce
tensions with Berbers, who constitute from one-fourth to
one-third of the population, by accommodating some of their
cultural demands and investing heavily in the development of
Berber-dominated areas .

The human rights situation remained essentially unchanged in
1986 except for the Government's forced repatriation in May of
between 20,000 to 30,000 drought victims from Niger and Mali
who had sought refuge in southern Algeria over the previous
2 years. Although there had been increasing confrontation
between the Government and the Berber minority in 1985, there
were no overt confrontations in 1986, and a few members of two
illegal, predominantly Berber organizations were released
after completing their sentences. Others serving longer
sentences remain in prison, as do a group of political

1103

ALGERIA

oppositionists arrested 2 years ago who are still awaiting
trial.

RESPECT FOR HXJMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

Abductions, secret arrests, and clandestine detention are not
condoned nor known to be practiced. There were no accusations
of such practices in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture and in 1986 there were no
confirmed reports of torture. However, Amnesty International's
1986 Annual Report, covering the year 1985, said it had
received reports of torture and other ill-treatment of
prisoners .

Persons convicted of civil crimes are sent to provincial civil
prisons, while those found guilty of more serious crimes
against the State, such as treason or terrorism, or those who
have committed crimes which carry the death penalty, such as
murder, kidnaping, or rape, are sent to one of three
penitentiaries. Conditions in both types of institutions
range from primitive to modern; conditions in penitentiaries
are reportedly worse than those found in the more numerous
civil prisons. In the primary civil prison in Algiers,
prisoners are often crowded together, and sanitary arrangements
are poor. Better conditions are found in some outlying
prisons. Although all prisons have medical facilities, and
each prison has a contract with a local doctor who visits the
prison regularly to treat ill prisoners, medical care is
generally rudimentary. Seriously ill prisoners may be sent to
local hospitals. Prisoners in both civil prisons and
penitentiaries are fed a bland, starchy diet, and long-term
prisoners rely on family support to augment this diet.
Families are allowed to visit civil prisons once a week; it is
considerably more difficult to visit prisoners held in
penitentiaries. At the discretion of local prison authorities,
conjugal visits are sometimes permitted in civil prisons.

d. Arbitrary Arrest, Detention, or Exile

The Constitution states that no one may be prosecuted,
arrested, or held except as provided by law. It also provides
that detention for questioning in criminal investigation cases
cannot exceed 48 hours, after which the suspect must be charged
or released. The penal code provides for informing detainees
immediately of charges against them. Algerian law does not
include a bail system. Lawyers are allowed access to their
clients at any time. Meetings take place under the visual
supervision of a guard.

Despite these constitutional safeguards, military security
forces have held suspects up to a month before releasing or
charging them. Military security officials are authorized to

1104

ALGERIA

investigate not only military offenses but also cases
involving internal security and espionage. In cases that
involve subversion, they may also investigate civil crimes.

Once charged, an individual may be held under preventive
detention while his case is investigated. This detention can
last years: as of October 1986, an undetermined number of
political oppositionists (perhaps as many as 15) associated
with former President Ben Bella remained in prison. They
reportedly were arrested for distributing antigovernment
tracts 2 years ago and are still awaiting trial.

Persons arrested for the expression of views critical of or
different from those of the Government are generally charged
with disturbing the public order, associating with illegal
organizations, or, in extreme cases, threatening state
security. Recent sentences of persons convicted of these
crimes range from 1 year to life imprisonment. Amnesty
International has noted its concern about cases of prolonged
incommunicado detention.

There is no forced labor.

e. Denial of Fair Public Trial

Defendants have free access to counsel, and there is no
harassment of defense counsel. As far as is known, defendants
are made fully aware of the charges against them at the time
they are bound over for trial. Trials are public, although
not generally publicized, and defendants have the right to
appeal. The judicial system is divided into three parts:
civil courts, military courts, and the State Security Court.
There are no Islamic courts in Algeria.

The civil courts are generally independent of executive or
military control. Military courts deal directly with espionage
and with offenses committed by military personnel. The State
Security Court at Medea is not in permanent session but has
jurisdiction over cases that are deemed "to endanger the
national security." At least a ministerial-level decision is
required to refer a case to the State Security Court which
generally provides procedural protection similar to that of
civilian courts. Interested observers are allowed to attend
trials held in this court.

In its 1986 Report covering 1985, Amnesty International said
it was concerned by reports that confessions presented as
evidence in one trial of 40 detainees had been obtained under
torture.

All political prisoners arrested prior to February 1979,
including former President Ben Bella, have been released since
President Bendjedid took office. The Government has continued
to encourage additional supporters of Ben Bella to return.
Ben Bella himself has remained abroad. Following a letter-
writing campaign by Amnesty International, the internationally
known human rights lawyer Ali Yahia Abdennour , convicted in
December 1985 for helping to found the Algerian Human Rights
League earlier in the year, was released in June upon
completing an 11-month sentence. Also released in June was
Nourredine Ait Hamouda, son of a famous revolutionary war hero
who had been convicted along with Ali Yahia for membership in
both the Human Rights League and another illegal, predominantly
Berber organization, the Sons of Martyrs of the Revolution.

1105

ALGERIA

Other defendants in the case who received longer sentences
remain in prison.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Membership in political organizations is not required, except
for senior government and military officials who must be
members of the party. There is an efficient police force
responsible for tracking possible sources of dissent, which is
believed to use informer systems. Telephone monitoring systems
are believed to be used, rarely with prior court authorization.

Inviolability of the home is guaranteed by the Constitution and
generally is honored in practice except in cases involving
military security. Police may not enter a house without a
warrant from the local prosecutor or investigating magistrate,
nor may they enter a residence during night hours.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the Constitution guarantees freedom of expression, it
also states that such freedom may not be used to "undermine the
foundations of the Socialist revolution." All print media are
published either by the Government or the party, and all
journalists are government employees. The distribution of
foreign newspapers and magazines is controlled.

Some foreign publications are available in small quantities.
However, the French-language weekly Jeune Afrique is
proscribed, and the French daily Le Monde is occasionally
seized. Radio and television stations are also government
controlled. The Government does not permit criticism of its
authority, of socialism, or of the one-party system. Criticism
of specific domestic programs and policies as well as the
performance of government utilities and state enterprises is
allowed, including on state-run television and in the weekly
organ of the ruling FLN party. Revolution Africaine.

b. Freedom of Peaceful Assembly and Association

All nongovernment associations must be approved by state
authorities who have traditionally refused to recognize groups
with political, economic, or social views that differ from
those of the FLN. There is only one legal political party and
one labor union, the General Union of Algerian Workers (UGTA) .
These and other mass organizations for youth, women, farmers,
veterans, and professional groups are all tightly controlled
by the party and constitute the primary government-recognized
associations. They play key political roles in mobilizing
popular support for various government programs and elections
and maintain relations with recognized international bodies in
their fields, such as the International Labor Organization.

Workers and employers do not have the right to organize
independent unions. Strikes are illegal in the public sector,
but workers have successfully used strikes and work stoppages,
without sanction of the national union, to win more pay and
protect benefits. Most labor-management disputes, however,
are solved by union representatives and Labor Ministry
inspectors meeting with managers. While collective bargaining
in the strict Western sense is not practiced, the UGTA does

1106

ALGERIA

engage in industry-wide negotiations on behalf of workers
under its umbrella.

Although individuals are technically free to assemble, security
personnel watch public gatherings closely, and all nonparty
associations must receive government recognition to exist
legally. Unlike in previous years, no major demonstrations
resulting in significant arrests occurred in 1986. However,
both the Human Rights League and the Sons of Martyrs groups
continue to be refused official recognition.

Some very limited political opposition, such as student
demonstrations, is tolerated. Opposition political tracts are
sometimes circulated, almost certainly with official knowledge,
but persons caught with them may be subject to arrest.

c. Freedom of Religion

Legally an Islamic state, Algeria protects the rights of the
very small Christian and Jewish minorities to worship in their
churches and synagogues. There is little evidence of
individual prejudice. Proselytizing is not permitted. The
Christian clergy directs its activities to the non-Muslim
non-Algerian community.

The Islamic clergy is government trained. Friday sermons are
not formally censored, but government monitoring constrains
the clergy's freedom of expression. Religious travel such as
the pilgrimage to Mecca is government organized.
Fundamentalists responsible fpr an August 1985 attack on a
police academy outside Algiers remained at large at the end of
1986. The fundamentalist Muslim Brotherhood is banned, and
its members are reportedly subject to police harassment. This
group is rooted in a centuries-old tradition of North African
mysticism and has been used as a vehicle for propagating
fundamentalist ideas such as the creation of an Islamic state
in Algeria that would subordinate secular authority to that of
religious leaders.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom to travel within Algeria and abroad and to emigrate is
guaranteed by law and generally is respected in practice. One
of the first acts of the Bendjedid Government was to remove
the exit visa requirement. However, the human rights lawyer,
Ali Yahia Abdennour , was prevented by authorities from leaving
Algeria after his release from prison in June when his passport
was taken from him at the airport as he was attempting to leave
Algeria to attend a human rights meeting in Paris. Government
permission is necessary to travel to Morocco. Men who are
19 years or older must have proof of completion of mandatory
2-year military service, and employees of state organizations
who are paying back educational scholarships through work must
have valid leave papers to exit the country. Passports may
sometimes take months to acquire, although this situation is
improving. The amount of hard currency which Algerians may
carry abroad (the equivalent of $200 every other year) remains
the primary limitation on foreign travel.

Except for foreign diplomats, who must apply for permission to
travel farther than 50 kilometers from Algiers, travel within
Algeria is generally unrestricted, except in areas designated
as "military zones." Visitors must register with the police
if they are staying overnight in a locality. Gendarmerie

1107

ALGERIA

checkpoints in the countryside routinely inspect vehicle
registrations and, occasionally, search vehicles. The
50-kilometer limit for diplomats is not strictly enforced, and
permission to travel farther is quickly granted upon
application.

The Constitution provides for the right of political asylum.
It is estimated that more than 100,000 refugees from the
Western Sahara live in camps in southwestern Algeria. They
are largely supported by the Government and, to a much lesser
extent, by the United Nations High Commissioner for Refugees.
In May the Government moved to expel an estimated 20,000 to
30,000 Sahelian drought victims from Niger and Mali who had
taken refuge in southern Algeria in recent years, and who the
Government claimed had failed to register in one of the four
established refugee camps near Tamanrasset or who had drifted
away from these camps. These expulsions reportedly took place
under difficult conditions, and there were reports at the time
that perhaps as many as 30 refugees died of thirst or
starvation while attempting to make their way back to Algeria.
According to various sources, about 15,000 duly registered
drought victims remain in the camps and continue to be
supported by the Government .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Major political decisions are made by the top leadership of
the party. Government, and military, all three headed by
President Bendjedid. The political process is confined to the
single party, which significantly limits deviation from the
path prescribed by ruling authorities. Basic policy decisions
are not strictly questioned, but popular grievances are aired
within the party organization. Some diversity of views is
also evident in the National Popular Assembly, the provincial
and local councils, and the government-controlled press. The
National Assembly, in particular, has asserted itself recently
and managed to modify key aspects of important pieces of
government-sponsored legislation during its 1986 sessions.

There is universal adult suffrage. All candidates for public
office are nominated by the party, but voters usually have a
choice among two or more candidates.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Algerian Government does not readily discuss its human
rights problems with outside governmental or nongovernmental
organizations. The Algerian Human Rights League, which
attempted to establish itself as an independent human rights
organization in 1985, still has not received government
approval and, as noted above, some of its members have been
imprisoned. There were no visits to Algeria by any
international human rights organizations during 1986.
Algeria participates in U.N. and regional human rights forums.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

It does not appear that minority groups are treated unfairly
in terms of their access to jobs, housing, education, and
health care. The Government's difficulties in meeting these
social needs are mostly linked to the country's extremely

1108

ALGERIA

rapid population growth, and minorities seem to fare no better
or worse than the Arab majority under these circumstances.
The Government has given extra attention to building houses,
schools, and municipal infrastructure in Berber regions, and
the rate of school attendance among Berbers is higher than in
most other parts of the country. Nevertheless, Berber
particularism remains strong and is fueled mostly by Berbers'
desire to preserve their distinctive cultural identity and
language in the face of the Government's emphasis on the
development of Algeria's Arab identity. Berber spokesmen
assert that the Government seeks to repress the distinct
Berber culture.

Women generally enjoy equality under the law, but there are
exceptions. For example, the 1984 family code permits male
polygamy, makes it more difficult for a woman than a man to
obtain a divorce, and awards only 4 months of alimony to the
woman in the event of divorce, regardless of the husband's
means and the circumstances under which the divorce was
obtained. Both culture and tradition make it difficult for
women to follow an independent path; a woman remains throughout
her life under the legal "tutelage" of a man, regardless of
her age or civil status. About 250,000 Algerian women work
outside the home, and an increasing number are trained and
employed in the more liberal professions. Ten women are
delegates in the National Popular Assembly, two are members of
the party's Central Committee, one is a state minister, and
women serve in the armed forces. However, working women
represent less than 3 percent of the female population and
less than 8 percent of the labor force.

The literacy rate in Arabic or French (or both) among males
over the age of 9 is 65 percent and only 40 percent for females
in the same category. However, an effort has been made to
close the gap separating women from men in education.
According to government statistics, 72 percent of all
school-age girls were enrolled in 1985. Algeria also has
launched a nationwide program encouraging "birth spacing" as a
means of safeguarding a mother's health, improving infant
care, and reducing the high population growth rate. The
program provides free access to contraceptives and counseling
on a voluntary basis. Abortion is illegal.

CONDITIONS OF LABOR

Algeria's 1978 General Workers' Statute provides for a normal
workweek not to exceed 44 hours, a full 24-hour rest period,
and a minimum wage. It prohibits employment of persons under
16 years of age. The Statute also sets out minimum worker
safety standards and standardizes pay according to the work
performed. Although the law has not yet been fully implemented
in all economic sectors, most of its provisions are respected.

1109

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: ALGERIA

1934

1985

1986

I.ECON

A. AID

L
G

(se

3.F00

TITLE

REPA

PAY.

TITLE

c.RE

VOL.

C.OTH

. ASSIST. -TOTAL.,

OANS

RANTS ,

OANS

RANTS

C.SUCP. ASSIST.) . .
0 FOR PEACE.. .. ..

OANS

RANTS

I-TOTAL ,

Y. IN S-LOANS....

IN FOR. CURR.. . . ,

II-TOTAL

LIEF.EC.DEV 5 WFP,
RELIEF AGENCY.. .. ,
ER ECON. ASSIST..,

OANS

RANTS

PEACE CORPS

NARCOTICS

OTHER

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.3
0.0
3.3
0.0
0.0
0.0

0.0
0.3
0.0
0.3
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
D.O
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG.,
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

0.0
0.0
0.0
0.0
O.D
0.0
0.0
0.0

0.1
0.0
0.1
0.0
0.0
0.1
0.0
0.0

0.0
0.0
3.0
0.0
0.0
0.0
0.0
0.0

III. TOTAL ECON. S ,MIL,

LOANS

GRANTS

0.0
0.0
0.0

0.4
0.0
0.4

0.0
0.0
0.0

OTHE

R US LO

IM BANK

OTHER.

ANS. .

0.
0.
0,

.0
.0
.0

0,
0,

.0
.0
.0

0.
0.
0.

EX-

LOAf

ALL

ASSI

STANCE

FROM

INT
1'

ERNATIONAL
34 1985

AGENCIES
1986

1946-

-86

TOTAL

413.6

262.8

75.0

2089.9

IBRD

418.0

262.0

0.0

1881.0

IFC

0.0

IDA

0.0

0,0

103

0.0

A09

0.0

AFDB

0.0

13.4

UNDP

0.2

0.7

0.0

57.1

OTrlER-UN

0.4

0.1'

0.0

8.1

EEC

0.0

75.0

130.3

1110

BAHRAIN

The extended family of the Al Khalifa has ruled the State of
Bahrain since the late 18th century and dominates Bahrain's
society and government. The Constitution confirms the Amir as
hereditary ruler. The Amir has suspended some provisions of
Bahrain's 1973 Constitution, including those articles related
to the National Assembly which the Government disbanded in
1975. In practice, there are few judicial checks on the
authorities .

Bahrain's leadership seeks to foster the open social and
Commercial environment needed to attract international
business, while protecting the ruling family's preeminence,
preventing sectarian violence, and thwarting externally
inspired subversion. Bahrainis are divided between Shi ' a and
Sunni Muslim communities. Unofficial estimates indicate that
over two-thirds of the population are Shi 'a. The ruling family
is Sunni, and the Sunni community tends to be wealthier and
more influential than the Shi 'a, although there are conspicuous
exceptions. while extreme poverty is rare, and the Government
makes great efforts to assure full employment, the Shi 'a as a
group are disadvantaged, a situation which adds to the
potential for externally inspired subversion. Two clandestine
political groups with links to Iran have drawn support from
some Shi 'a, and two underground, secular leftist groups
advocate violent political change.

The human rights situation was essentially unchanged in 1986.
Political activity remained strictly controlled, as in the
past, and arrests for antiregime political activities occurred.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings.

b. Disappearance

There were no known disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Although government policy prohibits torture, and there were no
reports of torture, there is evidence that persons suspected of
security offenses sometimes suffer physical abuse during arrest
and interrogation. It is not known what happens during
detention in security prisons (where questioning may continue
after sentencing) since visits by nongovernment persons are
prohibited. Medical examinations by nonprison doctors have
also been denied. There is no evidence of a policy of
systematic physical mistreatment of criminal offenders.

d. Arbitrary Arrest, Detention, or Exile

Political activity is severely controlled by the security
forces, and individuals are sometimes detained arbitrarily on
suspicion of antiregime political activity. Activities that
could lead to arrest or questioning include membership in
subversive, illegal organizations, painting antiregime slogans
on walls, joining antiregime demonstrations, possessing or

nil

BAHRAIN

circulating antiregime writings, preaching sermons with an
antiregime tone, or harboring persons committing such acts.

Reliable estimates indicate that 50 to 100 persons are now
being held for antiregime political activity. Detainees are
sometimes held incommunicado for lengthy periods, although
family members can usually learn of a detainee's whereabouts.

The Government prohibits the use of forced or compulsory labor.

e. Denial of Fair Public Trial

A person arrested may be tried in either a civil court or the
Security Court. Civil trials provide procedural guarantees,
including open trial, the right to counsel (including legal aid
for indigents), and the right of appeal. Security cases,
however, are tried directly by the Supreme Court of Appeal
sitting as the Security Court. Trials are held in secret,
there is no right to judicial review of the legality of
arrests, and the Court is exempted from adhering to the
procedural guarantees of the penal code. Sentences imposed by
the Security Court can, at the discretion of the Court, be
referred to the Amir for clemency, a procedure not customarily
allowed in civil court cases.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Interior Ministry can authorize entry into private premises
without judicial authorization. Telephone calls are subject to
monitoring and the police sometimes open mail. Police informer
networks exist .

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees the right "to express and propagate
opinions", but in practice Bahrainis cannot freely challenge
the legitimacy of the regime in speech or writing. Criticism
of government policies and programs in such areas as municipal
services and education is tolerated and commonly seen in the
press .

The Information Ministry exercises wide powers over the local
media and the press generally follows official policy closely.
In the past, minor deviations have brought closure of the
offending newspapers. There have been no closures since 1980,
primarily because editors fully understand the limits of
government tolerance. In 1986 the Government expelled the
Reuters bureau chief as a result of an article that displeased
it. The State owns all radio and television stations. All
newspapers are privately owned but subject to government
censorship. A former Information Ministry official serves as
the editor of the only Arabic daily paper, which is regarded as
semiofficial .

b. Freedom of Peaceful Assembly and Association

Public political demonstrations are prohibited in Bahrain.

Bahrain's Constitution affirms the right of free assembly. A
number of professional organizations exist, including groups of
lawyers, physicians, engineers, and businessmen. The large
number of social and sports clubs have traditionally served as

1112

BAHRAIN

forvims for discreet political discussion. The Government
monitors the activities of these organizations, which are
generally small and limited in scope.

The Constitution recognizes a limited right of workers to
organize. While trade unions are illegal, the Government has
encouraged the formation of elected workers' committees in
major companies. Worker representatives are empowered to
discuss wages and working conditions with management, but not
to engage in collective bargaining, and there is no right to
strike. These committees now represent some 10 percent of the
work force. The workers' committees choose members of a
national committee. This body represents Bahrain in
international labor organizations. Expatriate workers, about
60 percent of the work force, are denied these limited trade
union rights.

c. Freedom of Religion

The native population is overwhelmingly Muslim and Islam is the
state religion, but expatriate Christians maintain places of
worship and enjoy considerable freedom to practice their
religion. Christian publications are readily available in
bookstores, but proselytizing is not permitted.

Although there are notable exceptions, Sunni Muslims tend to
enjoy a more favored status than Shi 'a among Bahrainis. Sunnis
are given preference for employment in the Government . Shi ' a
religious assemblies are subject to government control and
monitoring, but there is no interference with routine Shi ' a
worship or religious activities. Public religious events, most
notably marches by members of the Shi ' a community, are
permitted but are watched closely by the police.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Bahrainis are free to move within the country and change their
place of residence or work. There are restrictions on the
number of Bahrainis permitted to make pilgrimages to Shi ' a holy
sites in Iran. Refugees are not repatriated to countries they
have fled, but are obliged to depart Bahrain immediately.
Passports can be denied on political grounds. Some persons
living abroad and suspected of political offenses may face
imprisonment without public trial upon return to Bahrain.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Bahrain is ruled by the Al Khalifa family, headed by the Amir.
Government positions are not elective. The average Bahraini
influences government decisions only through the submission of
written petitions, informal contact with senior officials, and
attendance at the Amir's public audiences. No political
parties are permitted.

There are four clandestine political groups that advocate
violent revolution. The Islamic Front for the Liberation of
Bahrain, the group responsible for the 1981 coup attempt, and
the Islamic Call Party have ties to Iran and attract Shi 'a
support. Both advocate the establishment of an Islamic
republic. Two underground leftist groups, the Popular Front
for the Liberation of Bahrain and the National Front for the
Liberation of Bahrain, have ties with radical Arab regimes and
the Soviet Union.

1113

BAHRAIN

Section 4 Governitiental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No private human rights group is known to have visited Bahrain
in 1986. The last indication of the Government's attitude
toward such investigations was in 1982, when Amnesty
International sent a team to observe the trial of those accused
of plotting the violent overthrow of the regime. The team met
with government officials and defense counsel, but was not
allowed to attend the closed trial. There are no
nongovernmental organizations established in Bahrain to protect
individual liberties.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Bahrain's Shi 'a, as a group, suffer from economic
discrimination. Statistics are unavailable, but Shi ' a tend to
be employed in lower-paid, lesser-skilled jobs than Sunni
workers. Social and municipal services in Shi 'a neighborhoods,
particularly the villages, are markedly inferior to those found
in Sunni communities.

Many legal rights of concern to women are subject to Islamic
law. Women have rights to their own property, but daughters
receive less inheritance than sons, and a widow must share her
husband's estate with her own children. Although a wife may
divorce, she must specify grounds. Women must obtain the
permission of the male head of the household to obtain a
passport. With the development of the Bahrain! economy, women
have increasingly taken on jobs previously reserved for men.
They constitute about 18 percent of the Bahraini work force.
The Government has encouraged the trend toward equality, has
enacted special laws to promote female entry into the work
force, and is itself a leading employer of women. Most of
these positions are clerical, but women hold some senior
positions. The labor law grants women 60 days of paid
maternity leave, and nursing periods during the working day.
The status of women is a continuing subject of debate. Many
women subscribe to traditional interpretations of Islam and
voluntarily adopt socially conservative roles.

CONDITIONS OF LABOR

Bahrain's labor law provides for acceptable conditions of work
for all adult workers, including adeqxiate standards regarding
minimum wages, hours of work, and occupational safety and
health. In practice, however, expatriate workers, who account
for about 60 percent of the work force, are seriously
disadvantaged by the requirement that all foreign workers must
be sponsored in order to work. Under this system, sponsors can
cancel the residence permit of any person under their
sponsorship and blacklist individuals so that they cannot
obtain entry or residence visas from another sponsor. Such
power contains the inherent potential for exploitation and
foreign workers are often unwilling to report abuses for fear
of forced repatriation. Bahrain's labor law does not recognize
the concept of equal pay for equal work. Asian workers are
often paid less than Bahrainis or Westerners with the same
qualifications, and women are generally paid less than men.
The minimum age for employment in Bahrain is 14 years.
Juveniles betweeen the ages of 14 and 16 receive special
protection under the labor laws. They may not be employed in
hazardous conditions or at night, and may not work over 6 hours
a day or on a piecework basis.

1114

BANGLADESH

Bangladesh underwent a transition from a Martial Law
Administration (MLA) to civilian rule in 1986. The Chief
Martial Law Administrator and President, H.M. Ershad, had
taken power in a bloodless coup in March 1982 and had ruled
under martial law from that time. Under Ershad' s guidance, a
series of steps was taken leading up to the return of civilian
rule; these included Bangladesh's first parliamentary elections
in 7 years in May 1986, the surrender by military courts of
their civil jurisdiction, the return of regional martial law
administrators to the barracks, the lifting of most
restrictions on political activity, and, in October, the
election of Ershad to a 5-year term as civilian President.
Earlier, Ershad had given up his post as Chief of Army Staff
and retired from the army. On November 10 Ershad officially
lifted martial law.

During the last year of martial law, the Martial Law
Administration (MLA) continued to be restrained in its
application of theoretically unchecked powers. The regime
became less heavy-handed as the leadership became less
preoccupied with its initial objective of eradicating
corruption and more concerned with the normal chores of
governing, such as encouraging economic development,
implementing administrative decentralization and reform, and
attracting civilian political support.

The trend toward political liberalization, interrupted in
March 1985 with the banning of political and trade union
activity, was resumed in October 1985 with the relaxation of
the ban and its elimination on January 1, 1986. In May 1986,
several opposition parties campaigned actively in the
parliamentary elections. The campaign was marred by the deaths
of at least 20 people nationwide. However, although opposition
parties and independents won 122 of the 300 directly elected
seats, the major opposition parties charged gross
irregularities in the conduct of the elections and of
subsequent by-elections in August, in which the government
party swept all 8 seats. In October the major opposition
parties chose not to participate in the presidential poll,
which was won by incumbent President Ershad, who overwhelmed a
field of 11 independents.

Bangladesh remains one of the poorest and most densely
populated countries in the world. An estimated 70 percent of
Bangladeshis subsist below an absolute poverty level, and the
population is increasing by 2 . 6 percent a year. Agriculture
accounts for half of the gross domestic product and about
74 percent of employment. The Government's avowed priority
has been economic development. Its key programs have been
aimed at increased agricultural yields, reduced population
growth, decentralization of administration, and development of
the private sector. Although an important Government goal in
implementing its policies has been the eradication of
corruption and inefficiency, reports persist of widespread
corruption at all levels of the Government.

In 1986 there continued to be instances of press restrictions
as well as cases of arbitrary arrest and detention. Reports of
violence against ethnic communities in the more remote areas of
the country increased during the year.

1115

BANGLADESH

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

A small, simmering insurgent movement bred of social disruption
and economic decline continued in the Chittagong Hill Tracts,
where some 600,000 tribal people live. Sporadic clashes
reportedly took place between government forces and small
groups of armed tribal insurgents, the Shanti Bahini (Peace
Force). Although some observers allege that the frequency of
confrontations and the number of deaths are increasing, no
reliable statistics are available. The Shanti Bahini launched
an offensive in May, killing armed forces personnel and
civilian settlers in a series of apparently coordinated
attacks. In retaliation, the military, accompanied by
settlers, attacked tribal villages. An Amnesty International
report of September 1986 provided first-hand accounts of the
violence and death which occurred during May and accused the
Government of sanctioning unlawful killings. Despite an
amnesty for all insurgents proclaimed in October 1983 and
again in May 1986 for a brief period, the area was off-limits
to foreigners, and contact between tribal people and foreigners
was actively discouraged by the Government. The tribal leaders
continued to demand the preservation of their autonomous
culture and an end to Bengali settlement in the Chittagong
Hill Tracts.

In the country at large, killing for directly political motives
remains uncommon, although violence between factions, gangs,
and economic adversaries sometimes assumes political
coloration .

b. Disappearance

There were no confirmed reports of disappearance resulting
from official actions.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were reports of torture of some political prisoners, as
well as criminal suspects. A June 1986 Amnesty International
(AI) report on torture in Bangladesh cited allegations that
the Directorate General for (Armed) Forces Intelligence
tortured some political prisoners held for short periods of
interrogation. Many of the prisoners who were reportedly
tortured were student activists. AI asked the Government to
undertake impartial and independent investigations into
allegations of torture and to file criminal proceedings against
law enforcement personnel when justified. According to AI , no
such investigations were made. Articles of the 1972 Bangladesh
Constitution specifically prohibiting torture were in suspense
from 1982 when martial law was declared until the recent
lifting of martial law.

Although police treatment of accused criminals is often rough
and can include abusive interrogations and beatings, reports
of fatalities from such mistreatment are rare. According to
one report, however, a 17-year old student died in a hospital,
where he had been transferred from police custody, from a
brain hemorrhage caused by a blow to the back of his head.
There were also reports that landless workers and activists

1116

BANGLADESH

promoting landless workers' rights have been ill-treated or
tortured while in police custody. Punishment of police and
jail officials involved in mistreating prisoners sometimes
takes place in cases where the victim or his friends and
family can attract publicity, but mistreatment of ordinary
citizens often goes unpunished.

The year saw an increase in reports of torture of tribal
villagers by security personnel. Allegations ranged from
harassment and extortion to rape and murder. These reports
came from human rights groups which believe that the Government
should protect the rights of tribal people, particularly
property rights, against settlers from other parts of the
country.

Conditions in Bangladesh's overcrowded jails reflect the
country's extremely poor living conditions. Amnesty
International reported that cells for prisoners in the Dhaka
cantonment had neither light nor furniture. The grill door to
many cells was covered by a wooden board, increasing the sense
of the prisoner's isolation. In the larger prisons, prominent
persons and political prisoners are held in conditions which
are markedly better than those afforded to ordinary criminals,
as is customary in South Asia. Prospects for the
implementation of prison reforms remain slight.

d. Arbitrary Arrest, Detention, or Exile

Under long-time provisions of the law, reaffirmed by the
Special Powers Act of 1974, persons can be detained without
charge for 24 hours, held with the consent of a magistrate for
30 days, and held with government approval for an indefinite
time. Although these powers provide broad flexibility, the
Act was reportedly disregarded entirely for some persons held
in the custody of military personnel during the martial law
period. For others in custody, the Act was breached by the
failure to comply with time limits or to produce a prisoner
before a magistrate. Prior to the May parliamentary elections,
the Special Powers Act was invoked against several prominent
opposition leaders who threatened to disrupt the elections
with demonstrations. In general, whenever participation in
demonstrations or other political activity prompted the MLA
summarily to detain individuals, the authorities sought to
notify families expeditiously of the detained and arrested
persons' whereabouts. Such demonstrators and activists were
seldom held for long periods. Observers estimated that fewer
than 100 people were detained for other than common law
offenses .

In what could have been a significant development, the
Government began honoring writs of habeas corpus, even before
martial law was lifted. However, some prisoners released as a
result reportedly were arrested again within 24 hours.
Bangladeshi legal and human rights organizations reported cases
of suspects arrested on minor charges who remained in jail for
long periods without trial.

There was no report of forced labor.

e. Denial of Fair Public Trial

The MLA suspended martial law courts prior to the May
parliamentary elections. Since then, civil and criminal cases
have been heard by civilian courts in public trials in which
the right to counsel is respected. Civil courts are

1117

BANGLADESH

overburdened and available only to those who can afford
representation but are generally considered fair. Processing
cases can be both time-consuming and expensive, working a
hardship on the vast majority of litigants and discouraging
many from seeking redress through the courts. There are few
legal aid programs to assist indigents.

To accomplish the goal of speedy justice and relieve court
dockets of a reported backlog of some 60,000 cases, the MLA
had required that cases be concluded within 6 months. The
result was that new cases came to trial and were decided in a
timely fashion, while older cases were postponed.

The MLA dispersed magistrate courts to the newly established
Upazilla (subdistr ict ) level of government and decentralized
the administration of high court appellate benches. Many
considered court decentralization an important step in
bringing judicial relief to the majority of the population
living outside the capital city.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Bangladesh authorities do not normally engage in arbitrary
invasion of the home, although MLA officials are known to have
entered the homes of opposition leaders, detained individuals,
and searched their premises without warrants. The law requires
a judicial warrant before authorities enter a home, and courts
require evidence supporting a reasonable basis of suspicion
before issuing a warrant. Wiretaps are believed to be used
selectively, as is the monitoring of private correspondence.
The Government maintains civilian and military intelligence
services which concern themselves, in part, with domestic
events. Although not pervasive, the influence and capability
of these services is thought to be growing.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government owns and operates all radio and television
facilities. In 1986 Bangladesh television and radio focused
heavily on the activities of government leaders and virtually
neglected the opposition. In the print media, the Government
controls one of Dhaka's four English-language daily newspapers,
a Bengali-language daily in Dhaka, and a Bengali-language
weekly through a national press trust. The Government owns
the major Bangladesh News Agency (BSS) as well as a daily
newspaper in Rajshahi. Three of the Dhaka English dailies and
most of the many Bengali-language periodicals and newspapers,
however, are privately owned; some are supported by political
parties and reflect various political views. Major newspapers
report on both the Government and opposition, although coverage
of opposition political activities is usually somewhat less
extensive than that of official activities. The Bangladesh
news media, including the BSS, did not repeat any open or
implied criticism of either the President or the armed forces.
Explicit criticism of any foreign country (unless made by the
Government) or criticism of any authoritarian order was also
avoided. The Government denied the application of a biweekly
to publish more frequently, reportedly because the publisher
refused to print progovernment stories.

In 1986 the MLA exercised its authority to ban foreign and
domestic publications. Three Bengali- language magazines.

1118

BANGLADESH

Ekota, Amader Kotha, and Sangbadik were closed. They joined
the popular weekly Jai Jai Din (closed in 1985, reopened and
closed again in 1986), Ittehad (closed in 1984), and Jooi Jatra
(also closed in 1984). None of the three closed in 1986 was
allowed to reopen. Reprints of an article from the London
Observer critical of President Ershad were confiscated by the
Government. Distribution of selected editions of other papers
was also banned.

Five journalists, including the president of the Weekly
Newspaper Journalists Union, were released by the MLA in June
1986. The MLA also detained journalists for writing articles
critical of martial law (an offense under martial law
regulations), but eventually released all of them. No
journalists were known to have been imprisoned in 1986.

A ban on political activity at all universities was lifted in
1985, and many students were vocal in their criticism of the
MLA. Taking advantage of the relative freedom enjoyed on the
Dhaka University campus, opposition parties attacked the
Government through their student fronts. Students were free
to express a wide range of political opinion through campus
organizations and their publications.

b. Freedom of Peaceful Assembly and Association

By the beginning of 1986 all martial law restrictions on
political activities were removed, paving the way for a new
round of elections later in the year. Subsequently, the
Government allowed the major opposition parties to campaign
openly or protest peacefully. A ban on antielection
activities was imposed prior to the May 1986 parliamentary
elections and the October presidential election. Restrictions
were placed at times on public assemblies. These restrictions
have since been lifted.

A ban on trade union activity instituted in March 1985 was
lifted on January 1, 1986. The Bangladesh labor movement held
an open election for federation officers of the Bangladesh Free
Trade Unions Congress (BFTUC) in March. Delegates freely
elected the winners by secret ballot. Throughout the campaign
for the May parliamentary elections, the Government allowed
union activity, which included numerous local labor actions.
A call for a general strike by a coalition of 14 trade union
federations in support of the program of the main alliance of
opposition political parties was called off because of a lack
of rank-and-file support. Labor activity increased throughout
the year, but the general strike was employed less frequently
than in 1985.

Workers in Bangladesh generally enjoy the right to associate
freely, to organize, and to bargain collectively. Because of
a low level of industrialization, labor unions represent no
more than 5 percent of the work force. Although only a small
portion of the work force is unionized, unions are powerful
and important in certain key sectors such as jute, tea, and
transportation. Unions are heavily involved in politics; of
17 trade union federations, only 1 claims no political
affiliation. Most unions are urban-based and serve as fronts
for political parties. Bangladesh's progressive labor law is
often ignored by both management and labor.

Unions are free to draw up their own constitutions and rules,
elect officers, and formulate programs. There are no
restrictions on joining confederations and affiliating with

1119

BANGLADESH

international organizations. Individuals need government
clearance to travel to international labor conferences and
attend programs sponsored by foreign labor institutions; such
clearances are routinely granted. Under a provision of
Bangladesh's labor law, the Government can suspend or dissolve
individual unions. In theory, Bangladeshi workers enjoy
participatory rights in all union business; in practice, these
rights are often violated by both employers and union leaders.
In theory, unions and their members are fully protected against
antiunion discrimination; in practice, employers regularly fire
workers for union activities and harass union activists and
leaders .

Antiunion discrimination is especially prevalent in the garment
industry, where most of the workers are young women.

Following labor agitation and violence against firms and
personnel in the Export Processing Zone in Chittagong, the
Government banned union activity in an effort to enhance its
attractiveness to foreign investors. Employers, through
connections in the Government and the military, often succeed
in having legal actions that unions file against them forgotten
or quashed.

c. Freedom of Religion

Predominantly Muslim, Bangladesh continues to permit conversion
from one religion to another. Prosyletizing by Bangladeshi
citizens is allowed under Article 41 of the Constitution,
subject to law, public order, and morality. Proselytization
is largely directed toward minority groups such as Hindus and
tribal peoples. There is strong social resistance to efforts
to convert persons from Islam. Certain Islamic organizations
continue to voice concern over Christian missionary activities
and the conversion of Muslims to Christianity. Some Christian
missionaries face delays in renewing their visas and are
concerned that the Government might make it difficult for them
to stay in the country.

The Government has continued to pledge equality of treatment
and freedom of worship to Hindu, Buddhist, and Christian
minorities, who constitute approximately 13 percent of the
population. Although this policy is substantially respected,
the numerical predominance of Muslims and South Asia's history
of communal violence and discrimination contribute to minority
concern.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Bangladesh citizens are free to move within the country, except
within designated "red areas" in the Chittagong Hill Tracts.
There are also areas near the borders from which all
nonresidents are banned. Bangladeshis are generally free to
visit and emigrate abroad, subject to foreign exchange
controls. In some instances, persons deemed to be security
risks are not allowed to travel abroad. Civil servants must
obtain "no-objection certificates" from the ministry in which
they are employed before traveling abroad, and citizens going
overseas to work must register with the ministry responsible
for manpower export. The right of repatriation is observed.

Approximately 250,000 non-Bengali Muslim Biharis, or "stranded
Pakistanis," remain in Bangladesh pending resettlement in
Pakistan. After independence in 1971, these non-Bengalis opted

1120

BANGLADESH

for Pakistani citizenship. Pakistan agreed to take them back
provided financing for resettlement costs was made available
from outside sources. A Saudi-based Islamic social
organization continues its efforts to raise money for these
resettlement costs. Camp dwellers may seek employment and
conduct other activities but face disadvantages as noncitizens.
Some Biharis have lost property as a result of laws
confiscating Pakistani holdings, but those Biharis who chose
to become Bangladeshi citizens in 1971 are entitled to full
rights of citizenship. Biharis may still apply for Bangladeshi
citizenship at any time.

The United Nations High Commissioner for Refugees (UNHCR)
reported that seven Iranians and one Afghan were arrested in
Bangladesh with false entry papers. Considered security risks
by the Government, the refugees were imprisoned for 6 months
until released on bail by the UNHCR. The Iranians, several of
whom were accepted for resettlement, faced legal charges. The
Afghan remained in prison and was not allowed to receive
visitors .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

Bangladesh held its first parliamentary elections in 7 years on
May 7, 1986. An alliance of opposition parties contested the
elections against candidates associated with the party formed
by the President. A second alliance of opposition parties
chose to boycott the polls, claiming they could not be free
and fair unless martial law were lifted and other conditions
met. The progovernment party won 178 out of the 300 directly
elected seats, and opposition parties and independents won 122.
Despite this record showing by the opposition, opposition
party leaders cited incidents of fraud and intimidation.
Opposition winners were sworn in as members of Parliament in
July but declined to take their seats in protest against the
continuation of martial law and the conduct of the May
elections. By-elections were held in August for eight
parliamentary seats; candidates from the same major opposition
alliance which participated in the May elections again took
part. The progovernment party swept all eight seats, in most
cases winning by lopsided margins. No major opposition party
participated in the October presidential poll. With the
lifting of martial law, the opposition parties have announced
their intention to take the seats to which they were elected.

President Ershad played a major part in the moves to restore
constitutional government under his own civilian leadership.
In August he gave up his post as Chief of Army Staff and
retired from the army. He then joined the progovernment party
and became its chairman in preparation for his candidacy in
the October 15 presidential election. Contesting as a
civilian, Ershad received approximately 85 percent of the
vote. Opposition political figures and members of the foreign
press corps contended that the 55 percent turnout claimed by
the Government was greatly inflated and that the Government
had used fraudulent means on a wide scale. On November 10,
President Ershad signed a proclamation withdrawing martial
law. Earlier that day. Parliament passed a constitutional
amendment ratifying as law acts promulgated by the MLA and
giving immunity from prosecution to the martial law
authorities .

Since independence in 1972, members of Bangladesh's elite have
periodically endeavored to establish a democratic form of

1121

BANGLADESH

government by framing a constitution and experimenting with
parliamentary and presidential systems. Nonetheless,
Bangladesh has spent 9 of its 15 years since it gained its
independence from Pakistan under martial law, which has
contributed to the fragility of its institutions. This in
turn has fostered a belief among the military that it is the
only national institution able to bear responsibility for
national affairs.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Several international nongovernmental human rights
organizations, including Amnesty International, the
International League for Human Rights, the Law Association for
Asia and the Western Pacific (LAWAASPA), and the International
Commission of Jurists continue to be represented in Bangladesh.
The Government has not obstructed independent outside
investigations of alleged human rights violations.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Underlying attitudes and social barriers circumscribing the
participation of women in activities beyond the home are
strongly entrenched and show few signs of weakening. For the
approximately 86 percent of Bangladeshi women who live in
rural areas, early marriage, high child-bearing rates, and
long hours of household labor leave little opportunity for
nonfamily interests or outside employment. Even in urban
areas and among the affluent, the traditional social system
makes women economically dependent on their husbands or other
male relatives.

By custom and by Islamic tradition, women occupy a subordinate
place and receive unequal treatment before the law on a
widespread basis. The ability of a family to seclude its
women is a symbol of middle or high social status. Women are
virtually absent from the cash work force, except in the
export-oriented garment industry. Their wages lag behind
those of men, even for the same work.

The daily press testifies to a pattern of domestic violence
(murder, rape, torture), breach of matrimonial contract,
denial of inheritance rights, and desertion which victimizes
women and which is particularly acute among the poor. The
rate of suicide among women is reportedly almost three times
higher than among men. The Government promulgated a stringent
ordinance in 1983 to deter such cruelties to women as murder,
kidnaping, abduction, and trafficking in women. The number of
reported cases of acid-throwing against women, a crime which
leaves its victims dead or badly scarred, declined during the
past year. The penalty for acid-throwing is death. The death
penalty is also imposed against those directly responsible for
"dowry killing" or for killing a woman in the course of a
rape. "Dowry killings" usually share a common theme: the
bride's family has not made full payment of a supposedly
promised dowry, so the husband or his family attacks and
sometimes murders the bride. There is generally little
recourse for abused women, especially for crimes within the
family or home.

Members of minority religious groups are disadvantaged in
practice, although not in law, in their access to government

1122

BANGLADESH

positions and political office. Members of some minorities,
principally Hindus, have lost or have had serious difficulty
retaining their properties as a result of prejudicial
administration of vested property laws which provide that
property belonging to persons who left Bangladesh between 1965
and 1971 should be managed by the Government. The Government
is authorized to use and sell this property, which it has
sometimes done to the disadvantage of the former owner.

Reports also persist that the property rights of tribal
peoples are being violated. Tribal land, for which there is
freqiiently no deed, is said to have been parceled out by
Bangladesh authorities to Bengali Muslim settlers. Over the
past decade, successive governments settled close to 300,000
ethnic Bengalis in the Chittagong Hill Tracts. Tribal people
also face the loss of land through failure to meet mortgage
payments, false deeds, and physical attacks. In areas where
the tribal insurgency is active, the army can take land
without compensation. Dhaka-based legal aid organizations
have been offering representation to a limited number of
tribal people illegally removed from their lands.

CONDITIONS OF LABOR

Bangladesh's labor law stipulates minimum ages for various
types of employment; in industries where unions are strong
these minimums are enforced, but the poverty of the country is
such that children are regularly engaged in any line of work
they can get, especially fieldwork. In general, regulations
regarding minimum wages, hours of work, and occupational safety
and health are not strictly enforced.

Child labor increased in 1986. As estimated by the Bangladesh
Bureau of Statistics, the number of child laborers was 3
million, compared to 2.5 million in 1981. Of the manual
laborers in the markets of Dhaka, 70 percent of those surveyed
were between the ages of 7 and 15. Children pedaled cycle-
rickshaws, worked as helpers in transport services, carried
loads at railway stations and river terminals, and worked at
construction sites.

1123

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: BANGLADESH

1984

1935

1986

I.ECON

A. AID

CSE

B.FOO

TITLE

REPA

PAY.

TITLE

£.R£

VOL.

C.OTH

. ASSIST.-TOTAL...

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

pp. ASSIST.) ..
R PEACE

3TAL

N $-LOANS

FOR. CURR

TOTAL

.EC.DEV S WFP.

EF AGENCY

CON. ASSIST...

C£ CORPS,
COTICS...
ER

II.MIL. ASSIST.-TOTAL,

LOANS ,

GRANTS ,

a. MAP GRANTS ,

S. CREDIT FINANCING..
C.INTL MIL.ED.TRNG.,
a.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS

193.2

205.3

71.5

31.0

94.5

0.0

112.2

110.8

71.5

77.0

75.6

71.5

13.0

0.0

64.0

75.6

71.5

0.0

116.2

129.7

0.0

68.0

94.5

0.0

48.2

35.2

0.0

68.0

94.5

0.0

68.0

94.5

0.0

48.2

35.2

0.0

30.8

16.2

0.0

17.4

19.0

0.0

o-.o

0.0

0.3

0.0

0.3

0.0

0.3

0.0

193.5

205.6

71.8

81.0

94.5

0.0

112.5

111.1

71.8

OTHER US LOANS....
EX-IM BANK LOANS,
ALL OTHER ,

14.7

0.0

14.7

0.0
0.0
0.0

ASSISTANCE FRO,"i INTERNATIONAL AGENCIES
1984 1935 1936

1946-86

TOTAL ,

779.5

468.8

636.6

5949.9

IBRD

0.0

o:o

54.9

IPC

0.0

4.0

0.3

13.0

IDA

393.1

266.0

463.0

3670.7

IDS

0.0

A03

377.5

179.8

173.3

1929.0

AFDB

0.0

UNDP

8.9

19.0

0.0

133.1

OTHER-UN

0.0

149.2

EEC

0.0

1124

BHUTAN*

Bhutan has been ruled by the Wangchuck dynasty of hereditary
monarchs since 1907. Isolated in the Himalayas between India
and Tibet, the people of Bhutan have been able to escape
domination by any external power since the 10th century. It
was not until the rule (1952-72) of King Jigme Dorji Wangchuck
that a Bhutanese ruler took steps to move the Kingdom from
centuries of medieval seclusion toward a more representative
political system and a better integrated, more productive
economy. Although he retained strong executive powers, the
King created several important institutions such as the
National Assembly (1953), the Royal Advisory Council (1965),
and the Council of Ministers (1968) to provide broader
participation in the Government. Serfdom was abolished, land
reform introduced, codification of laws begun, and the
judiciary separated from the executive.

The present monarch, Jigme Singye Wangchuck, has continued
Bhutan's social and political evolution, although progress has
been seriously handicapped by the Kingdom's limited
administrative capacity and resources.

Bhutan remains the poorest country in South Asia and one of
the most traditional and least developed countries in the
world. The vast majority of the population is illiterate and
rural, following subsistence agriculture and pastoralism in a
largely barter economy.

The human rights situation in Bhutan is changing very slowly.
Most observers agree, however, that it suffers few of the
problems of disaffection and repression that afflict many
Third World countries undergoing more rapid change.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings.

b. Disappearance

There were no known disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There is no evidence of cruel, inhuman, or degrading treatment
or punishment. Serious crimes are still rare, although there
has been a trend toward more criminal activity in recent years
with the growth of a foreign labor force in the country,
widening economic disparities, and greater contact with outside
cultural values. Punishments for most crimes range from fines
to imprisonment. Prison sentences range from a few months for

♦Bhutan and the United States do not maintain formal
diplomatic relations, and U.S. officials rarely travel there.
Tourism is still in its infancy in the Kingdom, and few
scholars have published studies on the Bhutanese polity or
society. Information on Bhutanese practices which bear on
human rights is, therefore, neither readily available nor
complete.

1125

BHUTAN*

manslaughter to life for first-degree murder, with little
chance for remission. Mutilation was outlawed in 1965.

d. Arbitrary Arrest, Detention, or Exile

There is no special or preventive detention, and arrests can
be made only under legal authority. As far as is known,
neither exile nor forced labor is employed as a form of
punishment .

e. Denial of Fair Public Trial

Bhutan has no written constitution or bill of rights. Criminal
cases and a variety of civil matters are adjudicated under an
18th century legal code which was revised in 1957 and which
applies to all Bhutanese. Familial questions are resolved
according to the traditional religious norms of the two major
religious groups in the country: Buddhist law governs the
majority of Bhutanese, and Hindu law is applied in areas where
persons of Nepali origin predominate.

Although the Kingdom's legal system does not provide for
juries, the right to be represented by legal counsel, or due
process in the Western sense, trials are generally expeditious
and public. There are generally no prosecuting or defense
attorneys because there are insufficient lawyers in the country
to serve in these capacities. Judges, appointed by and
accountable to the King, are responsible for all aspects of a
case, including investigation, filing of charges, prosecution,
and judgment of the defendant. Qualified observers report that
the system conforms to the local population's concept of
impartiality and justice.

A separate judiciary was established in 1968 which provides for
local, district, and national courts with original and
appellate jurisdiction. Final appeals may be made to the King.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There are no written guarantees of privacy in the Bhutanese
system, but tradition has bolstered the concept. In practice,
the Government does not intervene arbitrarily or unreasonably
in the lives of the people.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

With a literacy rate around 5 percent, Bhutan's adult
population is relatively unaffected by the print media. The
Government's weekly news bulletin is the country's only regular
publication, providing news that may be 3 months old.

Indian and other foreign newspapers and publications are
distributed in Bhutan without apparent government control.
Bhutan has no television, and the one radio station broadcasts
for only 3 hours daily. Criticism of the King is permitted in
the National Assembly.

b. Freedom of Peaceful Assembly and Association

No written guarantees of these freedoms exist, but Bhutanese
generally enjoy the freedom of peaceful assembly and
association. There are no private voluntary social, communal.

1126

BHUTAN*

or economic associations and no professional or trade
organizations. Bhutan has no labor unions, and hence no
collective bargaining, and no legislation addressing
labor-related issues.

c. Freedom of Religion

Buddhism is the state religion of Bhutan. The Government
subsidizes monasteries and shrines and provides aid to about
half of the Kingdom's 12,000 monks. The monastic establishment
enjoys statutory representation in the National Assembly and
the Royal Advisory Council and is an influential voice on
public policy. Citizens of other faiths, who are mainly Hindus
of Nepali origin, enjoy freedom of worship. In an effort to
encourage national cultural integration, the King has declared
major Hindu festivals to be national holidays, and the royal
family participates in them. Foreign missionaries are not
permitted to proselytize in the Kingdom.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There is freedom of movement within Bhutan for Bhutanese
citizens and no bar on emigration or foreign travel. For many
years Bhutanese traveled little inside or outside the Kingdom,
but the recent rapid construction of roads and the
establishment of air links with Calcutta have encouraged
travel. Permanent residence for Nepalis and Indians in Bhutan
(except those in government service) is restricted to the
southern hill region. A policy introduced in the 1950 's, which
prohibited the exiled leaders of an outlawed Nepali Bhutanese
political party from returning to the country, has been
liberalized to allow them to return at their own request.

Bhutan traditionally has welcomed refugees and exiles from
other countries in the region. Some 6,000 Tibetans sought
refuge in Bhutan in 1959, joining approximately 4,000 Tibetans
already in the country. Because it perceived threats to
national security resulting from the Tibetan refugees' lack of
allegiance to Bhutan, the Government required in 1979-80 that
they either accept Bhutanese citizenship or face expulsion.
When India and other countries initially refused to accept
them, Bhutan's policy raised the possibility of forcible
repatriation. However, the Government decided not to carry out
its threat. Although most Tibetans in Bhutan have accepted
Bhutanese citizenship, they have been assured by the Bhutanese
Government that they will always be free to return to their
homeland .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Bhutanese political system is a traditional monarchy, with
sovereign and wide-ranging power vested in the King. It is a
highly elitist polity, with decisionmaking centered in the
palace and involving only a small number of officials in the
civil and religious establishments. Although the present King
and his father have endeavored to integrate women and
southerners (Nepali ethnics) into the body politic, the system
is still dominated by the male members of an aristocracy of
Tibetan, Buddhist stock. Political parties do not exist, and
their formation is discouraged. Local administration is
carried out by centrally appointed government officials.
Villages, however, have the traditional right to elect by
consensus their own headmen, who form the lowest rung of the

1127

BHUTAN*

administrative hierarchy. When the King is touring outlying
districts of the Kingdom, any citizen can flag down his car
and present an aide with a written petition, which is assured
an official response.

The 150-member National Assembly is composed of 105 members
elected by limited franchise (heads of family in Hindu areas,
village headmen in Buddhist regions), 12 elected by the
monastic establishment, and 33 high-level officials of the
government administration appointed by the King. Its principal
functions are to enact laws, approve senior appointments in the
Government, and advise the King on matters of national
importance. It also provides a forum for presenting grievances
and rectifying cases of maladministration. Voting is by secret
ballot, with only a simple majority needed to pass a measure.
Government officials may be questioned by the body, and
ministers can be forced to resign by a two-thirds vote of
no-confidence. The King cannot formally veto legislation
passed by the Assembly, but he can refer bills back to it for
further consideration. The Assembly occasionally has rejected
the King's recommendations or delayed their implementation,
but the King has enough influence to persuade the Assembly to
approve any legislation he considers essential or to withdraw
any proposed legislation he opposes.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No international agency or group is known to have sought entry
into Bhutan to investigate human rights conditions. No
nongovernmental human rights groups are known to exist in
Bhutan, nor do human rights appear to be a subject of domestic
political debate.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The status of women is higher in Bhutan than in many of the
surrounding countries. In contrast with some of its neighbors,
Bhutan has not developed a rigid caste system or customs which
sequester or disenfranchise women. Boys tend to outnumber
girls by about two to one in primary school, but family land
is divided equally between sons and daughters.

The sexes mix relatively freely, marriages can be arranged by
the partners themselves as well as by their parents, and
divorce is common. A man is allowed by law to have three
wives, but polyandry is not sanctioned. Legislation has been
enacted in recent years making marriage registration compulsory
and favoring women in matters of alimony. In 1985 some
10 percent of the persons employed by the various government
ministries and departments were women.

The potentially most divisive issue in Bhutan is how to
accommodate the large (estimated at 20-30 percent) segment of
the population of Nepali Hindu origin. The country's Buddhist
majority has long been concerned about being overwhelmed by
immigrants from Nepal. In the past, the Government responded
to this concern by tightly limiting immigration and restricting
residence and employment of the Nepali population to the
southern part of the country. More recently, the Government's
policy toward the Nepali minority has been liberalized.
Intermarriages are being encouraged (even the King's sister has

1128

BHUTAN*

married a Nepali Bhutanese), a percentage of students from one
region are being educated in another, and greater priority is
being given to the economic development of the south.
Southerners are allowed to own property and establish
businesses in the north, and vice versa. More and more young
Bhutanese of Nepali origin are being brought into economic and
administrative bodies. Laws concerning land tenure and
taxation in the south are being liberalized as well,
mitigating the discriminatory system which sometimes led Nepali
Bhutanese to describe themselves as second-class citizens.

Families with ties to the palace and senior levels of the
Government are strongly favored in their access to state
scholarships for foreign education, but the King is making a
serious effort to draw qualified persons from a broader range
of social and ethnic backgrounds into the prestigious civil
bureaucracy.

CONDITIONS OF LABOR

Bhutan has no minimum wage laws or other labor legislation
governing its small industrial labor force. Less than
1 percent of the population is employed in industry. The
shortage of labor in Bhutan is such that the larger industrial
firms, all of which were established relatively recently, are
organized along modern lines and incorporate a considerable
amount of labor-saving technology. No industrial plant
employs more than 60-70 workers, and most of these are guest
workers from Nepal. Apart from the few large plants, the
entire industrial sector consists of home-based handicrafts and
some 60 privately owned small or medium-scale factories
producing consumer goods. Children are not employed in
industrial labor.

1129

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: BHUTAN

198<»

1985

1986

I.eCON. ASSIST. -TOTAL...
LOANS.....

1.1
0.0
1.1

0.0
0.0
0.0
0.0

1.1

0.0

1.1

0.0
0.0
0.0

1.1
1.1

0.0
0.0
O.D
0.0
0.0
0.0
0.0

0.0
0.0
0.0
O.D
0.0
0.0
0.0
0.0

1.1

0.0

1.1

0.1
0.0
0.1
0.0
0.0
0.0
0.0
0.1
0.0
0.1
0.0
0.0
0.0
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0

0.1
0.0
0.1

0.0
0.0

GRANTS

0.0

A.AIO

0.0

LOANS

0.0

GRANTS.

0.0

(SEC. SUPP. ASSIST.) .. .

3. FOOD FOR PEACE

LOANS.. ............

0.0
0.0
0.0

GRANTS..

0.0

REPAY. IN $-LOANS

PAY. IN ^OR. CURR

TITLE II-TOTAL

0.0
0.0
0.0

5. RELIEF. EC. DEV J WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

0.0
0.0
0.0
0.0

GRANTS

0.0

PEACE CORPS

NARCOTICS

OTHER

0.0
0.0

0.0

II.MIL. ASSIST. -TOTAL. . .
LOANS

0.0
0.0

GRANT S

0.0

A. MAP GRANTS

0.0

3. CREDIT FINANCIJJG. . . .
C.INTL MIL.ED.TRNG. .. .
D.TRAN-EXCESS STOCK...
:. OTHER GRANTS

III. TOTAL ECDN. S MIL...
LOANS...

0.0
0.0
0.0
0.0

0.0
0.0

GRANTS

0.0

OTHER US LOANS

0.0
0.0

0.0

cX-IM BANK LOANS

0.0

ALL OTHER,

0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

12.8

20.5

a.o

50.7

IBRD

0.0

IFC

0.0

IDA

3.5

9.0

0.0

17.5

ID3

0.0

ADB

0.0

7.4

8.0

20.4

AF03

0.0

, 0.0

0.0

UNDP

4.3

4.1

0.0

10.4

OTHER-UN

3.0

0.0

2.4

EEC

0.0

1130

EGYPT

Egypt is a republic in which the President and his party, the
National Democratic Party (NDP), are the major political
forces. The NDP commands a large majority in Parliament, but
opposition parties play an important role by criticizing
government policies and performance. The Cabinet is headed by
a Prime Minister responsible to the President. The
parliamentary institutions are the People's Assembly and the
Shura (consultative) Council.

Vice President under Sadat, Hosni Mubarak was elected
President by the People's Assembly in 1981 following Sadat's
assassination; his election was affirmed by referendum in
accordance with the Constitution. The next presidential
election is due in October 1987. In People's Assembly
elections in May 1984, the NDP won 391 of 448 elected seats,
while the centrist opposition New Wafd Party won 57 seats.
President Mubarak exercised his discretionary power to appoint
several members of two other opposition parties to the
Assembly. The governmental and legal systems are based on
Egypt's Muslim and Arab heritage, as well as the experience of
the 1952 revolution. Western influences are also present,
reflected in the country's Napoleonic legal code.

The state of emergency proclaimed after Sadat's assassination
has been maintained through extensions decreed by President
Mubarak, with the approval of the People's Assembly. Under
it, the President and his delegate, the Minister of Interior,
can suspend certain constitutional and legal safeguards
normally associated with the protection of civil and political
liberties. Since Zaki Badr became Minister of Interior
following the February police riots, the Government has used
its emergency powers against striking railroad conductors.
Islamic militants, and a few Christian converts from Islam.

Islamic activists who are pressing for political and social
change are, by and large, able to pursue their cause through
legitimate channels such as the People's Assembly, the
judiciary, and the press without fear of government
retribution. Opposition parties of the left and the right
function legally, and their influence is particularly felt
through their weekly newspapers. The opposition parties
boycotted elections held in October for the Shura Council, the
advisory upper house of the Parliament, claiming that the
electoral system of proportional representation provided the
NDP with an unfair advantage. Several opposition leaders,
however, subsequently accepted presidential appointments to
the Shura Council.

The Government has continued to give priority to economic
development and liberalization while continuing its policy of
trying to maintain living standards. This policy has depended
on a massive subsidy system that in fiscal year 1985-86 cost
an estimated $3 billion — about 10 percent of total government
expenditures. In an effort to develop solutions to its
economic difficulties, the Government has pursued economic
reform measures and cooperated with international financial
institutions .

Egypt's human rights record in 1986 reflected increased
security concerns resulting from its difficult economic
situation and regional instability. President Mubarak's
continuing commitment to political liberalization was evident
in his public statements on domestic affairs in which he
stressed the importance of tolerating press criticism and

1131

EGYPT

developing a responsible opposition. Egyptians and other
observers generally credited the President in 1986 for
protecting press freedoms and promoting greater freedom of
political expression. Some government restrictions on
political activities and dissent remained, however. While
some members of the Christian minority were concerned by the
potential threat to their rights posed by resurgent Islamic
forces, the Government has generally demonstrated its
commitment to protecting minority rights. Coptic Pope
Shenouda III has indicated that his relations with the
authorities are good. Reports of draft legislation applying
strict penalties to apostasy concerned members of the small
Baha ' i community, but the legislation is currently stalled in
committee. Legal action reportedly was still pending in the
case of 41 members of the Baha ' i faith who were detained and
released in February 1985. The Bahais were charged under a
law, existing since Nasser, banning public (though not
private) Bahai religious activities.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of government-instigated killings for
political reasons.

Police conscripts of the Central Security Forces rioted for
3 days in February, burning hotels and nightclubs near the
pyramids, destroying cars and other property, and clashing with
the army. Officially about 70 persons died — most of them
police conscripts killed by the army — but unofficial estimates
have been considerably higher. One 73-year-old Danish tourist
died when the hotel where she was staying burned down. Elite
units of the army were able to restore order with widespread
public support, and over 3,000 conscripts were arrested.
Although the rioting spread from Cairo to a few other areas,
there is no convincing evidence of a plot. Rather, it appears
the rampage was caused by the bad living conditions of the
conscripts and rumors that their term of service would be
extended by 1 year. As of the end of the year, the courts had
postponed hearing the cases of 675 conscripts and 31 civilians
who are to stand trial for the riots. The President appointed
a new Minister of Interior and announced that steps would be
taken to improve the lot of the security police.

A group of unknown assailants attacked a car full of Israeli
embassy employees leaving the Cairo fairgrounds on March 19.
One Israeli woman was killed, and her three colleagues were
wounded. A group calling itself "Egypt's Revolution" claimed
responsibility for the attack. "Egypt's Revolution" had also
taken responsibility for a failed attack on an Israeli embassy
employee in 1984 and the murder of an Israeli diplomat in
August 1985. At year's end, the cases were still unsolved,
but the investigation was continuing. "Egypt's Revolution"
also claimed responsibility for the hijacking to Malta of an
Egypt Air jet in November 1985 which resulted in the death of
over 60 passengers. In October Interior Minister Badr
reiterated earlier official denials of the organization's
existence .

1132

EGYPT

b. Disappearance

There were no known cases of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel, inhxaman, or degrading treatment or
punishment are forbidden by the Constitution and by law.
Persons claiming to have been tortured have redress in the
courts, which have awarded financial compensation to various
torture victims. Information gained through torture is not
admissible in court. The law provides that police and security
officials convicted of torture are subject to punishment, and a
major case against alleged offenders is under way. In the
past, reported cases of officials being penalized have been
rare. On occasion, detainees and prisoners have claimed that
they were tortured and have appealed for redress to the courts
or the public prosecutor. These appeals, which generally led
to investigations by legal and medical authorities, sometimes
concluded with the Government's denial of the alleged torture.
More often, the Government has not revealed the findings of
the investigations.

In November 1984, the public prosecutor initiated a major
investigation of torture incidents disclosed by the Supreme
State Security Court in the Al-Jihad case that ended in
September 1983. The court had cited torture as a factor in
its decision to acquit 190 out of 300 Al-Jihad defendants and
reduce prison sentences for others. According to the
opposition press, former Interior Ministers and still active
senior police officers were among the many security officials
suspected of involvement in the torture. In September 1986,
the prosecutor announced that torture charges against 44 police
officers of various ranks and 4 court assistants would be
referred to criminal court. The prosecutor declared that, on
the basis of 422 reports of torture of the Al-Jihad defendants,
28 torture charges would be brought against the accused police
officers, while 22 other charges would continue to be
investigated. The prosecutor noted that evidence against the
police was based on both eyewitness accounts and the report of
the court physician. If convicted, the accused officers could
face sentences of between 3 to 10 years of hard labor or
imprisonment. The leftist opposition paper Al-Shaab reported
on September 16 that the Minister of Interior and other
ministry officials had met with the accused officers, who
insisted that they had engaged in torture at the express order
of their superiors.

Allegations of torture have appeared periodically in the
opposition press, especially after the arrests of persons
belonging to Islamic organizations who were allegedly involved
in burning a number of Cairo video clubs and liquor stores in
late June. The opposition newspaper Al-Wafd has accused
Interior Minister Badr of reinstituting torture against
Islamic activists. Al-Wafd has published photographs of the
scarred bodies of Islamic activists and asserted that the
scars were caused by torture inflicted in Egyptian jails and
prisons. The Egyptian Bar Association's Committee for the
Defense of Freedom has also charged the security services with
using torture against the defendants in the video club cases.
Al-Wafd reported on September 18 that police in Alexandria had
beaten a prisoner to death. Although the police maintain that
the man died by jumping from a balcony in an escape attempt.

1133

EGYPT

Other reports indicated that the man was beaten to death
inside the police station.

In a special report, "Egypt: Evidence of Torture 1981-1983"
(originally published in March 1985 and reissued in August
1985, together with a memorandum from the Egyptian Government,
under the title "Torture in Egypt 1981-1983: Amnesty
International's Evidence and the Government's Response"),
Amnesty International reviewed medical authorities' forensic
records on torture victims and found a "disturbing and
consistent pattern of torture or ill-treatment of political
detainees," including Islamic militants linked to the Al-Jihad
organization, and some left-wing elements. The report
mentioned Cairo's Citadel prison as a reputed site of torture
activities. This prison was subsequently closed.

Prison conditions and treatment vary considerably; some
facilities appear to be overcrowded and lacking adequate
medical and sanitary facilities. Tora prison, in which the
Al-Jihad convicts are imprisoned, has a particularly bad
reputation. Other prisons, however, provide better living
conditions and offer inmates recreational programs and
vocational training.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrest, detention, and exile are forbidden by law.
Two systems of criminal procedure are in effect: ordinary
criminal procedures and the emergency law. Under ordinary
procedures, arrests follow investigations, and arrested
persons are charged with violations of specific laws. With
some exceptions, preventive detention is not practiced.
Arrested persons have the right to a judicial determination of
the legality of detention, and there is a system of bail. The
ordinary law states that a detained suspect must be brought
before a magistrate and formally charged within 48 hours of
his arrest or else released. By and large, there is careful
observance of constitutional and legal safeguards in the arrest
and pretrial custody stages. Arrests occur openly and with
warrants, and the accused are brought before an independent
judiciary. The Government does not appear to practice
incommunicado detention.

The major exceptions to the normal procedures arise when the
emergency law, which gives the Government extraordinary
powers, is applied. The Constitution and the Emergency Law of
1958, as amended, empower the President, when security or
public order are in peril, to invoke emergency powers
authorizing the arrest and detention of persons suspected of
being dangerous to state security, irrespective of provisions
of the penal code. These persons must be charged. Egyptian
law specifies a wide range of offenses deemed harmful to
national security which may be tried before a parallel system
of state security courts under the emergency law. Despite
opposition complaints and hints from the Government that the
law would be abolished, the NDP majority in the People's
Assembly has repeatedly extended the law — most recently in
April 1986 for a 2-year period. Under the emergency law a
person may be held indefinitely for renewable 30-day periods,
provided the executive is willing to override any judicial
findings to the contrary. After each 30-day interval, the
detainee is allowed to petition the state security courts for
release. If the court approves the petition, the President or
the Minister of Interior may exercise a veto over the decision
and keep the detainee in custody for another 30 days. Another

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circuit of the state security courts then reviews the case.
Amendments to the emergency law in 1982 expanded the detainees'
rights of appeal and provided for prompt redress, including
judicial review, against improper treatment.

The emergency law was invoked selectively in 1986 against
members of banned leftist organizations, striking train
conductors. Christian converts, and suspected Islamic
extremists; the ordinary rules for arrest, trial, and detention
continued to be applied in all other instances. A number of
striking train conductors were arrested under the emergency law
after a nation-wide wildcat strike in July. The State Security
Court ordered their release pending further hearings in
October, and they were subsequently reinstated in their jobs.
Six Egyptian Christian converts were arrested early in the year
on the grounds that their activities constituted a threat to
national unity. They were released in August when the State
Security Court determined that no specific law prohibited
conversion from Islam. Two Tunisian and two Moroccan Christian
converts were also arrested in April while they were attending
a church leadership training program in Alexandria, again on
the grounds that they constituted a threat to domestic
security. They were subsec[uently released and allowed to
leave the country. There were numerous arrests of Islamic
activists after the burning of video clubs in June, although
many were subsequently released. According to press reports,
the number of detainees currently held under the emergency law
is probably around 80.

There have been no reports of the use of forced labor, which
is prohibited by law.

e. Denial of Fair Public Trial

Egyptian law provides for public trial and equal treatment
before the law, and these legal safeguards are generally
observed. However, provisions for public trials do not apply
in state security cases. Persons accused of these offenses,
which may trigger emergency law provisions at the Minister of
Interior's discretion, are usually tried in closed session in
the state security courts. These courts handled various
sensitive cases in 1986, at which all defendants were present
and represented by lawyers actively defending them. State
security courts are conducting hearings in the cases of the
train conductors who went on strike in July and the central
security police conscripts who rioted in February. Civilians
arrested for certain crimes may be tried in military tribunals
as well as state security courts.

No public statistics are available on the number of persons
serving prison sentences (as opposed to detainees on trial or
awaiting prosecution) for acts of violent protest or for
membership in proscribed organizations espousing terrorism or
the violent overthrow of the State. However, based on the
convictions in the Al-Jihad proceedings as well as reports of
trials in the opposition press, the number may reach 150 to
200. The conviction and sentencing of other nonviolent
dissenters appear to occur rarely, if at all. The emergency
law provides ample authority to detain without trial people
believed to be planning violent acts against the Government.

Under Mubarak the judiciary has enjoyed an unprecedented degree
of independence. Certain officials who investigate the
propriety of police charges against suspects have been given
judicial immunity to protect them from police pressure. The

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High Judicial Council, which Nasser dissolved but which was
later reinstated, is empowered to override decisions by the
Ministry of Justice regarding judicial appointments,
promotions, and other personnel matters. The Council of
State, a court system having jurisdiction over disputes
between private citizens and government agencies, is
independent of the Ministry of Justice, and the Council is
effectively safeguarded against arbitrary dismissal of its
members .

In 1986 the courts continued to demonstrate their autonomy.
There have been niomerous reports in the opposition press of
courts ordering the release of Islamic activists, although the
Minister of Interior has often rejected the rulings. Under the
terms of the emergency law, the Minister of Interior, by the
authority of the President, may reject a court order to release
defendants in state security cases. In October a judge ordered
the release without bail of the deputy editor of Al-Wafd
newspaper, who was accused of soliciting a substantial bribe,
reportedly because the prosecution had failed to submit its
report to the court within the 24 hours required by law.
Courts also ordered the release of the striking train
conductors and the members of the Al-Jihad organization who
were arrested after holding public prayers in Cairo's Abdeen
Sc[uare on a religious holiday.

Two judicial institutions criticized by the opposition and
others as superfluous and potentially dangerous to the
judicial system are the Court of Ethics and its investigating
agency, the Office of the Socialist Public Prosecutor. Created
in 1980, the court is charged with trying offenders of
"Socialist values." In 1986 the court continued its recent
focus on cases of corruption and illegal business activities.
The Office of the Socialist Public Prosecutor functions as
investigator and prosecutor for the Court of Ethics. Its
other tasks include approving candidates for elective positions
in the trade union movement and performing security checks on
appointees to senior government positions.

Article 2 of the Constitution states that Islamic jurisprudence
is the principal source of law. However, literal application
of Islamic law is limited to the Family Status Courts, which
have jurisdiction over such matters as divorce and inheritance
for Muslims. In addition to Islamic law, these courts apply
the codes of other religions in family matters if the parties
are non-Muslim. In May 1985, the People's Assembly debated
proposals for the implementation of the Shari'a (Islamic law)
and voted by a large majority to conduct a law by law review
of all statutes in order to change those conflicting with
Islamic law. The review process is expected to require years
to complete.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Freedom from arbitrary interference in private life by the
State or by political organizations is guaranteed by the
Constitution. Except when the emergency law is applied,
police must obtain a warrant from the State Security
Prosecutor before undertaking arrests, searches, or seizures.
The warrant need not specify the material being sought in a
search, and the material seized can be presented as evidence
during trials. On occasion, the courts have dismissed cases
when they determined warrants to have been issued without
sufficient cause. Police officials who conduct searches

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without proper warrants are subject to criminal penalties, but
there were no reports that officials were punished for this
offense in 1986.

The emergency law empowers the President to authorize searches
of individuals or premises without following normal penal code
procedures. In the aftermath of Sadat's assassination in 1981,
a few reports in the opposition press have referred to
warrantless searches in connection with investigations of
extremist organizations, both Islamic and leftist.

The opposition press reported in 1986 that the security
services had obtained new equipment to expand their capability
to monitor telephone conversations of opposition figures and
Islamic activists. However, monitoring of correspondence or
telephones appears to take place only with the legally required
prior authorization of the State Security Prosecutor.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and of the press.
The Government's respect for these freedoms is reflected in the
lively debate of national issues and criticism of government
officials in the media. Considerable debate appears in the
so-called "national press" — the major government-owned dailies
and news magazines — but the weekly opposition party newspapers
and publications of Islamic groups are especially critical.
Although the emergency law can be used to ban publications,
the Government under Mubarak has not invoked it for this
purpose .

There is a widely held view, which extends to opposition
circles, that the Egyptian press has never been freer.
Egyptian editors appear to exercise less and less control over
journalists and columnists, to the extent that columnists for
the same newspaper have begun to attack each other in their
columns. The opposition papers are free to publish whatever
stories support the political inclinations of their sponsoring
organizations, with little regard for the factual bases of
these stories. Journalists and other individuals slandered or
maligned in the press may sue in court or, in the case of
journalists, raise the matter with the press syndicate. By
virtue of their positions, the President and members of the
People's Assembly and the Shura Council may not sue for libel.

Nonetheless, the Government occasionally exercises influence
on the government-owned dailies and magazines, whose editors
in chief are appointed and can be dismissed by the
NDP-dominated Shura Council. The Council theoretically
supervises the press to some extent through the Government's
ownership of the major nonparty newspapers and magazines and
through the Higher Press Council.

The latter, a 45-member body chaired by the Speaker of the
Shura Council and composed of senior press figures, is not
designed to facilitate press censorship, nor does it appear to
be a very active body. One of the Higher Press Council's
functions, however, is to approve applications for new
publications; on a few occasions applications to publish
independently owned journals have been rejected or delayed for
lengthy periods. This approval, however, is required only for
publications appearing regularly on a set schedule. Items

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appearing irregularly are published without the Council's
certification.

Overt censorship does not exist. Nevertheless, journalists
and editors working for the government-supported newspapers
are occasionally "guided" by officials about the treatment of
specific issues. Government guidance, when exercised, is given
informally to senior editors and board chairmen by senior
officials such as the Minister of Information. This does not
happen often; usually the editors know the policy and are aware
of the limits which they are expected to observe. The
Government does not give such "guidance" to the opposition
press. Since Mubarak assumed the presidency, there have been
no confirmed reports of government action to silence press
critics. Press coverage of the arrests of Islamic extremists
and other sensitive topics during the year was not censored.
No journalists have been arrested on political grounds,
although many observers regard the bribery charges leveled
against the deputy editor of the opposition Al-Wafd newspaper
to be politically motivated harassment. In October the
prosecutor created a furor by turning this case over to the
Higher State Security Court and seeking a life sentence with
hard labor for the defendants. The courts overturned an
attempt to confiscate an edition of an opposition newspaper in
1984. No attempt at confiscation was made in 1985 or 1986.
Two of the five Muslim and Coptic religious publications
suspended by the Sadat government in 1981 have yet to reappear,
despite a 1982 court decision canceling the suspensions. The
two publications are the Muslim Brotherhood's Al-Dawa and the
Coptic Al-Kiraza Al-Murqusiya .

A wide variety of foreign reading matter in both Arabic and
other languages is readily available.

b. Freedom of Peaceful Assembly and Association

Under the emergency law, the Government can place limitations
on the constitutionally guaranteed right of assembly.
Permission is required from the Interior Ministry to hold
public meetings, mass political rallies, and protest marches.
Despite this emergency authority to restrict gatherings of
government opponents, the Government has allowed opposition
parties to hold numerous meetings and rallies, usually
stipulating that they be held indoors. The Interior Ministry
allowed Islamic organizations to organize Greater Bayram
prayers in specified areas in September 1986, but denied
Islamic activists access to Abdeen Square in Cairo. Most of
the gatherings proceeded peacefully and without interference,
but some members of the Al-Jihad organization defied the ban
on gathering in Abdeen Square and were arrested.

Professional associations, in particular the bar association
and the press syndicate, criticize government policies in
their pronouncements and occasionally sponsor protest
activities. The associations operate largely free of
government interference. In the most recent elections for the
governing boards of the bar association and the commerce and
engineers syndicate, the balloting was fair and competitive,
with no intervention by the authorities.

There are no restrictions on workers' freedom to organize, and
about 20 to 25 percent of the work force are unionized. Every
50 workers in a given activity can form a committee, which
operates as a local union. These locals are affiliated with
national unions, all 23 of which are required to affiliate

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with the sole labor federation, the Egyptian Trade Union
Federation (ETUF) . There have been complaints to the
International Labor Organization (ILO) that requiring all
unions to join a single national federation infringed upon
workers' right of freedom of association. In response to these
complaints, the Government established a commission to study
the possibility of amending the labor laws to bring them into
conformity with the ILO conventions on freedom of association.
Although there was considerable public discussion in 1986
about reforming the labor law, the debate largely focused on
issues unrelated to the ILO.

The trade unions' principal function is to defend their
membership's rights in dealing with management on such issues
as wages and working conditions. Labor groups pursue these
issues with considerable freedom. However, there are
restrictions. Setting wages through collective bargaining is
not permitted. Instead, management consults closely with
unions in fixing wages. The labor code also provides for a
system of arbitration to resolve wage and working condition
issues, but omits any reference to the right to strike. The
law of national unity prohibits strikes that threaten the
national economy; the striking train conductors were arrested
under this provision. In practice, strikes are discouraged by
both government and trade union leaders.

The Egyptian Trade Union Federation (ETUF) adheres to the
principle of nonmembership in international labor
organizations, except for the Organization of African Trade
Unity, the Arab Labor Organization, and the International
Confederation of Arab Trade Unions. However, the latter
suspended Egypt's membership in 1978 in response to the Camp
David accords, as did the Arab Labor Organization in 1979.
Despite the ETUF's prohibition, some individual unions have
affiliated with international trade union organizations. The
ETUF itself has signed various international trade union
agreements, one of them with the AFL-CIO. There appear to be
no restrictions on the international affiliations of
professional associations.

c. Freedom of Religion

According to the Constitution, Egypt is an Islamic state which
guarantees freedom of religious expression and equality before
the law regardless of religion. Egypt has a tradition of
religious toleration, and the authorities generally uphold the
rights of religious minorities. Islam and Coptic Christianity
are the two major religions. While most Egyptian Jews
emigrated many years ago, those few who remain appear to
practice their faith without restriction or harassment.
Synagogues and churches are routinely provided police
protection. Various Protestant sects operate, some with
significant Egyptian membership, while others have a small
following, largely among expatriates. All organized religions
which are recognized may maintain links with coreligionists
abroad. Those who engage in proselytizing Muslim Egyptians
may be prosecuted for "despising a heavenly religion" (Article
98f of the penal code) or under the broad terms of the law of
national unity, even though missionary work is not specifically
banned. Conversion from Islam, while officially not restricted
or penalized, is discouraged by the Government. Conversion to
Islam or between Christian denominations is unaffected.

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In February 1985, the Government arrested 41 adherents of the
Baha'i faith, which is not considered a recognized religion
but apostasy from Islam; within a week those arrested were
reportedly all released. The press later reported that the
State Security Prosecutor had declined to try the Baha'is
because their ostensible offense, belonging to an apostate
religion, is not a crime under Egypt's penal code; instead, he
transferred the case to another court for prosecution under
statutes forbidding the use of religion to promote seditious
ideas and for the violation of a 1960 law outlawing organized
activities by Baha'is. As of the end of 1986, the court had
not ruled on the charges .

In January three Egyptian sisters and the husband of one of
them, all four Protestant converts from Islam, were arrested.
Two more Egyptian Protestant converts from Islam, a 56-year
old man and his daughter, were also arrested. All six were
held under the emergency law and accused of "despising Islam."
On August 11, in response to defense arguments that existing
law did not prohibit conversion from Islam, the court ruled
for their release; the Minister of Interior did not contest
the decision. The Islamic opposition newspaper Al-Nur
subsequently urged the People's Assembly to pass a law
prohibiting conversion from Islam, claiming that apostasy
should be treated as seriously as treason.

Two Moroccan and two Tunisian Christian converts were arrested
in Alexandria in April while attending a church leadership
training seminar organized by the Campus Crusade for Christ.
They were subsequently transferred to Tora prison near Cairo.
The emergency law was applied to these arrests, and the charges
were based on the law of national unity. After several
appeals, the court released them in October to the custody of
the Ministry of Interior, and they were allowed to leave the
country.

In March draft legislation that would impose the penalty of
life imprisonment with hard labor or the death sentence on
anyone promoting apostate views was proposed in a committee of
the People's Assembly. The original proposal was later changed
to provide for punishment of persons who claim to prophesy or
who attribute prophecy to someone else. Although the proposed
law did not refer directly to any group, the apparent targets
of the legislation were members of Egypt's small Baha'i
community and the small Mahdist sect, whose leader claims to
be a prophet. Since Muhammad's status as the "seal of the
prophets" is a fundamental Islamic tenet, subsequent claims to
prophecy are viewed by some Muslims as apostasy. This draft
legislation has not been approved by the NDP leadership in the
Assembly, and remains stalled in committee.

All faiths can, in principle, establish places of worship, run
schools, and train enough clergy to serve believers. Under a
law dating back to the Ottoman era, non-Muslims must obtain
numerous official permits, not required of Muslims, to build
places of worship. Obtaining authorization can take years.
Permits are not required for the restoration of existing
churches but are needed to enlarge the structures.

Coptic Christians, the most significant indigenous religious
minority, constitute an estimated 10 percent of the population.
Copts work in all career fields, occupying many leadership
positions in the business and professional communities. Copts
seem by and large to enjoy equal access with Muslims to public
employment, although there appear to be instances of

1140

EGYPT

discrimination. They are not strongly represented at the
highest levels of government; 2 of 33 cabinet ministers and
9 of 458 People's Assembly deputies are Copts. Copts seldom
advance to the senior ranks of the military.

University officials have denied allegations that general
admissions procedures were revised in the fall of 1984 in
order to discriminate against Copts. Allegations of anti-Copt
discrimination in admissions to some fields of medical study
are still heard. There are also reports that the universities
effectively block Coptic professors from becoming chairmen of
certain departments and administrators. The Government has
denied a request to establish a Coptic university.

Though Copts face prejudice and isolated acts of discrimination
from some Muslims, there is no evidence that these acts are
officially inspired. President Mubarak has emphasized
publicly the full equality of Copts and other religious
minorities. The courts' application of Islamic law to family
matters in the Muslim community (marriage, inheritance,
personal property) — and the Islamic influences elsewhere in
the legal system — have not affected the constitutionally
guaranteed freedoms of Copts and other minorities.

Since reaching a peak in the period preceding Sadat's
assassination, reports of persecution and physical attacks on
Copts by Islamic extremists have sharply diminished. The
Government, however, continues to take precautions, such as
posting security forces near Coptic churches. In an October
1985 interview with Al-Ahram, Pope Shenouda praised the spirit
of national unity prevailing among Egyptians and said that
"sectarian violence" is an expression alien to Egypt. His
publicly stated view that Muslim-Copt relations have improved
greatly appears to be widely shared in Coptic circles.

Political activity along religious lines is forbidden, and
various Islamic and Coptic societies are legally proscribed.
Although the Muslim Brotherhood (MB) is technically banned,
its activities are tolerated so long as they do not threaten
state security or foster sectarian tensions. In the May 1984
elections to the People's Assembly, eight MB adherents were
elected on the New Wafd Party's slate; in May 1985, the courts
ruled that mere membership in the MB is not a criminal offense.
The MB has a lawsuit pending, seeking restoration of its legal
status. Following its short-lived alliance with the New Wafd,
the MB has flirted with other opposition groups and proposed
its own political organization.

Egyptian law prohibits the use of places of worship to
criticize the State. The courts have not yet ruled on a
challenge to the constitutionality of this restriction.
Although the Government maintains that sermons by Islamic and
Coptic religious figures are not censored, Muslim prayer
leaders are occasionally detained and questioned for
delivering allegedly inflammatory declarations in their
mosques. The Ministry of Awqaf (religious endowments) has
also been known to substitute imams for troublesome preachers
at mosques under its control as well as to take over the
administration of some privately run mosques considered to be
the centers of antigovernment activity.

Pope Shenouda III, whose recognition as Coptic Orthodox
Patriarch was revoked by the Government in 1981, remained in
government-enforced seclusion (internal exile) for over
3 years until his release by presidential decree on January 1,

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1985. There appear to be no conditions attached to his return
to public life and full papal responsibilities. In 1986 he
traveled to Alexandria and maintained contact freely with his
principal dioceses. Elections postponed by the Pope's
seclusion were held in April 1985 for the Coptic Melli Council,
a 24-member lay body that oversees some church administrative
matters .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Egyptians are guaranteed freedom of movement except in well-
defined military districts; there are additional restricted
areas to which foreigners may not travel. Except for
limitations affecting males who have not completed compulsory
military service and restrictions imposed under the state of
emergency, freedom of foreign travel and emigration is
guaranteed. Citizens who leave the country have the right to
return. Some who left for political reasons have returned
since President Mubarak assumed office. There are no known
cases of citizenship being revoked for political reasons.

Under the state of emergency, the Prime Minister has authority,
which he may delegate to the Interior Minister, to restrict
foreign or domestic travel. The opposition has alleged that
this emergency authority has been used to prevent suspected
Islamic militants from leaving the country. According to an
Interior Ministry statement of April 1985, fewer than 500
persons were subject to travel restrictions (in contrast to
45,000 in the Nasser era). All restrictions were imposed by
judicial order in accordance with penal code provisions and
most of the persons had criminal cases pending. The situation
appears to have remained materially unchanged in 1986.

Egypt has a liberal policy on political asylum, and the
extradition of political refugees is prohibited by law. The
United Nations High Commissioner for Refugees has commended
Egypt for contributing to refugee relief by allowing about 500
school-age African refugees to enter Egypt temporarily and
attend school for nominal fees while awaiting resettlement
elsewhere. In September 1985, the Interior Minister testified
to People's Assembly committees that there were 3,000 political
refugees from other Arab countries in Egypt. Sudanese
officials have sought the extradition of former Sudanese
President Jaafar Nimeiri from Egypt and have challenged his
refugee status in the Egyptian courts, thus far unsuccessfully.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Egypt's political system is characterized by a strong
presidency. The President heads the National Democratic Party
(NDP), which wields a substantial majority in the People's
Assembly, but a number of opposition parties are allowed to
organize, publish their views, and, in some cases, represent
their followers in the People's Assembly and on the local
level .

The largest and most influential of the five legally formed
opposition parties is the New Wafd, a revival of the Wafd, one
of the major political parties before the 1952 revolution.
The New Wafd resumed activity in 1983, following court
decisions that restored its leaders' political rights and
affirmed the party's legal status.

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The Communist Party has been banned since the early 1950 's,
although the National Progressive Unionist Grouping, a Marxist
party frequently referred to as Communist by Egyptians, is
legal. A 1977 law prohibits the formation of new parties based
on religious or class lines, or whose platforms duplicate those
of existing ones or include opposition to the Egyptian-Israeli
peace treaty. The law also established the so-called "Parties
Committee" which must approve the formation of new parties.
Applicants are entitled to challenge in court an adverse
decision by the Committee. In 1985 the sponsors of a proposed
Nasserist party filed suit when the Committee turned down their
application. The Administrative Court referred the case to
the Supreme Constitutional Court where the matter has remained
pending. The Administrative Court stated that provisions of
the 1977 parties law may be unconstitutional because of
apparent contradictions with the political rights of citizens
and their right to freedom of expression. In October 1986,
Nasserist party leaders claimed to be nearing completion of
the party's legal establishment. They were increasingly
engaged in open political activities, including rallies.
Security authorities questioned the party leader concerning
these activities, which may have exceeded the fledgling
party's rights.

The People's Assembly comprises 458 members, of whom 10 are
appointed by the President. Half of the elected seats are
reserved for worker and peasant representatives, and 31 for
women. Following the most recent elections in 1984, the NDP
controls the People's Assembly with 395 seats. The New Wafd
has 58 seats, and other parties have 5 (all appointed). Both
NDP and opposition deputies can and do strongly criticize the
Government. Cabinet ministers appear before assembly
committees. Assembly members occasionally call for
parliamentary investigations of government actions or policies
that require the testimony of government officials.

In the hard-fought 1984 campaign, the NDP and the four
participating opposition parties together fielded over 2,000
candidates. The elections, in which 43 percent of Egypt's
approximately 12 million voters cast ballots, were generally
regarded as the freest and most competitive since the 1952
revolution. A number of losing opposition candidates filed
court cases challenging the election results. These cases are
still pending.

A major opposition complaint focused on the July 1983
electoral law which replaced the previous system of single-
member constituencies with a party list system. In each of
the 48 electoral districts, assembly seats were awarded in
proportion to the number of votes for each party's list,
subject to the requirement that a party receive at least
8 percent of the total vote. The opposition parties have
criticized this "8 percent" proviso as excessively high and
have filed court suits challenging its constitutionality on
the grounds that it infringes upon the eq[ual rights provisions
of the Constitution.

During the months leading up to the October 1 Shura Council
elections, the leaders of the opposition parties made a joint
request to President Mubarak to change the electoral system
for the Council. According to this system, the party list
winning a majority of the votes in a given governorate gains
all the seats for that constituency, provided the party wins
at least 5 percent of the national vote. Charging that this
system unfairly disadvantaged them, the opposition parties

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boycotted the elections when the Government refused to change
the rules.

The Government announced a voter turnout of 81 percent for the
uncontested Shura Council elections, and overwhelming support
for NDP condidates . Some observers said that the Government's
claim about the high turnout seemed greatly exaggerated and
noted that voters had no alternative to NDP candidates except
to vote "no. " Arguing that the 11 million votes claimed by
the Government exceeded the number of registered voters then
present in the country, the opposition parties said they would
present charges of electoral fraud to the public prosecutor.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Egypt has signed the Organization of African Unity's African
Human Rights Charter and has reaffirmed its commitment to the
U.N. Human Rights Declaration and respect for related
international conventions. The Government is responsive to
queries from Amnesty International and other international
groups about human rights concerns, including requests for
visits. Within the Government, primary responsibility for
international human rights matters rests with the Foreign
Ministry's Legal Office and Office of International
Organization Affairs.

Human rights groups in Egypt are increasingly active in
promoting domestic and foreign human rights issues. Their
activities cover such areas as prisoners' welfare and women's
rights; some groups are also trying to mobilize public support
on certain political issues. The Egyptian chapter of the Arab
Human Rights Committee contacts the Ministry of Interior
directly on human rights issues. For example, it raised the
Amnesty International report on the six detained Egyptian
Christian converts (see Section 2.c.) with Minister of
Interior Badr . Women's rights groups actively lobbied for
passage of the family status bill enacted by the People's
Assembly in July 1985. The Government generally does not seem
to interfere with these organizations, though it apparently did
not permit the holding of one conference in Cairo sponsored by
the Arab Human Rights Committee.

In its 1986 Report, Amnesty International noted that it had
published a separate report, "Egypt: Evidence of Torture
1981-1983" (see Section I.e.) and had sent a copy to the
Egyptian Government for comment. Amnesty International noted
that, in a replying memorandum, the Minister of State for
Foreign Affairs had referred to constitutional and other
legislative guarantees of personal and social liberty, as well
as provisions safeguarding detainees from torture, and had
reaffirmed Egypt's commitment to international human rights
instruments. In its reply to the Government's memorandum.
Amnesty International welcomed Egypt's response but also
expressed the hope that the Egyptian Government would give
serious consideration to implementing Amnesty International's
specific recommendations for safeguards against torture and
ill-treatment of detainees.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

By law, and in many respects in practice, there is equality of
the sexes. Women are represented in medicine, law, education.

66-986 0-87-37

1144

EGYPT

and the military (in the medical units). They vote and serve
in the People's Assembly and the Cabinet. They are generally
free to travel, though a married woman must have her husband's
permission to obtain her initial passport. A husband may
rescind his permission and request that his wife's passport be
canceled, but such cases are rare. A married or divorced
woman also may not take her children abroad without her
husband's permission. Under Islamic law, female heirs are
entitled to one-half the amount of inheritance that male heirs
can receive. In rural areas and within more traditional
communities, prevailing cultural values make it more difficult
for women to pursue careers outside the home. In such
households, by custom and tradition, women occupy a subordinate
and dependent role.

The new family status law, enacted in July 1985 with strong
support from President Mubarak, amplified the legal basis for
equality of the sexes. The statute largely preserved women's
right to divorce and divorced women's child custody and
property rights, spelled out in a 1979 act which had been
declared unconstitutional on narrow technical grounds by the
Supreme Constitutional Court. Although the 1979 statute
provided that a husband's second marriage was sufficient
grounds for the first wife to obtain a divorce, the new version
required proof that the second marriage had caused her material
psychological harm. On the other hand, the new law also
required the husband to declare second and subsequent
marriages, with failure to do so constituting grounds for
divorce by the first wife. The successor law retains the
controversial provision that, in case of divorce, the woman has
the option of retaining possession of the family residence or
of receiving financial compensation.

CONDITIONS OF LABOR

Employers are required by law to provide acceptable terms and
conditions of employment for their workers. The mininum wage
is approximately $22 a month, and the regular workweek is fixed
at 48 hours for factory workers.

Employers are legally required to meet worker safety and health
norms, which are modeled on the ILO's suggested standards.
There are special provisions for female workers. Employers who
violate wage, hour, and safety and health provisions face civil
and criminal penalties, and independent sources confirm that
the courts occasionally impose fines on offending companies.

The minimum age for full-time employment is 12, which is also
the minimum school-leaving age. Certain forms of dangerous or
heavy labor, such as mining, are not legal for children aged
12 to 18. There is evidence that the traditional practice of
using underage children to perform full-time jobs continues,
particularly in the rural areas. In the latest survey (1981)
of the labor force, the Government's Central Statistics Agency
reported that over half a million children aged 6 to 12 were
regularly employed, a majority in the agricultural sector.

1145

U.S. OVERSEAS

■LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: E3YPT

1984

1985

1986

I.ECON

A. AID

(SE

8. FOG

TITLE

REPA

PAY.

TITLE

c.RE

VOL.

C.OTH

ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAK

OTH

PP. ASSIST.)..
R PEACE

3TAL

N $-LOANS....,

FOR. CURR

TOTAL

.EC.DEV 5 WFP,

EF AGENCY

CON. ASSIST...

C£ CORPS,
COTICS...
ER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL.50.TRNG. .
D.TRAN-cXCESS STOCK.
E. OTHER GRANTS

1104.1

1292.1

1069.2

237.5

213.8

0.0

866.6

1078.3

1069.2

852.9

1065.1

1069.2

0.0

852.9

1065.1

1069.2

852.9

1065.1

1069.2

251.2

227.0

0.0

237.5

213.8

0.0

13.7

13.2

0.0

237.5

213.8

0.0

237.5

213.8

0.0

13.7

13.2

0.0

0.4

0.0

13.3

13.2

0.0

O.D

0.0

1366.7

1176.7

2489.9

900.0

0.0

1244.1

466.7

1176.7

1245.8

0.0

900.0

0.0

1244.1

1.7

0.0

3.0

0.0

465.0

1175.0

1244.1

III. TOTAL ECON. 5 MIL

LOANS ,

GRANTS ,

2470.8 2463.8 3559.1
1137.5 213.8 1244.1
1333.3 2255.0 2315.0

OTHER US LOANS 199.9

5.3 0.0

£X-IM 3ANK LOANS 155.7

ALL OTHER 44.2

0.0 0.0
5.3 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

523.7

443.7

157..0

4717.1

ISRO

453.0

263.3

70.0

2920.3

IFC

3.0

6.5

87.0

299.1

IDA

0.0

980.6

lOB

0.0

A03

0.0

AFDB

23.8

109.6

, 0.0

194.3

UNDP

0.5

1.3

0.0

99.0

OTHER-UN

13.4

0.0

43.3

ESC

25.0

62.5

0.0

180.5

1146

INDIA

India is a secular, democratic republic with a political
structure mixing Indian political traditions with aspects of
the British parliamentary system. Free elections are held
regularly. The last general elections were held on December
24, 1984.

Prime Minister Rajiv Gandhi's Congress (I) Party holds almost
80 percent of the seats in the Lok Sabha, the lower house of
India's Parliament. It also controls the upper house (Rajya
Sabha) and the legislatures of 11 of the 24 states, and
participates in the ruling coalition of one more state. The
state government of Mizoram was dissolved in August to make
room for an interim coalition government as part of a
political settlement designed to end the 20-year old Mizo
insurgency. Also, negotiations between center and state
politicians led to the end of direct rule from New Delhi and
the reinstatement of Farooq Abdullah as Chief Minister of the
state of Jammu and Kashmir in November and an agreement to
hold elections in the spring of 1987.

The Indian economy is mixed. Banks, air and rail transport,
public utilities, and much heavy industry are owned and
operated by either the central or state governments. The
agricultural sector, manufacture of consumer goods, and
services other than financial are largely in private hands.
Some rules regulating private economic activity have been
relaxed under the present administration.

India is a secular state. Approximately 83 percent of its
population are Hindus and 11 percent Muslims with smaller
proportions of Jains, Buddhists, Christians, Parsis, Sikhs,
and animists.

The most serious human rights concerns in India in 1986 were
due to the intercaste violence linked to criminal elements,
especially in the state of Bihar; the continuing violence in
the Punjab; the emergence of communal and quasi-religious
gangs as a political force; and the difficulty of controlling
and punishing police mistreatment of arrested suspects.

Social tension in Bihar has given rise to extralegal violence
by some landlords with links to criminal elements and
politicians, sometimes in league with local police, against
disadvantaged classes seeking improved economic and social
conditions. Two multiple killings attracted press and public
attention. The state government has yet to demonstrate its
effectiveness in either controlling the violence or resolving
the underlying social tensions.

In the Punjab, the Akali Dal government of Surjit Singh
Barnala has stayed in power with the support of the Congress
(I) in spite of splits within the Akali Dal. The center and
state governments continue to wrestle with the implementation
of the Punjab Accord — the agreement reached in 1985 containing
provisions for settling the major points of contention between
the Sikhs and the Government — which is hampered by the
competing demands of various interested parties. Sustained
police action under emergency powers brought an apparent
reduction in the overall level of political violence in that
state, but the murder of 22 bus passengers by Sikh terrorists
November 30 heralded an upsurge of violence at the end of the
year. G. S. Tohra, a member of the breakaway Akali Dal (B)
faction opposed to the Barnala government, was arrested
December 2 along with several others on charges of supporting

1147

INDIA

terrorism and advocating violence. On December 5 the Punjab
and center governments promulgated new rules under the existing
Terrorist and Disruptive Activities (Prevention) Act of 1986,
giving them sweeping new powers to combat terrorism, including
providing for the death penalty for terrorist acts resulting
in the death of the victims, authorizing the tapping or
disconnection of the telephones of suspected supporters of
terrorist acts, and prohibiting the publication of material
derived from terrorist-related sources.

Some political leaders in Punjab claim that police efforts
have resulted in the deaths of persons with no clear terrorist
connection. This claim is disputed by police authorities.
The level of terrorism elsewhere related to the Punjab has
declined, although incidents such as the murder of retired
Army Chief of Staff General A. S. Vaidya in August and the
October 2 attempt to assassinate Prime Minister Rajiv Gandhi
continue to plague India.

Major Hindu-Muslim communal violence occurred during the year
in Ahmedabad, Allahabad, and Bangalore. Hindu-Sikh clashes in
Delhi occurred periodically, including after the murder of
several bus passengers in the Punjab in August. From time to
time reports continue to appear in the press of murders of
untouchables by higher-caste Hindus.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The Government does not engage in political killing. On the
other hand, political action in India often involves violence.
Violence which on the surface seems to be communal or caste-
related often has political links.

Intercaste and political violence in the eastern state of
Bihar was reported prominently in the press during the year.
In April 23 people were killed by police at the village of
Arwal. While police claim that a mob was attacking a station,
some observers report that the crowd was holding a rally in a
schoolyard. In July 10 lower-caste people in Kansara village
were killed by upper-caste people, reportedly in retaliation
for the murder of a landlord over fishing rights. The police
did not begin their investigation until 48 hours after the
killings. Some observers note a nexus between certain
politicians, criminal gangs, and some landlords in rural areas,
using private armies and local police to resist demands for
social and economic change. According to several press
reports, 77 persons died in clashes with Bihar police over a
12-month period; over 2,100 attacks against lower-caste
persons were reported. In turn, lower castes have increasingly
joined the activities of radical organizations. The Bihar
state government has not been effective in coping with the
violence. The state assembly, in which sit some politicians
associated in the press with these abuses, denied a motion to
debate the Arwal massacre. Two ultra-leftist organizations in
August organized a "gherao" (a form of protest) over the Arwal
massacre. The state government banned these organizations and
detained more than 18,000 of their members throughout the
state. The state then banned all private armies in Bihar, but
many apparently continue to operate.

1148

INDIA

In the Punjab, both Hindus and Sikhs continue to be victims of
violence. Sikh terrorist organizations appear to be
systematically targeting local Hindu political and community
leaders. The Government, during the most recent session of
Parliament, passed a law allowing the report of the commission
charged with investigating the 1984 anti-Sikh riots to remain
secret. The Government has not yet begun prosecuting persons
believed to have instigated these riots.

In West Bengal, armed state police and supporters of the
ruling Communist Party of India (Marxist) and the cadre and
supporters of the so-called Gorkha National Liberation Front
regularly resort to violent action in connection with the
agitation for autonomy for Nepali-speaking areas.

Law and order in the Indian system is primarily the
responsibility of the various states. The cjuality, training,
and even-handedness of police vary from state to state, as
does the willingness of political authorities to restrain
political violence. The decision to institute judicial
proceedings in cases of politically related violence also
often appears to be heavily political. In any event, judicial
processes are lengthy.

b. Disappearance

Some Sikhs claim that the Government has not yet accounted for
a small number of people seized during the Golden Temple
operations in 1984 and subsequent security operations in the
Punjab.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture and cruel treatment are prohibited by law in India.
Indian case law excludes confessions or information extracted
through the use of force or torture from being admitted in
court. Throughout 1986, however, the press continued to
report abuse of prisoners and suspects by police in many
Indian states. In December 1985, the disclosure of the
blinding of 31 persons awaiting trial in Bihar, which had
occurred in 1980 and 1981, led to the suspension of 16
officers. The officer who reported the allegations was
allegedly among those suspended. The Indian press continues
to cite the police in the southern state of Andhra Pradesh as
particularly brutal. In January the death in police custody
in Delhi of a young Sikh accused of harboring a suspect
involved in a political assassination raised charges by human
rights organizations, members of Parliament, and the press
that his death resulted from torture. Other reports accused
the police of staging fake encounters with terrorists to cover
up deaths in police custody and attributing deaths in custody
to incorrect causes. In a violent incident outside a Sikh
temple in New Delhi December 5, a truck with four occupants,
apparently Sikhs, ploughed through police lines and crushed to
death three members of the Central Reserve Police Force.
Police fired to control the crowd, killing several people,
and, in defiance of Delhi police orders, beat to death one of
the truck's occupants. While center and state governments do
not formally condone police abuses, there have been few
official inquiries into such incidents and allegations.

Prisons are crowded, prison conditions are poor, and pretrial
detention may last for an extended period of time. Press

1149

INDIA

reports include claims of sexual abuse of female prisoners and
use of prisoners by prison officials for domestic labor. The
penal system grants different privileges to different
categories of prisoners. Political prisoners and foreign
nationals are provided less crowded cells, better food, and
some amenities such as access to publications. Governmental
response to charges of police brutality varies from state to
state.

d. Arbitrary Arrest, Detention, or Exile

Under the Constitution, an arrested person must be informed of
the grounds for arrest, given the right to be represented by
counsel, and produced before a magistrate within 24 hours of
arrest. At this initial appearance the accused must be either
remanded for further investigation or released. These
provisions are generally respected.

The enactment of preventive detention laws in the event of
threats to public welfare and national security is permitted
under the Constitution. Such laws provide for limits on the
length of detention, usually 12 months, and for judicial
review of such detention. Two such laws are in force. One
permits arrest of economic offenders; this is rarely used.
The second, the National Security Act (NSA) , permits detention
of security risks. To be released from detention under this
law, a court must determine that all grounds for detention are
invalid. Upon expiration of the detention order, an additional
order can be issued for another 12 months, making it
theoretically possible for a detainee to be held indefinitely
without trial. The NSA has been used in the Punjab, but most
of those held have been released by the state government. The
union government has, however, kept 360 persons arrested
during Operation Bluestar (the June 1984 army action at the
Golden Temple, the Sikh's holiest shrine) in detention without
charges at Jodhpur (Rajasthan) jail.

Incommunicado detention is practiced under the Terrorist
Affected Areas Act, which applies to the Punjab and Chandigarh.
All detainees have the right to have their detention reviewed
by courts.

Exile is not practiced as a punishment in India. Forced labor
is in effect prohibited by constitutional provisions
establishing the "right against exploitation" as a fundamental
right of Indian citizens and is not used as a form of
punishment .

e. Denial of Fair Public Trial

The Indian Criminal Procedure Code provides for open trial in
most cases but allows the judiciary, under certain
circumstances, to close proceedings. Such circumstances
include proceedings involving official secrets or trials in
which statements prejudicial to the safety of the State might
be made. Sentences must, however, be announced in public.
Generally, Indian legal procedures assure a fair trial,
although the process can be drawn out. Defendants have the
right to choose counsel from an Indian bar that is fully
independent of the Government. Effective appeals channels
exist at all levels of the judicial system.

The vigor of the Indian judicial system is demonstrated by the
active and comprehensive defense and appeals process being

1150

INDIA

provided those accused of the murder of the late Prime
Minister Indira Gandhi, certainly by far the most prominent
judicial proceeding in the past decade. There were no reports
of any prosecutions in 1986 under the 1984 Terrorist Affected
Areas Act, which had brought special courts and judicial
procedures to cases in areas with widespread and prolonged
civil disturbances.

Courts martial have continued to try Sikh military personnel
who deserted after the 1984 raid on the Golden Temple. The
Punjab Accord calls for a "rehabilitation process" to be
provided for those discharged from the army after their
desertion. Major progress has been made in carrying out this
process, and the army has agreed to extend full benefits of
army group insurance to the families of those soldiers who
were killed following their desertion in June 1984.

Judges in the Indian judicial system are selected by the Law
Ministry following consultations with the Chief Justice of the
Supreme Court .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under Indian law, warrants are normally required for searches
and seizures. In a criminal investigation, however, police
may conduct searches if there would be undue delay, but must
justify search without a warrant in writing. There have been
no reports that this right is abused. Unannounced midnight
raids on homes and businesses by tax authorities to seize
records and evidence drew criticism in 1986; procedures for
such raids reportedly have since been modified. Under
"Disturbed Areas Legislation," the authorities continue to
have special powers in the Punjab to search and arrest without
warrant and to shoot to kill under certain circumstances.

Surveillance of communications, including tapping telephones
and intercepting personal mail, is authorized by law "on the
occurrence of any public emergency or in the interest of the
public safety or tranquility." Censorship of mail is legal in
certain circumstances, such as a public emergency. Except in
these circumstances, the Government does not normally interfere
in the private lives of Indian citizens.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees the right of free speech. Freedom
of the press is derived by extension of freedom of speech.
The Government can proscribe printed material which in its
view may incite religious or communal hatred.

Films are reviewed by a film censorship board before being
licensed for distribution. The board censors material deemed
overly violent or offensive to either public morals or to
religious or communal sentiment. Radio and television are
government monopolies. Opposition parties often accuse both
media of favoring the ruling party.

The print media reflect the full spectrum of opposition
viewpoints. Many parties control their own papers or
journals. There are no restrictions on criticism of the
Government in the lively and free Indian press.

1151

INDIA

b. Freedom of Peaceful Assembly and Association

The Constitution protects the right of peaceful assembly and
the right to form associations, including unions. These
rights are respected. Government authorities sometimes
require permits and notification prior to holding parades and
demonstrations. At times of civil tension, local governments
can ban public assemblies and impose curfew. Ordinarily,
governments respect the right to protest peacefully, including
such traditional Indian forms of protest as "gherao," in which
an office is surrounded by protesters who allow nobody to
enter or leave, and sit-downs blocking public thoroughfares.

The Industrial Disputes Act of 1947 and the Indian Trade Union
Act of 1926 established the right for labor to organize,
bargain collectively, and strike. Under the Essential
Services Maintenance Act, the Government can ban strikes and
require conciliation or arbitration in 16 essential
industries. Five percent, or approximately 14 million, of
India's work force belong to labor unions. This represents
roughly half of the workers in the so-called modern industrial
sector of the economy. Four-fifths of India's work force,
however, is in the rural sector, where organization is
difficult. The Government, labor unions, and employer
organizations all play a role in developing labor policy and
industrial relations norms.

Unions and professional bodies are free to maintain contact
with international bodies. The Indian National Trade Union
Congress and the Hind Mazdoor Sabha are affiliated with the
International Confederation of Free Trade Unions. The
All-India Trade Union Congress, associated with the Communist
Party of India, is affiliated with the Soviet-supported World
Federation of Trade Unions (WFTU) and the Centre of Indian
Trade Unions, associated with the Communist Party of India
(Marxist), attends WFTU meetings as an observer. In recent
years Indian unions have complained several times to the
International Labor Organization's (ILO) Committee on Freedom
of Association, charging violations of ILO conventions and
recommendations. Such complaints are usually presented by the
Marxist unions. The Government has cooperated in the
Committee's investigations.

c. Freedom of Religion

India is a secular state in which all religious groups have
the full right to worship freely. Government policy normally
does not favor any one religious group, but communal tensions
based on religious differences continue to be a social problem
and pose challenges to the overall secular posture of the
Indian polity.

There is no bar to proselytizing by Indian Christians, but the
Government appears to be limiting the number of foreign
missionaries. During 1986 some foreign missionaries engaged
in social work among disadvantaged communities were expelled
on the orders of state governments. Indian religious
organizations may maintain communication with coreligionists
abroad. Financial contributions from abroad are subject to
scrutiny and licensing by the Ministry of Home Affairs. In a
case that attracted national attention and produced political
controversy, the Supreme Court ruled that two students of the
Jehovah's Witness faith could not be expelled from school for
refusing to sing the Indian national anthem.

1152

INDIA

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Indian citizens enjoy full freedom of movement within the
country, except in certain sensitive border areas for which
special permits are required. Foreign travel and emigration
are without political restrictions. Millions of people of
Indian origin now live abroad.

To enter India, a visa is required of almost every person who
is not an Indian citizen. Foreigners must obtain special
permission to visit the Punjab and are prohibited from
visiting sensitive border areas. Foreign journalists
accredited to India may travel to Punjab without prior
permission.

India has admitted millions of refugees and displaced persons
since 1947 and accepted most for citizenship, integrating them
fully into Indian society. The most recent migrations have
been from Bangladesh into Assam and other northeastern states
and from Sri Lanka into Tamil Nadu. The Assam state
government has undertaken to identify foreigners who have
entered that state with a view towards repatriating them.
Tamils from Sri Lanka in Tamil Nadu are provided shelter and
subsistence by the Government.

In addition, several thousand Afghans have entered India since
the Soviet invasion in 1979. India does not recognize them as
refugees, but there has been no evidence of forcible
repatriation. Many have traveled onwards from India to third
countries .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Indian people clearly rule in India through a multilayered
but firmly democratic parliamentary system. The Constitution
provides for full adult universal suffrage. Elections are
held regularly at every level. A parliament can be constituted
for not more than 5 years.

On the advice of the Prime Minister, the President can declare
"President's Rule," i.e., a state of emergency, in the event
of war, external aggression, internal disruption, collapse of
the constitutional machinery in any state, or financial
breakdown of the central or any state government. President's
rule was established in the state of Jammu and Kashmir in
September 1986, following 6 months of Governor's Rule, but
state control was reinstituted in November.

Although the ruling Congress (I) Party holds a firm majority
of seats in Parliament and in 11 of India's 24 state
governments, it faces an articulate and active, if fragmented,
political opposition. Parties represent a broad range of the
political spectrum and a full mix of ethnic, linguistic, and
religious outlooks.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no reports of international investigations of human
rights problems in India during 1986. India is a member of
the U.N. Human Rights Commission. Independent Indian human

1153

INDIA

rights organizations include the People's Union for Civil
Liberties and the People's Union for Democratic Rights, which
send teams to study specific incidents involving alleged human
rights abuses. Some press reports claim that on occasion
representatives of human rights organizations are harassed by
state governments who regard their activities as politically
sensitive and thus "subversive."

Several women's groups monitor the status of women. During
1986 they continued their agitations against "dowry deaths,"
and participated in the political discussion regarding
legislation that reaffirmed the applicability of traditional
Muslim law to marriage and divorce within India's large Muslim
minority. The most active independent channels for addressing
human rights issues continue to be the Parliament and the very
active Indian press. Members of Parliament investigate
allegations of police brutality, exploitation of and violence
towards members of the lower castes and untouchables, tribal
policy, women's rights, and violations of Sikhs' human rights.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Indian law guarantees women equal rights and legal protection.
Nonetheless, there has been a decline in the ratio of women to
men in the population. Female infant mortality is higher and
women die earlier than men. These factors relate to the
higher economic and social value placed upon males and the
relative neglect given women's nutritional and health needs.

In recent years, attention has been focused on the practice of
"dowry deaths," i.e., deaths under suspicious circumstances of
women unable to provide the additional dowry sometimes
demanded by the husband's family after marriage. Increasing
attention to this phenomenon has encouraged police to
investigate these cases as murders rather than accidents.

There are no legal barriers to female candidates for public
office, although their numbers have remained small since
independence. The late prime minister, Indira Gandhi, was a
woman, and there are moderate numbers of women in both houses
of Parliament.

Government programs designed to improve the lot of the
so-called "scheduled castes," which make up 15 percent of the
population, have met only partial success. In some cases,
upper-caste communities have mobilized against the upward
mobility of the disadvantaged, with violence sometimes
resulting. Political controversy surrounds the definition of
those castes, tribes, and classes which should be granted
preference in education, employment, and housing. This
violence and controversy relates in part to perceived threats
to the economic position of the higher-caste groups. In
recent years, the central Government has increasingly
attempted to strengthen the legal protection accorded to the
underprivileged and often victimized groups. In several
states, the system of reservations for disadvantaged castes is
manipulated for political gain by party and community leaders.

Minority religious groups continue to claim to be victims of
discrimination. Sikhs traditionally have been fully integrated
into Indian society and have been notably successful in
agriculture and the professions, particularly the armed
services. Terrorist violence, however, has increased tensions

1154

INDIA

and distrust between Hindu and Sikh communities, leading to
spontaneous outbreaks that have resulted in damage to
property, injuries and deaths. The police forces have had
difficulty containing some outbreaks but there is no evidence
to support the charge of government involvement in this
violence. The activities of Sikh militants in Punjab and
elsewhere has led the Government to take measures to control
the terrorism and, although they are treated equally under the
law, Sikhs, particularly young males, continue to be subjected
to more rigorous security precautions than others in certain
circumstances (e.g. airport security).

Muslims accused the Government earlier this year of interfering
in Muslim personal law, which is protected by the Constitution.
After attempting to change the divorce laws governing Muslims
to conform to civil law, the Government withdrew its highly
controversial proposal and maintained the community's right to
follow Islamic tradition.

CONDITIONS OF LABOR

Although India is a leader in legislation protecting labor,
certain categories of labor abuse remain common. Bonded
labor, illegal since 1976, continues. Most commonly, bondage
arises from debt incurred at usurious rates and continued
through a lifetime of renewal of these debts. Bonded laborers
are most commonly employed in agriculture and construction.
Estimates of the number of bonded laborers range from 500,000
to 2,500,000. The Government encourages states to take
measures to detect, release, and rehabilitate bonded laborers
and offers financial support for state programs.

Forced labor has been defined by a Supreme Court decision as
labor for remuneration at less than the minimum wage. Under
this definition, forced labor is widespread throughout India,
especially in rural areas. Minimum wages, however, are
established by the states through wage advisory boards for
"nonmodern" sectors such as agriculture. Minimum wages thus
vary widely from state to state. Enforcement of even these
low rates is poor. In many more modern industries, wage rates
are set through collective bargaining of employers and trade
unions reflecting supply and demand.

Although illegal, child labor persists, a function of poverty
and the lack of compulsory education. According to a survey
of the Labor Department, 1 out of every 4 children between 5
and 15 is employed.

With the Factories Act of 1948, India established an 8-hour
workday, a 48-hour workweek, and minimum standards for
occupational safety and health. These standards are generally
enforced and accepted in the modern industrial sectors but are
less accepted in older, less cost-effective industries.
Standards are generally not observed in small industries,
largely because of the rapid growth in this sector and the
small number of inspectors.

1155

U.S.OV.ERSEAS -LOANS ANO GRANTS" OBLIGATIONS ANO LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: IHDIA

1984

1985

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

RcPA

'AY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

0 FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER t

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.)..
R PEACE

3TAL

H $-LOANS

FOR. CURR

TOTAL

.EC.DEV J WFP,

£F AGENCY

CON. ASSIST...

C£ CORPS.
COTICS...
ER

II.MIL. ASSIST.-TOTAL..,

LOANS

GRANTS ,

A. MAP GRANTS ,

B. CREDIT FINANCING...,
C.IIUL MIL.ED.TRNG. ..,
O.TRAN-EXCESS STOCK..,
E. OTHER GRANTS ,

III. TOTAL SCON. S MIL...

LOANS

GRANTS

213.3

190.9

93.5

61.5

59.3

48.0

151.8

131.6

45.5

37.5

38.6

93.5

61 .5

59.3

48.0

26.0

29.3

45.5

0.0

125.8

102.3

0.0

125.8

102.3

0.0

125.3

102.3

0.0

10.7

11.5

0.0

115.1

90.8

0.0

0.1

0.3

0.0

0.1

0.3

0.0

0.1

0.3

0.0

213.4

191.2

93.5

61.5

59.3

48.0

151.9

131.9

45.5

OTHER US LOANS. ...
EX-IM BANK LOANS.
ALL OTHER ,

0.0

0.0
0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

2739.4

2542.7

253-4.2

25839.7

IBRD

1721.4

1674.0

1743.2

10668.5

IFC

43.7

34.7

65.9

390.5

IDA

10D1.0

672.9

625.1

13953.5

103

0.0

A03

0.0

100.0

AFDB

0.0

, 0.0

0.0

UNDP

23.3

20.7

0.0

265.2

OTHcR-UN

0.0

140.4

0.0

462.0

ee:

0.0

1156

IRAN*

The human rights situation in Iran in 1986 was exacerbated
by the ongoing war with Iraq, a war which began in 1980 and
continues with little hope for an end in the near future. The
war has resulted in hundreds of thousands of casualties,
massive population displacement and refugee problems for the
Government, and billions of dollars of loss due to missile and
bombing attacks. Costly in human and economic terms to both
sides, the Iranian refusal to negotiate a settlement with the
present Iraqi regime has caused a prolongation of hostilities
which are severely disruptive and affect every facet of
civilian life. Insurgency in the ethnic Kurdish area of Iran
and urban terrorism by groups opposed to the Khomeini regime
also cause civilian casualties and property damage. Seemingly
random bomb attacks, often perpetrated by these groups in
strictly civilian and public places, only add to the violence
and suffering caused by the war.

Iran is officially an Islamic Republic under the leadership of
Ayatollah Ruhollah Musavi Khomeini. Its formal system, based
on the Constitution approved in 1980 by popular referendum,
follows a parliamentary pattern with a legislature, the
Majles, and a president elected from among multiple candidates
by universal suffrage. However, only candidates meeting
highly restrictive religious and political criteria are
permitted to contest elections, and the choice offered to
voters is limited. The regime's hold on power is reinforced
through arrests, executions, and other forms of intimidation.

The regime is dominated by a political elite composed of Shi ' a
Muslim clerics who support Khomeini and of laymen aligned with
these clerics. The regime, however, is not monolithic, and
there are major differences on theology and on economic issues
such as private property ownership, government versus private
control of foreign trade, industrial policy, and strategy for
the war with Iraq.

Eight years after the 1979 ouster of the Shah and the advent
of the Islamic Revolution, the Iranian regime still considers
itself revolutionary but must grapple with the need to revive
the economy and operate political and social institutions,
both new and old, in a productive manner. Iran is an oil-rich
developing country. The disruptions of the revolutionary
period and the war have caused serious economic deterioration.
Inflation and unemployment are high, and corruption and black
market activities flourish.

Although the trend is toward greater adherence to
constitutional guarantees of human rights, particularly since
December 1982, Iran's human rights record in 1986 continued to
show serious abuses.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Reliable statistics were not available on the number of people
killed for political or religious reasons in 1986. Due to the

* Because of the absence of a United States Mission in Iran,
this report draws heavily on unofficial sources.

1157

lack of procedural safeguards for defendants tried in
revolutionary courts, which handle virtually all political
cases, most of the executions ordered each year by such courts
amount to summary executions. It is also difficult to
separate cases of executions for participation in violent
activities or narcotics trafficking from executions based
purely on the defendants' beliefs, statements, and
associations, given the regime's practice of cloaking the
latter category with trumped-up charges from the former.

In its 1986 Report, Amnesty International expressed concern
about the continuing large-scale executions of prisoners in
Iran for both political and nonpolitical offenses and said it
had learned of 470 executions in ""985. Noting that executions
on political grounds were rarely made public in Iran, Amnesty
International expressed its belief that the actual number of
executions was considerably higher than the 470 of which it
was informed.

Political killings have also been perpetrated by opposition
groups, including the Mojahedin-e-Khalq, which appears to be
the most active antiregime organization in Iran.

b. Disappearance

No information is available on the number of disappearances
in 1986.

Disappearances are seldom permanent in Iran. People are
arbitrarily arrested or carried off, held without charge, and
some are summarily executed; the society, however, is not
tightly controlled, so a persistent relative can usually
determine who was responsible for the arrest and locate the
detainee.

There are, however, some cases of long-term disappearance.
One report obtained by Amnesty International stated that
sometimes opposition members are listed as "killed while
resisting arrest," when in fact they are still alive and in
jail. Most such arrests are believed to be the work of the
Revolutionary Guard and to be sanctioned by the regime.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Stories of torture in Iran's prisons are rampant and cover a
wide range of inhuman practices, particularly in Tehran's Evin
Prison, Iran's largest and most notorious. Mock executions
reportedly have been a favorite method of torture there, along
with blindfolding and solitary confinement. Beatings of all
kinds appear to be common. Allegedly, prisoners are beaten on
the soles of their feet until they can no longer walk; others
have had damaged kidneys as a result of being kicked and
beaten.

This torture apparently occurs in government prisons or in
government houses in which prisoners of special interest are
held for questioning. Presumably it takes place with the
sanction of top officials. Many of these reports come from
individuals who themselves were in the prisons and who, in
some cases, experienced the torture.

The regime continues to revise Iran's civil code to conform
more closely with its interpretation of Islamic law. In 1985
the Government announced the development and inauguration of a

1158

IRAN

new machine for surgical amputation of the hands of convicted
thieves. As interpreted in Iran, this punishment consists of
amputation of the four fingers of the right hand. There were
subsequent announcements of the occasional use of this
device. Death by stoning reportedly has been reinstituted as
a punishment for certain crimes against morality. There are
many reports of floggings, both as a means of torture and as a
formal punishment for sexual offenses.

In its report, "Torture in the Eighties," Amnesty International
expressed concern that torture has become a routine practice
in at least some Iranian prisons and noted in particular two
kinds of ill-treatment of prisoners: the officially
sanctioned punishment of prisoners by whipping, and the
torture of prisoners held in incommunicado detention during
interrogation to extract confessions.

Iran holds an estimated 45,000 to 60,000 Iraqi prisoners of
war (POW's). Former prisoners have reported that Iran
regularly subjects POW's to whippings, random executions, and
psychological torture.

d. Arbitrary Arrest, Detention, or Exile

Although arrests for expression of views critical of or
different from those of the Government have decreased during
the past several years, opposition to the regime itself or to
an Islamic form of government still remains grounds for
arbitrary detention. If there is a formal accusation, the
charge is usually subversion, antiregime activities, or
treason. There is also evidence that some persons are
arrested on trumped-up criminal charges (for example, on drug
charges) when their actual "offenses" are political; the lack
of fair trials and other procedural safeguards encourage such
a practice.

Political arrests are made by members of the Revolutionary
Guard or, less commonly, by members of komitehs, local
neighborhood groups which have assumed a quasi-official role.
There normally are no warrants for political arrests. No
judicial determination of the legality of detention exists in
Iranian law. Suspects are held for questioning at local
Revolutionary Guard offices or in jails. In some cases a
mullah (a religious official) is involved, in others
unidentified questioners, sometimes including torturers. It
is unclear whether this questioning constitutes a trial by a
revolutionary court or whether it is part of the investigation
process. Sometimes defendants are released after several
hours or days, but the process may be repeated two or three
times before the authorities decide the detainee is innocent
or that he is guilty and should be jailed.

A number of foreigners (including two Americans) were arrested
in Iran during 1986, one for allegedly spying. (At least one
other American has been imprisoned in Iran since 1984). These
foreigners sometimes appear to become pawns in power struggles
between various leaders and factions, with release dependent
on how long it takes for their usefulness in this regard to be
exhausted. The Iranians do not regularly grant consular
access to these persons, nor do they notify the embassies
involved that their nationals have been detained.

Information as to whether forced labor is used in Iran is
unavailable .

1159

IRAN

e. Denial of Fair Public Trial

Most of those arrested have a trial of some sort, but although
so-called trials of major opposition figures have sometimes
been telecast, no trial by a revolutionary court can be called
fair or public. If the trial is given publicity, it is
generally because the prisoner has already been forced to
confess to crimes.

Restraints on arbitrary actions of the revolutionary courts
were reportedly severely weakened in 1985 by a decision to
limit the review authority of the Supreme Court. Formerly,
all cases decided by the revolutionary courts were subject to
review by the Supreme Court, permitting improper decisions to
be overturned, but under the new decision the Supreme Court
can only examine those cases which are recommended for review
by the Supreme Judicial Council, which consists of the Chief
Justice, the Prosecutor General, and three mullahs. The
judicial system is further weakened by the fact that
revolutionary courts can consider cases formally under the
jurisdiction of the civil and criminal courts. Assignment of
cases to regular rather than revolutionary courts is haphazard
and apparently occurs mainly when arrests are made by regular
police. Revolutionary courts can also overturn the decisions
of civilian courts.

For common criminal offenses, many elements of the
prerevolutionary judicial system survive, and the accused
often have the right to a public trial with benefit of lawyers
of their own choosing, assuming they can afford the fee. Even
this judiciary is not fully independent, however. Many of the
former judges were retired after the revolution, and new
judges selected. One criterion for new judges is grounding in
Islamic law, and political acceptability is a requirement for
any government position. Favorable verdicts reportedly can
often be "purchased" from the judges serving on civil and
criminal courts and, to a lesser degree, from judges of
revolutionary courts.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government is attempting to remake Iranian society
according to Khomeini's interpretation of Shi 'a Islam. It
rejects the Western distinction between a public sphere which
the Government may control and a sphere of private life
(religion, culture, thought, and private behavior) which the
State may not properly control. The regime defines itself as
Islamic and attempts to enforce a way of life asserted to be
Islamic .

Since Khomeini's eight-point decree of December 1982, Iranians
have enjoyed greater freedom in their private life. One of
the eight points provided that no one had the right to enter
private homes without a warrant. An exception was made for
suspected hideouts of opposition groups. The decree did say
that if Revolutionary Guards entered a home believing it to be
an opposition hideout and found they had made a mistake, they
were to depart, even if they had found evidence of un-Islamic
activities, such as the presence of alcoholic beverages. The
decree also stated that mail should not be opened nor
telephones tapped unless there was good reason to suspect
antiregime activities. Homes are still entered, mail is still
opened, and phones are still tapped, but much less so than
previously. Moreover, Iranians now have a decree by Khomeini

1160

IRAN

on which to base complaints. A Headquarters for the
Enforcement of the Imam's Decree was set up, as were a number
of provincial and local offices. These offices, which may
still be in operation, are said to have received thousands of
complaints about violations of rights of privacy.

Special Revolutionary Guard units check on social activities.
Women whose clothing does not completely cover the hair and
all of the body except hands and face, or who wear makeup, are
subject to arrest. If they are, in the words of the
Prosecutor General, "reformable, " they may be lectured and
released. If considered defiant, they may go to jail.

The schools are reportedly used by the regime to assure that
students' families behave in an "acceptable. Islamic manner."
Children are asked about the habits of their parents, and
un-Islamic behavior is reported to Revolutionary Guard units.

Neighborhood komitehs, which originally acted as "block
wardens," monitoring the activities of residents, seem to be
less active now. There have been efforts to disband them and
many may have, in fact, disappeared.

Section 1' Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution states that "publications and the press may
express ideas freely, except when they are contrary to Islamic
principles, or are detrimental to public rights." In
practice, most publications are controlled by the Government
or by the Islamic Republican Party, and the remaining
independent publishers run the risk not only of press
shutdowns and confiscation of publications and equipment but
of arrest and summary punishment if they are overly critical
of the regime. Examples of such punishments were sufficiently
numerous in past years to retain a chilling effect. All books
are required to be subm.itted to the Ministry of Islamic
Guidance for censorship before they can be published.
Publishers, authors, and printers also engage in substantial
"self-censorship" before submitting books to the Ministry in
an effort to avoid the substantial penalties, including
economic losses, incurred when books are rejected.

While there are competing newspapers in Iran, and officials
and policies of the Government are often subjected to public
criticism, newspapers are forbidden to criticize Khomeini and
the concept of the Islamic republic, or support the right of
self-determination for any ethnic groups in Iran.
Nevertheless, some independent publishers out of favor with
the regime continue to survive, and some books and pamphlets
critical of the regime are published without reprisal.
Foreign books, newspapers, and magazines may be imported only
after official review.

All broadcasting facilities are government owned.

Academic freedom has increased in the last several years.
Universities operate under looser constraints than in the
past, but the regime remains committed to the elimination of
all un-Islamic influences. As part of the admissions process,
all Muslim students must pass examinations that demonstrate
knowledge of the Koran and Islamic precepts. All textbooks
are reviewed to determine their acceptability.

1161

IRAN

b. Freedom of Peaceful Assembly and Association

Although the Constitution permits unarmed assemblies and
marches "provided they do not violate the principles of
Islam," the only ones permitted in practice are those
sponsored by the Government, such as Friday prayers and
sermons and parades on official occasions. As in the past,
there were numerous demonstrations of public protest in 1986,
but these were forcibly dispersed. The Constitution permits
political parties, groups, professional associations, and both
Islamic and minority religious associations, but most
independent organizations have either been banned, co-opted by
the Government, or are moribund. Restrictions on freedom of
speech and assembly discouraged the participation in the 1984
parliamentary elections of any party other than the
semiofficial Islamic Republican Party (IRP).

There were until recently no legal labor unions, although some
unauthorized unions had been organized and were active.
However, a new national labor union, the Islamic Union, was
reportedly created in late 1985 under a law enacted by the
Majles. All economic concerns with a minimum of 50 employees
are permitted to have a branch of the new union, whose goal is
said to be to protect workers' interests and further their
professional development. Nominally independent, it
reportedly is controlled by the Labor Ministry.

It is also believed that there are officially sanctioned
"Islamic workers councils" in some factories. These, however,
are more instruments of government control than bodies that
represent workers' interests, although they have frequently
been able to block layoffs or firings of workers.

c. Freedom of Religion

Iran terms itelf an Islamic republic, and religion is closely
intertwined with government. Grand Ayatollah Khomeini is
recognized as the supreme leader, and this position is viewed
as having something akin to divine sanction. The President
and many other top officials are mullahs, as are the Speaker
of the Majles and nearly half the Majles deputies.

Approximately 90 percent of Iranians are Shi ' a Muslims. Aside
from slightly over 1 percent who are non-Muslims (Baha'is,
Christians, Zoroastr ians , and Jews), the rest are Sunni
Muslims. The Sunnis are mostly Kurds, Arabs, Turkomans,
Baluch, and other ethnic minorities. Their political
influence is very limited. The Constitution declares that
"the official religion of Iran is Islam and the sect followed
is Ja'fari Shi 'ism," but it also states that "other Islamic
denominations shall enjoy complete respect." Although Sunnis
have encountered religious discrimination on the local level,
the regime has made efforts to reduce Shi ' a-Sunni antagonism.

Tests of Islamic knowledge and orthodoxy, required in the
early postrevolutionary years for public or semipublic
employment, have been dropped in recent years on the grounds
that they conflict with the constitutional provision that "the
interrogation of people regarding their beliefs is forbidden."
This provision is ignored, however, in the treatment of
members of the Baha ' i faith.

The Baha'i religion is considered heretical in Iran, and since
the Revolution the Baha'is, Iran's largest non-Muslim minority
(300,000-350,000 members), have suffered severe persecution.

1162

IRAN

mainly government -directed and aimed at the religious
leadership. In August 1983, the Prosecutor General issued an
order that effectively bans all Baha ' i religious activity and
provides the legal foundation on which virtually all members
of the faith can be charged with crimes. Baha'i property has
been confiscated, shrines demolished, businesses disbanded or
confiscated, and known Baha' is denied public-sector employment
and social services. Baha'i marriages are not recognized.
Participation by Baha' is in social welfare organizations is
forbidden, their businesses are outlawed, and teaching of the
faith is not permitted. Although the Baha'i national leaders
dissolved the community's organizations in obedience to the
Prosecutor General's edict, they were subsequently arrested,
and at least some were executed.

Many ordinary Baha 'is have also been arrested. Charges are
vague: "crimes against God," "corruption on earth," "warring
against God," and "Zionism" are among the most frequent. The
real reason for the arrests seems to be practice of Baha' ism.
As of October 1986, 750-800 Baha' is were in jail.
Approximately 200 have been executed or have died following
torture since the beginning of the revolutionary period; at
least 3 Baha 'is were executed during 1986.

The small Christian, Jewish, and Zoroastrian (the pre-Islamic
religion of Iran) populations are concentrated mainly in urban
areas. Their religions are recognized by the Constitution,
and they elect representatives to seats reserved for them in
the Majles. They are permitted to practice their religions,
to instruct their children, and, although with a great deal of
disruptive interference, to maintain schools. There continue
to be reports of officially sanctioned discrimination against
these minorities, particularly in the areas of employment and
public accommodations, and of severe discrimination by the
Government against Muslims who have converted to
Christianity. Jews are subject to travel restrictions which
are not applied to members of other recognized religious
groups .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Iranians may travel to any part of Iran, except for the war
zone on the border with Iraq and, in times of heavy fighting,
some Kurdish areas. Such limitations as exist are for
purposes of military security. Persons may also change their
place of residence without obtaining permission.

Travel outside Iran is considerably easier than before the
spring of 1983. Khomeini's decree of December 1982 included
the right to travel abroad. Prior to that time passports and
exit visas had been difficult to obtain. Males of draft age
are not issued exit visas except for approved courses of
study, and Iranians who are politically suspect, such as some
retired military officers and high level public officials
under the former regime, may not be able to leave. Persons
who have not repaid loans obtained from development banks
under the old regime are also denied exit visas. Reportedly
some Iranians, particularly those with skills in short supply
and who were educated at government expense, are required to
post bonds to obtain exit visas. Jewish Iranians are
permitted to obtain passports and to travel, but they are
normally denied the multiple-exit visas given to most Iranians
and must make a fresh application (with a fresh fee) for each
planned trip. Permission is not normally granted for all

1163

IRAN

members of a Jewish family to travel outside Iran at the same
time.

With the exception of some with close ties to the former
regime, Iranians are generally able to return after long
periods abroad without reprisal. Not all citizens who leave,
however, are guaranteed the right to return. Iranians
suspected of close association with the old regime have
encountered problems obtaining new passports, and there are
unconfirmed reports of arrests on their return. However,
numerous other immediate relatives of persons wanted by the
regime seem able to live in Iran, travel outside, and return
without undue difficulty, and in recent years many who fled at
the time of the revolution have returned and have sought,
through the Iranian judicial system, the return of their
properties .

Iranian passports have always been stamped "not valid for
emigration," but the Government does not make a clear
distinction between legal residence in another country and
emigration. According to the regulations, Iranians with a
legal residence outside Iran may be issued passports and
advance exit visas by the Iranian embassy, consulate, or
interests section in their country of residence. Iranians who
have acquired U.S. citizenship are considered Iranian (in
effect dual nationals) unless they have formally renounced
their Iranian citizenship in accordance with Iranian law.
Dual nationals have complained that the Iranian Interests
Section in Washington will neither give them visas in their
U.S. passports nor issue them Iranian passports and exit visas
on the grounds that their residence in the U.S. is not legal
because, according to Iranian law, they emigrated illegally.
Although such services may be denied, there are no known
instances of the denial of Iranian citizenship to Iranians who
left Iran, or to those who have remained there.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Iran is ruled by a group of religious leaders and their lay
associates who share belief in Ayatollah Khomeini as the
supreme leader of the revolution and in the legitimacy and
desirability of a theocratic stare based on his interpretation
of Shi ' a Islam. Of Iran's political parties, only the Islamic
Republican Party is represented in the Government, and most
high-level government officials belong to it. Roughly half
the winning candidates in the 1984 Majles elections were
members; the remainder were elected as independents.

Beginning a year after the Shah's departure, the revolutionary
regime has held elections at fairly regular intervals for
president, Majles deputies, members of the Council of Experts
(responsible for choosing Khomeini's successor), and members
of local government councils. All elections have been hard
fought, generally with several candidates for every position.
All candidates must be approved by the Council of Guardians,
however, and only those meeting the Council's vaguely
described political and religious criteria may run. In
practice, only supporters of the theocratic state are
accepted. There has, however, been considerable diversity of
opinion among candidates on economic and social qxiestions.

A presidential election was held in 1985, but the Council of
Guardians denied certification as candidates to 51 of 54
applicants. Only the incumbent President, Hojjatollah Ali

1164

IRAN

Khamenei (Secretary General of the IRP) , and two fellow
members of the IRP were permitted to run. The President was
reelected with a reported 87 percent majority; his majority
and voter participation were lower than in the 1981 election.

The independence of the Majles is enshrined in the
Constitution and exists to a large degree in practice. While
Majles deputies are typically allied with various powerful
political and religious officials, they may speak and vote
independently and may shift from one faction to another. The
Majles holds genuine debates, normally broadcast live on
radio, on a wide variety of issues but not, however, including
central issues such as the war or the fundamental character of
the Islamic Republic. In some cases, laws proposed by the
Government have been voted down.

The Constitution provides for a Council of Guardians composed
of 12 members, 6 clerics unilaterally appointed by Khomeini,
and 6 lay members well-grounded in Islamic law who are
nominated by the head of the Judicial Council subject to the
Majles' approval. The Council of Guardians must certify all
bills passed by the Majles as being in accordance with Islamic
law and the Constitution. If bills fail to be certified, they
are sent back to the Majles for revision. They cannot become
law until passed by the Majles and certified by the Council.
The Council has rejected various important bills and portions
of bills passed by the Majles, including legislation on land
reform, foreign trade, private enterprise, the press code, and
reform of the civil code.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is disdainful of foreign human rights groups,
government-sponsored or independent, and regards them as a
Western means of interfering in the country's internal
affairs. Aside from permitting the International Committee of
the Red Cross (ICRC) to assist in several small-scale POW
exchanges between Iran and Iraq over the past few years, Iran
has allowed no visits by any humanitarian groups since January
1985, when a U.N. -appointed team visited POW camps. Since
1984, the Government has refused to allow a U.N. Human Rights
Commission special rapporteur to enter Iran to prepare his
reports. There are no internal human rights groups.

The ICRC has had access to some POW's, but not to all those
believed held in Iran. The U.N. Secretary General has
criticized conditions in prison camps in both Iran and Iraq.
In October 1986, a Government spokesman announced that the
ICRC would be permitted to visit POW camps, and the first
visit took place in early December.

Iran was the subject of a critical paragraph in the 1985
report of the International Labor Organization's Committee on
the Application of Conventions and Recommendations. Focusing
on the treatment of Baha'is and others, the committee
expressed concern over Iran's continued failure to comply with
the Convention on Discrimination in Occupation and called upon
the Government to ensure a policy consistent with the
convention.

Amnesty International has written to Iranian officials,
including Khomeini, protesting violations of human rights in
Iran, but has received no reply.

1165

IRAN

In August 1986, diplomats representing the 12 member states of
the European Community made a demarche to the Government
expressing their concern at reports of violations of Bahai ' s
human rights. The regime denied the charges.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Always the object of discriminatory practices in Iran's
conservative society, women have faced even more
discrimination since the Revolution. Ultraconservative dress,
entirely hiding the hair and all of the body except the face
and hands, is now an absolute requirement for all women,
regardless of their religion, national origin, citizenship, or
diplomatic status. Women are harassed, detained, or
physically attacked if they appear in public in clothing which
official or self-appointed guardians of public morality deem
insufficiently modest. Employment opportunities for women are
more restricted than was the case under the Shah. Women are
legally barred from being judges. Although there are cultural
barriers making employment in professional level positions
difficult to obtain, women do work as lawyers, physicians, and
statisticians, and in other professions in both the public and
private sectors. Two women serve as deputies in the Majles.

The Family Protection Act, passed under the Shah, was revoked
by the Islamic Government and replaced by a civil code
reflecting Islamic law. A bill passed in mid-1983 did,
however, give women the right to divorce their husbands, and
regulations announced in 1984 substantially broadened, to 12,
the number of grounds for which a woman may seek divorce. A
husband may still obtain a divorce without having to state a
reason or go to court. The new marriage regulations provide
for improved financial settlements for wives whose husbands
divorce them.

As noted in Section 2.c., the Christian, Jewish, Zoroastrian,
and Baha ' i minorities reportedly suffer officially sanctioned
discrimination in a number of areas, particularly with respect
to employment and public accommodations. Muslims who have
converted to Christianity are similarly discriminated against.

CONDITIONS OF LABOR

Iranian labor law, which exempts agriculture, domestic
service, family businesses, and, to some extent, other small
businesses, forbids employment of minors under 12 years of age
and places special restrictions on the employment of minors
under 18 and of women. Under the law, women and minors may
not be used for hard labor or, in general, for night work.
The labor law also establishes a 6-day work week of 48 hours
maximum (except for overtime at premium rates), with 1 day of
rest (normally Friday), as well as at least 12 days per year
of leave with pay and a number of paid public holidays. There
are also legal provisions with respect to minimum wages and
health and safety in workplaces. Given the large sectors of
the economy exempted from the labor law, the State's still
unresolved administrative disorganization resulting from the
revolution, the effects of the war with Iraq, and the general
lack of labor unions which are both legal and effective, it is
unclear to what extent the provisions of Iran's labor law
actually affect most of the labor force. Despite the war,
unemployment remains high, probably in the 30 percent range.

Information on collective bargaining in Iran is not available.

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Iraq is governed by the Arab Ba'ath Socialist Party (ABSP) of
Iraq through a Revolutionary Command Council (RCC) which has
both executive and legislative authority under the provisional
Constitution of 1968. Saddam Hussein holds decisive power as
President of the Republic, Chairman of the Council, and
Secretary General of the Regional Command of the ABSP.

Iraq contains many disparate groups, most notably Shi ' a and
Sunni Arab Muslims, Kurds, Turcomans, and various Christian
sects, predominantly Assyrians and Chaldeans.

In 1986 the war with Iran continued into its seventh year.
Iran continues to reject Iraqi and international calls for a
cease-fire. Tight domestic controls imposed by the Iraqi
regime in the name of national security remain in effect,
including a decree which prescribes the death penalty for
anyone who damages the country's military, political, or
economic position. Wartime travel restrictions, which prevent
most Iraqis from departing the country, also remain in force.
Iranian prisoners of war (POWs) in Iraq are estimated at
approximately 12,000. Most are believed to be registered with
the International Committee of the Red Cross (ICRC), which
visits the camps.

The Government exerts a high level of control over the economy,
which is dominated by the petroleum sector. The State owns all
major industries, including petroleum and banking. However,
the small private sector is important in some industries. The
regime has been expanding the role of the private sector in
the last few years, particularly in agriculture.

The Ba'ath Party's ideological commitment to increased social,
labor, and educational opportunities for women and to the
protection of religious minorities continues to be translated
into practical action. Iraq has continued to state its
opposition to terrorism and has said that its support for the
Palestinian cause does not signify that it condones terrorism.

Political and individual rights are sharply limited in Iraq.
The news media are subject to censorship. Antiregime activity
is dealt with harshly, often by extralegal means employed by a
large and feared internal security police force and the
intelligence services.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Execution has been an established method for dealing with
perceived political and military opponents of the Government,
particularly members of the outlawed Da'wa Party
(fundamentalist Shi ' a Muslim) and the Communist Party. In
April 1986 Iraq confirmed to Amnesty International the
execution of three persons: one, 17 years old, was a member
of the Kurdistan Democratic Party, and the other two were
members of the Kurdistan Socialist Party-Iraq. They were
charged with committing acts of sabotage. There are confirmed
reports of the execution without trial of three members of the
Iraqi Assyrian community for nationalist political activity.
Members of the political elite have also been executed as a
result of factional conflict, although no such executions are

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known to have occurred since 1982.

In October 1986 the Iraqi Government announced that a high-
ranking official in the Oil Ministry and six other people had
been executed for corruption.

In 1985 and 1986, the military conducted aerial attacks on
Kurdish villages suspected of supporting Iranian military
incursions into Iraq or harboring ant i government guerrillas,
resulting in unknown numbers of casualties. From time to time
there have been reports of executions of military deserters.

In the wake of Iran's February 1986 offensive around Faw, Iran
renewed charges that Iraq used chemical weapons, allegations
denied by Iraq. The State Department has repeatedly condemned
Iraq's use of chemical weapons. Iraq is a party to the 1925
Geneva Protocol banning use, but not production, of lethal and
incapacitating chemical weapons. There are indications that
Iraq continues to stockpile lethal agents.

Iraq withdrew its support in 1983 from the Black June
Organization led by Sabri Al-Banna, or "Abu Nidal . " Iraq
officially forswears terrorism, and the Iraqis themselves in
recent years have been the victims of several terrorist acts
supported by Syria and Iran.

b. Disappearance

Iraqi emigrants have reported that some suspects, particularly
those detained by the security police for subversion, disappear
following detention. It is difficult in such cases to
ascertain whether the suspect was executed or died while
incarcerated. In March 1986, Amnesty International published
the names of 85 people who disappeared and are reported to
have been executed between January 1985 and February 1986.

Ant i government Kurds in Northern Iraq occasionally kidnap
foreign workers and businessmen. Ransom demands have included
demands for money, a halt to Western economic cooperation with
Iraq, and support for the release of prisoners in Iraq.
Victims generally have been released following negotiations
involving overseas Kurdish representatives, the victims'
employers, and Iraqi security organizations.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution prohibits torture and prescribes stiff
punishment for it, and the Government rejects charges that it
practices torture. Nevertheless, reliable reports make clear
that both physical and psychological torture are used by the
authorities, especially the security police. Given the rigid
chain of command within the Government and security services,
it is unlikely that torture could be practiced without the
authorization of senior officials.

According to former prisoners, persons detained by the security
police for political or security-related matters are frequently
tortured and mistreated. Treatment is reported to be worst
immediately following arrest and during the period of
interrogation and investigation, which can last for months.
Torture and brutal treatment are not limited to political
cases. Security-related offenses include such routine
criminal matters as currency violations.

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The security forces' methods of torture, often to extract
confessions or information about the suspect and his
colleagues, reportedly include beatings with fists and rubber
truncheons, electrical shocks to the genitals and other parts
of the body, and the extraction of fingernails and toenails.
There were reports in March 1986 of ethnic-Assyrian Iraqi
soldiers being tortured and executed for desertion.

d. Arbitrary Arrest, Detention, or Exile

The Constitution and legal code guarantee the rights of
citizens and place checks on police powers in such areas as
arrest, detention, imprisonment, and search. These guarantees
are generally respected in criminal cases but have little
weight in political or national security cases. Security
police not only make arbitrary arrests but also secretly
detain suspects, whose fate sometimes has become known only
after execution. Charges have included espionage, treason,
and conspiracy against Iraq or the party and revolution, often
in collaboration with unnamed foreign foes.

In the past, Iraq expelled large numbers of Iranians and
Iraqis of supposed Iranian descent. These deportations have
ceased; however, those remaining often live under the fear of
deportation or incarceration.

Iranian military deserters and civilians who fled to Iraq
during the war have been detained and sometimes mistreated.
Most of these people reportedly came to Iraq, after long and
hazardous journeys through Kurdistan, in response to Iraqi
propaganda promising good treatment and easy access to third
countries. In response to the decrease in such Iraqi
propaganda, the numbers of new arrivals at refugee camps have
lessened. There have been frequent allegations that some have
been shot or beaten with rubber hoses and metal cables. Some
Iranian refugees reportedly have been coerced to collaborate
with Iraqi propaganda despite the danger to family members in
Iran. When, after many months, these emigres are designated
"political refugees," their treatment improves and outside
organizations gain access to them.

In recent years Amnesty International has reported the
imprisonment or detention of large numbers of Kurds. Many
have been removed to resettlement camps. Further, Amnesty
International alleged in March 1986 that Iraqi authorities
arrested approximately 300 children in the Kurdish town of
Sulaimaniya in late 1985 in retaliation for their parents'
antigovernment activities or to force their cooperation with
the central authorities.

The Da'wa Party, a violent dissident Shi ' ite Group, is still
proscribed, and its members are subject to incarceration and
execution, as are members of other parties believed to be
cooperating with Iran.

There is no indication that Iraq uses forced labor. Apart
from the expulsion of thousands of residents of Iranian
descent in 1980 and earlier, exile is not resorted to as a
means of punishment.

e. Denial of Fair Public Trial

Trials in civil, criminal, and religious courts are open.
Defendants are entitled to counsel. A lawyer is provided if a

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defendant cannot afford one. Charges and evidence are
available for review. Appellate courts hear cases not under
the jurisdiction of the revolutionary courts. The
revolutionary courts, which usually hold closed trials, deal
with espionage, treason, smuggling, and drug trafficking. The
right of defense in such courts reportedly is severely
restricted.

The "special courts" constituted by the Revolutionary Command
Council for specific incidents, such as the reported conspiracy
against the regime in 1979, are also closed. These special
tribunals are apparently exempt from constitutional safeguards
of defendants' rights. The right of defense is proscribea;
defendants are held incommunicado, and confessions extracted
by torture are used against defendants. Appeals can be taken
only to the Chairman of the Revolutionary Command Council.
However, the availability of this appeal may be questioned,
since there are reports that executions take place shortly
after trial.

Political dissidence in Iraq is taken by the authorities to
encompass a wide range of activities and, in an environment
where no public acknowledgement is made of arrest or
imprisonment, it is extremely difficult to gauge the number of
political prisoners. Amnesty International received reports
of "several hundred people" being detained for political
reasons in 1984 and has continued to receive such reports
through 1986.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution provides protections for the inviolability of
the home, and strong cultural values reinforce these
protections. Police must obtain a search warrant before
entering the home of a criminal suspect. Warrants are not
required for the arrest of security suspects. Although most
arrests occur outside the home, there have been reports of
forced entry and arrest by the security police, particularly
of suspected members of the outlawed Da'wa Party.

In late 1985, Iraqi government forces reportedly conducted
large-scale searches of homes in at least one city in a
predominantly Kurdish area and detained a number of people.

There is no legal protection against the monitoring of
telephones, which many Iraqis believe to be a common
practice. Likewise, all mail is believed subject to review by
censors. Government security services and the Ba ' ath Party
are generally assumed to maintain pervasive networks of
informers .

Membership in the ruling Ba ' ath Party is viewed as a key to
advancement inside and outside the Government. Although the
Ba ' ath is an elitist party, recruitment can be aggressive.
Some emigrants have claimed that they joined the party to
avoid beatings or harassment or to enhance career prospects.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government views political dissent as a security threat.

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and controls exercise of the freedoms of speech, press, and
assembly. The Constitution prohibits "any act aimed at
undermining the national unity of the people, provoking
racial, sectarian, and regional bigotry, or violating gains
and achievements of the country." Nonetheless, the use of
minority languages is unrestricted. Kurdish, an official
language, is used in schools and media in Kurdish areas.

The Government owns and operates the press, radio, and
television. The media do not criticize the Government and
news reporting is strongly biased. Opposition viewpoints are
not heard. Few foreign periodicals reach Iraq, and Western
newspapers are not sold. Foreign visitors' newspapers,
magazines, and cassettes can be confiscated at the airport.
To control the dissemination of political leaflets,
typewriters and photocopying machines must be registered.

b. Freedom of Peaceful Assembly and Association

Public meetings are organized only under the auspices of the
Government or Ba'ath Party. Association for nonreligious
purposes and demonstrations without government approval have
met severe repression. Professional organizations are subject
to control by the Ba'ath Party Central Vocational Bureau.

Union workers do not represent a significant part of the total
work force, which is comprised mostly of agricultural workers,
shopkeepers, and government employees. Industrial workers,
the most unionized, are only a small portion of the work force.
Workers are organized in the Federation of Trade Unions under
the control of the Ba'ath Party Central Labor Bureau. Unions
may operate only under officially approved guidelines.
Elections are held for union executive councils, which in turn
select officers from among the council membership. Nominees
are mainly party members. The right to bargain collectively
is not recognized. Workers legally have the right to strike
after providing notice to the Labor Ministry, but no strikes
have been reported since 1968. The unions initiate
grievances, but a primary union function is to indoctrinate
members with Ba'athist ideology. Union membership is a
prerequisite for employment in some sectors.

c. Freedom of Religion

Iraq is an ethnically and religiously diverse society. Many
non-Muslims, principally Jews and Christians, left Iraq under
previous regimes. Since its rise to power in 1968, the
Ba'athist Government has enforced tolerance of religious
diversity, seeking to submerge religious differences in the
promotion of secular nationalism.

A 1981 law gave the Ministry of Endowments and Religious
Affairs the authority to promulgate laws and regulations
governing places of worship, appointment of clergy, religious
literature, and participation in religious councils and
meetings. However, while the Government has assumed much
greater authority in Islamic religious affairs since 1981, the
law has not been invoked against Iraq's Christian sects.
Religious leaders operate under close government supervision.
Muslim religious leaders are considered government employees
and receive their salaries through the Government. The
Government administers the principal Muslim shrines and
mosc[ues and has increased allotments to refurbish and maintain
them in an apparent attempt to win support from the devout.

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Over 500,000 Christians constitute nearly 4 percent of the
population. Their freedom of worship in churches of
established denominations is legally protected, but they are
not permitted to proselytize or to hold meetings outside
church premises. Convents and monasteries exist and some new
churches have been constructed, in some cases with government
financial support. The Jewish community is believed to have
decreased from 150,000 following World War II to about 400.
It was severely persecuted in the past, but there is no
evidence of recent persecution. The last known synagogue in
Baghdad is reportedly still functioning.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Iraqis are generally free to travel within the country and to
change their residences or workplaces. However, they are
likely to be constrained by social, cultural, and religious
traditions which define the areas occupied by the various
ethnic and religious groups. Sensitive border and other
security areas are off-limits. Civilian travel in the war zone
is restricted. Curfews are in effect where Kurdish insurgents
have been active. There are police checkpoints on highways
and outside major towns, but most Iraqis and foreigners travel
freely in nonrestricted areas. Foreign diplomats must obtain
Foreign Ministry permits for travel outside of Baghdad, which
are usually granted when requested sufficiently in advance.

All Iraqis and most foreigners who have remained in the
country for more than 2 weeks must obtain exit permission.
Travel has been even further limited since September 1986 when
severe restrictions on currency exchange were imposed. Because
of the war's drain on the economy, permission to travel abroad
is restricted to a few categories of Iraqis, including
officials, government-approved students, and persons needing
medical treatment. (While permission for medical treatment
abroad may be granted, permission to transfer hard currency
abroad to pay for it usually is not.) The Iraqi Government
seeks to limit the countries an Iraqi traveler may visit and,
should the traveler visit a nonauthorized country, a small
fine may be levied upon his return. Iraqis who have residences
abroad may depart the country provided they originally had left
before the war began. In general, a married woman must have
the permission of her husband to travel abroad. The Government
can require a prospective traveler to post a substantial bond
to assure return. According to officials of the Higher
Education Ministry, although Iraqi students abroad should get
permission before accepting foreign scholarships or grants,
they would not be punished upon return to Iraq for failure to
have done so. If students on government scholarships abroad
do not return, their families must repay the costs of the
education.

There is no specific ban on emigration nor special restrictions
for members of minority groups; however, emigration is
discouraged. Prospective emigrants have had travel permission
delayed and have been harassed. Many emigrants leave behind
substantial property because of the difficulty of exporting
assets. Currency exchange violations are considered national
security offenses, and penalties can be severe.

Alien spouses of Iraqi citizens who have resided in Iraq for
at least 3 years are required to become naturalized or leave
Iraq. Many people, including several Americans, have thus

1172

IRAQ

been obliged to accept Iraqi citizenship and are therefore
subject to the present travel restrictions. In March 1984, a
resolution by the Revolutionary Command Council reduced the
residency period before naturalization to 1 year for the
spouses of Iraqis employed at government offices. The Iraqi
spouse faces penalties for noncompliance, including loss of
job, a fine of approximately $10,000, and repayment of the
costs of education.

In recent years, the Government has instituted special
programs to encourage the repatriation of qualified
professionals. Aliens of Iraqi origin can apply for a document
permitting them to enter and exit Iraq without a visa. Former
Iraqis can more easily obtain visitors' visas than other
aliens, who generally must have an official sponsor.

Other persons of Iraqi origin are permitted to return,
including many individuals who were admitted to other countries
as refugees. A number of such people, especially Assyrian
Christians, have returned on temporary visits. They are free
to come and go, within the limits of the present travel
restrictions, since they are not considered to have violated
Iraqi laws. However, those who emigrated only after the
beginning of the Iran-Iraq war, including several U.S.
permanent resident aliens, have been unable to depart Iraq
after returning.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The elitist Ba ' ath Party, dominated by the President and the
Party's Regional Command, rules Iraq. The Party reportedly
has some 1.5 million adherents, representing about 10 percent
of the population. However, only some 50,000 "active" or full
members, less than 0.33 percent of the population, participate
inf luentially in party activities. There are two other legal
political parties, both Kurdish. They and the Ba ' ath Party
constitute the Patriotic and Progressive National Front,
essentially a vehicle of support for the Government. The two
non-Ba ' ath parties carry on only limited activity. Members of
the military or security services may engage in political
activities only within the Ba ' ath Party. Association with the
party is not recpaired for appointment to senior government
positions or military ranks or election to the National
Assembly, but normally is necessary to attain political
influence. Opposition groups, including various Kurdish
groups and splinter parties, are severely repressed. The
Communist Party was removed from the National Front and
declared illegal in 1979. In 1982 the Government amnestied
Iraqi Communists both in Iraq and abroad, but the number
released is unknown.

The outlawed, Iranian-supported Da'wa (Islamic Call) Party has
been a major target of persecution. It has claimed violent
acts against the Government in Iraq and abroad, and was
implicated in the December 1983 truck bombing of the U.S.
Embassy and other U.S., French, and Kuwaiti targets in Kuwait.

General elections were last held for the 250-seat National
Assembly in 1984. The Government screened all the candidates
for consonance with Ba ' ath party ideology. Though in theory
possessing a wide range of official duties, the Assembly
exercises little real authority. Local elections were held in
the Kurdish autonomous region in August 1986.

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Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Iraq denies charges that it violates human rights. The
Government acknowledges Amnesty International's accusations
and in a letter to Amnesty International in July 1985
confirmed approximately two-thirds of the executions Amnesty
International said took place in February and March 1985. The
Iraqi Government contends, however, that these were not
political executions but executions carried out for crimes
against national security. In the past it has offered to
investigate allegations of torture if the victims, interviewed
outside Iraq, returned. None is known to have done so.

There is no government office or official charged with
investigating human rights and coordinating with other
governments and international organizations on human rights.
The International Committee of the Red Cross (ICRC) delegation
based in Iraq has made regular visits to Iranian prisoners of
war (POWs) since 1980 and has assisted in Iraq's unilateral
repatriation of some of them. Iraq has received the ICRC
President and other delegates several times to discuss the
treatment of POWs and the protection of civilians in the
Iran-Iraq war. Reports still circulate of sporadic outbursts
of violence against POWs in the camps. Unlike in previous
years, the ICRC, in its most recent annual report published in
October 1986, no longer states that its representatives have
been denied access to some prisoners. The Iraqis apparently
on occasion retard ICRC efforts to register new POWs as a
means of pressuring Iran to permit access to and registration
of Iraqi POWs.

Since February 1984, Iraq has cooperated with the ICRC in
efforts to resettle Iranian civilian refugees in third
countries. A total of 350 such refugees had departed Iraq or
were accepted as refugees by other countries as of November
1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Ba'ath Party has been committed to the equality of the
sexes, and a series of laws since it came to power in 1968 has
steadily improved the status of women. Such laws have
protected women from exploitation in the workplace; granted
subsidized maternity leave; permitted women to join the
regular army. Popular Army, and police forces; and equalized
women's rights on divorce, land ownership, taxation, suffrage,
and election to the National Assembly. In the 1970 's, the
Government imposed legal penalties on families that opposed
sending their women to literacy schools, and on men who were
seen harassing women.

The percentage of female students among students in elementary
schools climbed from 37.4 percent in 1977-78 to 46.4 percent
in 1982-3. Secondary school female enrollment went from 29.2
to 34.5 percent in the same period. About 32 percent of the
students at universities and technical institutes are female.

Women represent about 47 percent of agricultural workers and
about 25 percent of the total work force. The war has
accelerated the Government's drive to elevate the status of
women, and some Iraqis believe that it has permanently broken

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IRAQ

cultural barriers to the acceptance of women in traditional
male roles. Women have become increasingly visible as
architects, construction engineers, oil engineers, air traffic
controllers, factory and farm managers, and Air Force pilots.
Some 40,000 women reportedly were volunteers in the Popular
Army in 1982.

The General Federation of Iraqi Women (GFIW) was established
in 1969, the regime's first year in power, to promote the
Government's policies towards women. Membership in the GFIW
does not require affiliation with the Ba ' ath Party. The GFIW
organizes conferences on women's issues, establishes training
courses for women, implements programs to eradicate illiteracy,
undertakes civilian war relief activities, and administers
nurseries. It drew up a 4-year plan (1983-86) to encourage
women to work outside the home and has opened four employment
offices in Baghdad for women graduates.

The Shi 'a, who make up roughly 55 percent of the population,
historically have been economically, politically, and socially
disadvantaged. The Government has a declared policy to raise
their living standards and equalize opportunities for economic
and professional advancement. In recent years, the Government
and party have promoted Shi ' a into prominent positions, and
the economic and social status of the Shi ' a has improved
markedly. Nevertheless, the Government maintains a close
watch against Iranian attempts to exploit dissatisfaction
among Iraqi Shi 'a, who share the same branch of Islam
prevalent in Iran.

Although Christians sometimes allege discrimination in
education and jobs, adherence to their religion has not
prevented many from obtaining wealth and professional
advancement. The Deputy Prime Minister and Foreign Minister,
a Chaldean Christian, has represented Iraq at meetings of the
foreign ministers of the Organization of the Islamic
Conference. Other Christians hold important official and
private positions.

Citizens considered to be of Iranian origin bear special
identification, often precluding desirable employment or
impeding advancement. Many "Iranian" families have been in
Iraq for generations. Some say their forebears were not from
Iran but claimed Iranian nationality to evade Ottoman military
conscription.

CONDITIONS OF LABOR

Children are frequently encouraged to work as necessary to
support the family, an acceptable social practice in the
Middle East. The employment of children is forbidden in
state-run enterprises or other than small-scale family
enterprises. The urban work week is 6 days a week, 6 to 7
hours a day for government workers; on Friday all but private
vendors are closed. Wages are set by the Government for
public sector, workers (i.e., the bulk of the employed) and do
not adhere to any fixed per hour or per day rate; salaries are
generally deemed low but adequate. Wages in the small private
sector are set solely by supply and demand. Occupational
safety programs are in effect in state-run enterprises and
inspectors make irregular visits to private establishments;
enforcement varies widely.

1175

ISRAEL AND THE OCCUPIED TERRITORIES*

Israel is a parliamentary democracy which guarantees by law
and respects in practice the civil, political, and religious
rights of its citizens. It has free elections, a multiparty
political system, an independent judiciary, and an elected
legislature (the Knesset) which may limit the Government by
legislation and can bring it down by a vote of no confidence.
There is no constitution; a series of basic laws defines the
responsibilities of government institutions. Emergency
regulations, associated with the state of emergency in force
since the founding of the State in 1948, are still in effect.

In 1979, as provided in the Camp David Accords, Egypt and
Israel signed a peace treaty ending the formal state of war
which had existed between them since 1948. Israel and its
other Arab neighbors continue to be in a formal state of war.
Pursuant to the Egypt-Israel treaty, Israel returned the
remainder of the Sinai Peninsula to Egypt in 1981. Israel
continues to occupy other territories (the Golan Heights, Gaza
Strip, the West Bank, and the eastern sector of Jerusalem)
captured in the 1967 war. In early 1985, Israel withdrew the
bulk of its troops from southern Lebanon, where they had been
since the 1982 war, but it still maintains a residual presence
and continues to support a local militia, the "Army of South
Lebanon . "

Many Israelis doubt that other Arab states are prepared to
accept Israel's right to exist on the basis of U.N. Security
Council Resolutions 242 and 338. Terrorist incidents within
Israel and the absence of peace treaties between Israel and
its other Arab neighbors make security a dominant concern which
affects many facets of Israel's national life.

Approximately 16 percent of the population of Israel are Arabs
who do not share the Zionist principles upon which the State
was founded. Some Jewish groups in Israel also reject Zionism.

Israel enjoys a relatively high standard of living. It has a
predominantly market economy with substantial governmental
participation and subsidized prices for basic commodities.
Economic policy has a strong orientation toward social welfare.
In recent years, Israel experienced increasing balance of
payments deficits, rising foreign debt, triple-digit inflation,
and declining foreign exchange reserves. A new economic
program, initiated in 1985, has significantly reduced the level
of inflation and improved Israel's international financial
position .

Israeli society is characterized by its openness and by its
wide-ranging and lively public debate of all issues of popular
concern. Police and internal security functions are under the
control of Cabinet ministers who must answer to the Knesset
concerning the actions of personnel for whom they are
responsible and whose performance is subject to the scrutiny
of a vigorous free press.

*Because of the sharply differing sociopolitical environments
in Israel and in the Arab territories which Israel has occupied
since the 1967 war, the respective human rights situations are
treated in separate but parallel fashion. The report on the
occupied territories follows the report for Israel.

66-986 0-87-38

1176

ISRAEL AND THE OCCUPIED TERRITORIES*

As in the past, the most significant human rights problems for
Israel in 1986 derived from the strained relations between the
Israeli authorities and some Israelis and the Arab inhabitants
of the occupied territories. These problems were exacerbated
by attacks against Israelis in those areas and by acts of
provocation or violence by Jewish settlers. The number of
attacks on Israelis and acts of violence by settlers declined
somewhat in 1986 .

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There is no indication that political killing is sanctioned by
Israeli authorities.

In 1986 three former officials of the General Security Service
(GSS, or Shin Bet) revealed that their agency had been
responsible for the deaths of two Palestinian prisoners during
interrogation after a bus hijacking in 1984. Several GSS
officials were also implicated in efforts to cover up the
circumstances of these killings in proceedings before two
boards of inquiry which investigated the deaths. President
Herzog subsequently pardoned 11 GSS officials who were involved
in the deaths and the purported coverup, including the Director
of the Service. These pardons precluded further prosecution
of these individuals. After the Government decided against a
judicial commission of inquiry, the Attorney General ordered a
police investigation. The police investigators reported their
findings to the Attorney General, who issued a report stating
that there was no evidence that the Prime Minister at the time
of the killings, Yitzhak Shamir, knew of an attempted coverup
nor that he had issued an order authorizing the killing of
terrorists. Foreign Minister Peres and former Defense Minister
Moshe Arens were also cleared of criminal wrongdoing.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Such practices are prohibited. Evidence or confessions
obtained under duress are inadmissible in court, and the
administrative codes of conduct of the prison and police
authorities contain stringent sanctions against the use of
force or brutality. Police officers accused of brutality or
violence against prisoners or suspects may be prosecuted
either in administrative courts for violation of the code of
conduct or in regular criminal courts for criminal assault.
Acute overcrowding remains a problem in Israeli prisons.

d. Arbitrary Arrest, Detention, or Exile

Israeli law provides strong guarantees against arbitrary
arrest or imprisonment. Writs of habeas corpus and other
procedural and substantive safeguards are available.
Defendants are considered innocent until proven guilty.

Administrative detention may be employed in security-related
cases when it is determined to the satisfaction of a judge

1177

ISRAEL AND THE OCCUPIED TERRITORIES*

that formally charging a person would compromise sensitive
sources of evidence. Any individual under administrative
detention is entitled to representation by counsel and must be
brought before the president of the appropriate district court
within 48 hours of being taken into custody. Upon application
of the Defense Minister to a district court, the right to
representation by counsel may be delayed from 48 hours to
7 days in most instances and up to 15 days in terrorist-
related cases. Each case of administrative detention must be
submitted to judicial review at least every 3 months thereafter
for the entire period of detention. The decision of the,
president of the district court can be appealed to the Supreme
Court .

Israel does not accord prisoner-of-war status under the Third
Geneva Convention to prisoners captured in Lebanon after the
1982 Israeli invasion of Lebanon who were not members of the
armed forces of another country.

Again in 1986, Israeli military forces brought an unknown
number of prisoners captured in southern Lebanon across the
border to prisons in Israeli territory in violation of the
Fourth Geneva Convention.

There is no forced labor.

e. Denial of Fair Public Trial

The right to a hearing by an impartial tribunal with
representation by counsel is guaranteed by law. The judiciary
is independent and effectively insulated from political
interference. With the exception of security cases, which may
be tried by military courts, all trials are open. In security
cases, Israeli law provides that part or all of a trial may be
closed, with the burden of justifying nonpublic proceedings
falling on the prosecution. Counsel is present during closed
proceedings. In security cases, the law also provides for
possible restriction on the choice of defense counsel, but
there were no known cases in 1986 in which this provision was
invoked .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Privacy of the individual and the sanctity of homelife and
correspondence are fully protected. There are effective legal
safeguards against arbitrary invasion of the home.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of speech and press, limited by security-based
censorship provisions, are basic rights in Israel. These
rights are protected by law and the judiciary and are broadly
exercised. An independent and vigorous press expresses a wide
variety of political opinion.

Media censorship is based on British Mandatory emergency
regulations, according to which the censor may prohibit the
publication of material which, in his opinion, will harm the
defense of Israel, the pxiblic safety, or public order.
Censorship decisions may be appealed through the judiciary.
In practice, censorship of the media is usually limited to
military security matters, and journalists generally know

1178

ISRAEL AND THE OCCUPIED TERRITORIES*

which security-related areas are off-limits to publication.
Licenses to publish newspapers are required and normally are
routinely issued. All newspapers are privately owned and
managed .

Israeli radio and television are run by the independent Israel
Broadcast Authority (IBA). The Government helps to fund the
IBA and appoints its governing board but has almost no control
over programing. The independence of the IBA is protected by
law, subject to the censorship provisions. Radio and
television programs are in Arabic as well as in Hebrew.

Movies and theater are subject to censorship if deemed
pornographic or otherwise offensive to religious or social
mores or likely to create a disturbance of public order.
Censorship board actions, rarely imposed, can be appealed in
the courts.

Possession and distribution of literature considered hostile
to the State and issued by illegal Palestinian organizations
are punishable offenses.

Israeli law forbids public manifestations of support for
organizations defined by the State as terrorist in nature.
Proscribed acts include flying the Palestinian flag or
displaying its colors, displaying Palestinian nationalist
slogans, and publicly expressing support for the Palestine
Liberation Organization (PLO).

New legislation to prohibit the intentional fomenting of
racism was passed in 1986.

b. Freedom of Peaceful Assembly and Association

These are basic rights in Israel, protected, along with the
right to demonstrate, by law and rulings of the courts.
Permits are required and routinely granted for political
rallies and outdoor meetings beyond an established size. A
law was passed in 1986 prohibiting and toughening penalties
for any contact by Israelis with the PLO, its subdivisions,
and non-PLO organizations classified as terrorist groups.

Israel has a free, democratic labor movement, which plays an
important role in social, economic, and political life.
Israel's most powerful labor organization, the General
Federation of Labor (Histadrut), and its affiliates operate
the largest national health insurance program and seven
retirement pension systems, as well as a number of large
industrial enterprises. About 85 percent of all workers are
Histadrut members. The membership includes 60 percent of the
adult Israeli Arab population. Israeli workers, including
those in the public sector, make frequent use of the right to
strike. Histadrut has traditionally been active in the
international field; it runs a large labor assistance program
and is active in various international labor organizations.
Israel's labor laws are modern and comprehensive; they reflect
the social democratic values of Israel's founding fathers and
the conditions of employment negotiated by Histadrut over many
years. The Collective Agreements Law of 1957 governs trade
union representation and collective bargaining.

c. Freedom of Religion

Israel was founded as a Jewish State in which all citizens are
guaranteed freedom of religion by law. Muslims, Christians,

1179

ISRAEL AND THE OCCUPIED TERRITORIES*

Druze, and other minority religious groups make up about
17 percent of the population. The prevailing interpretation
of the Jewish nature of the State has been secular rather than
religious. The Law of Return of 1950, which abolished all
British Mandate restrictions on Jewish immigration, and the
Citizenship Law of 1952, which granted every Jew the right to
citizenship upon arrival in Israel, confer an advantage on Jews
in matters of immigration and citizenship.

All religious groups may maintain contacts with their
coreligionists outside Israel. Foreign clergy are permitted
to live in Israel to minister to their coreligionists. Several
thousand Israeli Muslims make the pilgrimage to Mecca each
year. There is no operating Islamic seminary in Israel.
Muslims may obtain such training in institutions in East
Jerusalem, the West Bank, Gaza, or Egypt. The International
Center of the Baha'i religion is located in Haifa, and a
Mormon Study Center is under construction in Jerusalem.

Under Israeli law each religious community is governed in
matters of personal status by its own religious law and not by
civil law. This system, however, sometimes fails to protect
the rights of individuals who do not follow the dominant
tradition within their religious community. Difficulties do
not normally arise in religious worship but do occur in areas
such as marriage, legitimacy, inheritance, or conversion. In
some religious communities, the rights of women are limited.
Some Jewish and Christian congregations have complained that
local and regional authorities have used zoning regulations to
prevent establishment or expansion of their congregations.

An antiproselytizing law enacted in 1977 prohibits the offering
and receipt of material benefits as inducements to religious
conversion. In 1979 the Justice Minister stated that the law
is not intended to restrict the religious freedom of any
community or to impede any community from the pursuit of normal
educational or philanthropic activities. The Attorney General
has ordered that no action be taken under the law without his
express permission, and the law has not been employed. It
nevertheless continues to cause uneasiness among some Christian
groups. Persons considered missionaries and purporting to
belong to missionary groups have been subjected to physical
attacks by individuals and in some cases harassment by Jewish
religious groups. The police have been active in protecting
missionary groups. The Ministry of Religious Affairs
cooperates with and gives financial support to various
interfaith groups which seek to promote understanding between
members of different religious groups.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Israeli citizens enjoy freedom of movement within the country
and are free to travel abroad or to emigrate, subject to
government review to determine whether military service-
related obligations have been satisfied. Emergency
regulations, however, provide that Israeli citizens, by
military order, may be confined to their neighborhoods or
villages or barred from traveling to the occupied territories.
Restrictions of this nature have been applied most often to
Israeli Arabs. An Anglican priest and an attorney, both of
whom are officials of the Progressive List for Peace, a small,
mostly Arab political party, were prevented from traveling to
the U.S. and Europe, and the Director of an Israeli-Arab
cultural heritage group was ordered restricted to his town

1180

ISRAEL AND THE OCCUPIED TERRITORIES*

just prior to his planned departure on a fund-raising tour. A
number of Arab journalists are also under restrictions not to
leave their towns or are affected by other travel restrictions.
In all cases, the Israeli authorities maintain that the
restrictions are based on reasons of state security.

Since 1948 Israel has taken in over a million Jewish refugees,
principally from the Middle East, North Africa, and the Soviet
Union, and has worked toward integrating them into its society
and economy. From 1983 through 1985, the Absorption Ministry
settled some 7,000-8,000 Ethiopian Jewish immigrants. The
flow of immigrants from other countries also continued in 1986.
United Nations General Assembly Resolution 194 of December 11,
1948, calls upon Israel to permit Arab refugees who left their
homes in the 1947-48 fighting to return if they are willing to
live in peace, or to be compensated for their losses if they
choose not to return. Israel has not recognized the validity
of this resolution, pointing out the losses to its own citizens
who fled Arab states at the same time; it did, however, take
back some refugees under the principle of family reunification,
and has, on occasion, indicated willingness to accept some
refugees in the context of a final peace settlement.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Israel is a parliamentary democracy with a multiparty system.
All adult Israeli citizens have the right to vote for
candidates of their choice and to participate in the political
process .

The Israeli Arab community is proportionally underrepresented
in the Knesset (Parliament); 16 percent of Israel's total
population is Arab, but only 7 of 120 Knesset members are
Arab. This may be due, in part, to poor political organization
within the Arab community or to refusal by some Arabs to
participate in Israeli polictics. Israeli Arabs are included
in the parliamentary delegations of several of the Zionist
parties, the non-Zionist Israeli Communist Party, and the
Progressive List for Peace.

Israeli Arabs actively participate in local (municipal)
elections, and Israeli Arab municipal councils serve in Arab
towns throughout Israel. These municipal councils freely
participate in Israeli regional councils.

Women participate freely in the political process and account
for more than 40 percent of the political party membership.
Ten members of the Knesset and two of the judges of the Supreme
Court are women. The new 25-member Cabinet sworn in in
October 1986 includes a woman for the first time since 1974.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government maintains an office of human rights in the
Foreign Affairs Ministry, and several human rights groups in
Israel work for the protection of individual liberties and
women's rights. Private Israeli groups, such as the Israeli
League for Human and Civil Rights, the Association for Civil
Rights in Israel, and Peace Now, freely criticize Israeli
government actions in Israel, the occupied territories, and
Lebanon. They issue statements and reports, hold press

1181

ISRAEL AND THE OCCUPIED TERRITORIES*

conferences, and organize demonstrations without government
interference .

The Government permits visits to Israel by representatives of
private international human rights groups, as well as by the
United Nations Economic and Social Council, the World Health
Organization, and the International Labor Organization. The
Government has generally permitted the International Committee
for the Red Cross to visit Palestinian prisoners taken in
Lebanon and the occupied territories. The Government also
investigates and replies to most inquiries by organizations
such as Amnesty International.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women's rights in Israel are protected by law as well as by
governmental and private organizations. The Equal Opportunity
Law forbids discrimination on account of sex or marital or
parental status, and employers are legally bound to pay female
workers a wage equal to that paid male workers for the same or
generally similar work. Laws and regulations also provide for
protection of the rights of female employees with respect to
pregnancy and childbirth. The Government includes a senior
adviser on the status of women, and the Civil Service
Commission and several government ministries have officers
responsible for promoting fair treatment for women and
ensuring that the rights of women are protected. A number of
nongovernmental women's organizations also work to advance the
status of women, ensure equal opportunity in all fields, and
provide other family services such as child care for working
mothers. The senior adviser on the status of women has
publicly criticized as discriminatory the provision in many
labor agreements that women, but not men, must retire at age
60. Legislation for sexual equality in retirement has been in
legislative committees since March.

Over 40 percent of university graduates are women, as are
39 percent of the work force. Fifty-two percent of Israeli
civil service employees are women, but they appear to be
underrepresented at the higher levels of the Government.
Women account for approximately two-thirds of the instructors
employed in the educational system but they occupy only about
one-fifth of the senior positions of the professional grade of
the career civil service. Women are well represented in
professional and technical jobs in the media, and work in a
broad range of nongovernment professions and other occupations.
Women are drafted into the army for service in noncombat units.

The Israeli Arab minority has equal rights under the law in
most respects, and Israeli Arabs have made substantial
educational and material progress since the founding of the
State. A few have risen to responsible positions in the civil
service, generally in the Arab departments of government
ministries .

Israeli Arabs, however, have little political power or
influence and tend to feel alienated. Despite some
governmental and private efforts to bridge the gap, there is
little social interaction with Israeli Jews. Israeli Arabs
assert that they are denied equal access to education,
housing, and other services, and that they are discriminated
against in such areas as employment and appointment to
government positions. Government grants to Arab local councils
represent a smaller percentage of the budgets of these bodies

1182

ISRAEL AND THE OCCUPIED TERRITORIES*

than is the case for government grants to Jewish
municipalities. In 1986 Arab local councils withheld services
for several weeks in protest over lack of budget parity.

In October 1986, the Council of Arab Local Councils in Israel
protested the continued existence of separate offices for Arab
affairs in government ministries, and called for the abolition
of the office of the Prime Minister's Advisor on Arab Affairs.

While Arabs make up about 16 percent of the population of
Israel, less than 2 percent of senior government positions are
held by Arabs, less than 3 percent of Israeli judges are
Arabs, and no large bank, industrial enterprise, or
agricultural undertaking in Israel is headed by an Israeli
Arab. Israeli Arabs make up 3 percent of university students
and less than 1 percent of the academic positions in the
universities .

Druze and Circassians are subject to Israel's military draft,
and some Bedouin serve voluntarily in special units. Most
Israeli Arabs are not permitted to serve and therefore are
disqualified from many economic and social benefits which
require military service as a precondition. They are
particularly disadvantaged in seeking housing and
new-household subsidies and in applying for governm.ent
employment .

CONDITIONS OF LABOR

The Collective Agreements Law of 1957 empowers the Labor
Minister to extend the provisions of collective agreements,
including the minimum wage in the agreement between Histadrut
and the Manufacturers Association, to workers not otherwise
covered by collective agreements. The Labor Ministry
frequently extends these provisions to workers not covered by
other agreements. Maximum legal work hours are 8 hours per
day, 47 hours per week. The Youth Labor Law of 1955 prohibits
the employment of children under the age of 15 and regulates
employment of youths under the age of 18. The Labor Inspection
Law of 1954 provides a labor inspection service to enforce
health and safety standards in the workplace.

1183

U.S.OVERScftS -LOANS ANO GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YeARS - MILLIONS OF DOLLARS)

COUNTRY: ISRAEL

1934

1985

1986

I. SCON
L
G
A. AID
L
G
(SE

a.FOo

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

DANS ,

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

OTAL

N $-LOANS....,
FOR. CURR....,

TOTAL

.EC.OEV i WFP,

EF AGENCY

CON. ASSIST..,

CE CORPS.
COTICS..,
ER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

9. CREDIT FINANCING..
C.INTL MIL.SD.TRNG.,
D.TRAN-EXCESS STOCK,
£. OTHER GRANTS

910.0

1953.1

1898.4

0.0

3.0

910.0

1950.1

189B.4

910.0

1950.1

1898.4

0.0

910.0

1950.1

1898.4

910.3

1950.1

1898.4

0.0

3.0

0.0

1700.0

1433.0

3445.2

850.0

0.0

1722.6

850.0

1400.0

1722.6

0.0

850.0

0.0

1722.6

0.0

850.0

1400.0

1722.6

III. TOTAL ECON. 5 MIL,

LOANS ,

GRANTS

2610.0 3350.1 5343.6

850.0 0.0 1722.6

1760.0 3350.1 3621.0

OTHER US LOANS 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

laRD

IFC

IDA

ID3

A03

AFDB

UNDP

OHER-UN

EEC

3.0

20.0

0.0

3.0

0.0

3.0

20.0

0.0

361.3

0.0

284.2

0.0

10.5

0.0

15.4

0.0

1.2

0.0

50.0

1184

THE OCCUPIED TERRITORIES

In the course of the war of June 1967, Israel occupied the
West Bank, East Jerusalem, the Golan Heights, the Gaza Strip,
and the Sinai Peninsula. As a result of the Peace Treaty
between Egypt and Israel, the Sinai Peninsula was restored to
Egypt. No peace treaty has, however, been concluded between
Israel and its other neighboring countries. The West Bank and
Gaza remain under military government. Israel regards East
Jerusalem and the Golan Heights as subject to Israeli law,
jurisdiction, and administration.

The United States holds the view that Israel is an occupying
power in these territories and, therefore, that its
administration is subject to the Hague regulations of 1907 and
the 1949 Fourth Geneva Convention concerning the protection of
civilian populations under military occupation.

Israel denies the applicability of the Fourth Geneva
Convention to the West Bank and Gaza, but states that it
voluntarily observes most of the Convention's provisions in
these areas. Major differences have arisen in regard to the
applicability of these provisions in East Jerusalem and the
Golan Heights, to the introduction of civilian settlers, and
to collective punishment. Israel enforces Jordanian law in
the West Bank and British Mandatory regulations in the Gaza
Strip, although it has issued military orders significantly
altering or overriding portions of these laws.

The complex human rights situation in the occupied territories
reflects the fact that, in the absence of a peace settlement,
the territories remain under military administration and there
is friction between occupation authorities and the Palestinian
population. Among the signs of friction are active resistance
to the occupation, including episodes of violence, sometimes
encouraged by outside extremist groups. Friction also arises
from security measures taken by Israel to counter terrorism
and other perceived threats to security. Other causes of
friction are the introduction of civilian Israeli settlers,
advocacy of annexation or permanent control of the territories
by some Israeli political figures, as well as the refusal of
the main Palestinian organizations to recognize Israel or to
promote a negotiated peace. Limits on economic enterprise,
especially that which would compete with Israeli products, are
also a source of contention.

Israel implements its policy in the territories through a Civil
Administration created in 1981 under Defense Ministry control.
It is staffed by military and civilian personnel. Israel's
national police, border police, security service, and the
Israel Defense Forces (IDF) all have a role in administration.
The national police, which includes local Palestinians in its
ranks, is seldom criticized. However, there are frequent
complaints by West Bankers and Gazans about the actions of the
other organizations.

The Civil Administration has sought to reshape local politics,
notably by trying to reduce the influence of the Palestine
Liberation Organization (PLO) and other dissident Palestinian
organizations. Israel has also discouraged political
organizations beyond the municipal levels. It permitted
municipal elections in 1972 and 1976, but after 1980, citing
security concerns, postponed further elections and eventually
removed many elected and appointed officials. Threats by
extremists have also inhibited the development of moderate
Palestinian leaders; even those who have expressed support

1185

THE OCCUPIED TERRITORIES

for the PLO have been intimidated for cooperating with Israel.
Since 1985, Israel has supported the installation of non-PLO
Palestinian mayors who have local and Jordanian support in
place of Israeli military appointees.

Israel has allowed the establishment of four universities in
the West Bank and one in Gaza where none existed before 1967,
but has restricted student and faculty activities which it
sees as threatening security. Israel permits criticism of its
policies by the East Jerusalem-based Arabic press but often
censors articles and editorials and restricts circulation of
Arabic publications in the West Bank and Gaza. One Arabic
newspaper and one magazine were closed in 1986. Broad
restrictions on speech and assembly apply in the occupied
territories .

Arab and Jewish residents continued to suffer from violent
acts in 1986, although at a lower level than in 1985. PLO
factions and various PLO dissident groups claimed
responsibility for nearly all violent acts against the IDF,
Israeli civilians, or Palestinians who disagreed with such
groups. Much of the violence appears, however, to have been
spontaneous and local.

Arab complaints of settler violence continued throughout the
year, including unauthorized armed patrols, physical
harassment, and disruption of legally authorized political
meetings. Two IDF officers were convicted in 1986 for violence
against Arabs, and one member of a Jewish underground
organization was extradited from the United States and
sentenced to prison. In 1986 the President commuted sentences
imposed on six members of this organization, who had been
convicted in 1985 and had served in prison for one half to
two thirds of 2- to 4-year sentences.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political killing is not condoned by Israel. However, there
have been deaths and injuries as a result of both terrorist
acts and IDF security measures.

Attacks by Arabs took the lives of at least 1 IDF soldier,
4 Israeli civilians in the West Bank and Gaza (in addition to
4 who were killed in Israel) and 3 Arabs, while at least 9 IDF
soldiers, 37 Jewish civilians, and 4 Arabs were wounded. In
March the appointed mayor of Nablus was assassinated. The Abu
Nidal group and the Popular Front for the Liberation of
Palestine (PFLP) claimed responsibility, but no one had been
arrested for the crime as of the end of 1986. In October,
1 Israeli civilian was killed, 67 Israeli civilians and
soldiers were injured, and 2 Arabs were injured by a
handgrenade attack near the Western Wall in Jerusalem. The
PLO claimed responsibility.

In November an Israeli student was knifed to death near a
Jewish religious school in the Arab quarter of the old city of
Jerusalem. Three Palestinians were arrested shortly after the
incident and later sentenced to life imprisonment for
committing the murder. They were linked to the PFLP. The
killing sparked anti-Arab demonstrations and vandalism which

1186

THE OCCUPIED TERRITORIES

continued for several weeks. In December an elderly Israeli
was stabbed and wounded in the same area.

At least 7 unarmed Arabs were killed in 1986 and more than 29
were wounded in incidents involving IDF soldiers enforcing
security regulations. Two of the seven killed were students
at Bir Zeit University where IDF soldiers opened fire on
demonstrators. During the same week two Palestinian boys,
14 and 12 years old, were shot and killed and others were
wounded by gunfire in separate incidents near the Balata
refugee camp. In October a Palestinian student was shot and
wounded by security forces at Bethlehem University during an
antioccupation demonstration. Israeli authorities stated that
Palestinian demonstrators had been throwing rocks and bottles
and that the IDF acted in self-defense in these incidents.
However, it appears that the deaths could have been avoided by
use of nonlethal crowd control measures. The IDF limited its
use of lethal force in subsequent disturbances linked to the
Bir Zeit and Balata incidents.

In other incidents, two missing Palestinians were found dead
at the sites of explosions. Palestinians claimed they were
killed by Israeli settlers; the authorities said they died as
a result of accidental explosions of their own bombs. One
Palestinian woman was killed when, according to the IDF, she
attacked a soldier. Palestinians claimed she accidentally
fell on the soldier and was killed by another soldier, who
panicked.

b. Disappearance

Israeli authorities neither sponsor nor condone disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Torture is forbidden by Israeli law and Israeli authorities say
they do not condone torture. Israeli border and national
policemen have been convicted of abusive force against Arab
prisoners, and the Israeli Supreme Court has at times ordered
the withdrawal from evidence of confessions found to have been
coerced. Palestinians complain of widespread and systematic
mistreatment. They assert that nearly all convictions in
security cases are based on confessions, that attorneys are
normally not allowed to see clients until they have confessed,
and that the International Committee of the Red Cross (ICRC)
is denied access to prisoners for a prescribed period. A 1986
Amnesty International report alleged widespread physical
mistreatment of security detainees, specifically citing the
case of Adnan Mansour Ghanem, who was allegedly beaten severely
before being deported. The Israeli judge at Ghanem 's
deportation trial noted physical evidence of beating.

d. Arbitrary Arrest, Detention, or Exile

Persons arrested for common crimes in the occupied territories
are usually provided the opportunity for bail, access to an
attorney, and a clear statement of charges, although these
rights are sometimes delayed. Individuals may be held in
administrative detention without formal charges for up to 18
days. The normal detention period after charges are filed is
60 days before trial. This can be extended indefinitely by a
Supreme Court judge for 3-month periods.

1187

THE OCCUPIED TERRITORIES

Persons held for security reasons are not allowed bail and
initially are denied access to counsel or other outside
contact. Officials sometimes have declined to confirm
detentions to consular officers. Under Israeli law, denial of
notification of arrest to a third party can be extended for up
to 15 days. Many who are released without charges claim
ignorance of the reasons for their detention. Detainees are
prevented from seeing their attorneys for 18 days, but access
may be denied indefinitely for security reasons or because
granting access may impede the investigation.

Arabs are often detained, sometimes in sizable numbers, after
terrorist incidents or demonstrations. Such detentions
usually do not result in formal charges and are not prolonged.
Persons arrested during demonstrations are tried in military
courts on security grounds. Security forces can and do detain
individuals without prompt notification of their relatives and
apparently without the use of warrants.

The use of 6-month administrative detention and deportation
continued in 1986. The United States has indicated that these
measures are inconsistent with the Fourth Geneva Convention.
During 1986, at least 32 Palestinians were placed under
administrative detention, which requires confirmation by a
military judge. The hearing is confidential and the detainee
and counsel can be denied access to evidence cited as grounds
for the detention if the judge determines that confidentiality
is required for security reasons. This can be challenged in
the Supreme Court .

At least one Palestinian who had been released in a 1985
exchange of prisoners held in Israel for Israeli military
personnel captured in Lebanon was deported by Israel, which
claimed he was not entitled to residency status. The ICRC,
which had helped negotiate the original exchange, objected.
Israel maintained that those who had reentered Israel illegally
had forfeited their residency rights; the ICRC disagreed.

In November the Palestinian editor of the Jerusalem newspaper,
Asha'ab, was ordered deported because of his alleged
association with Fatah, the PLCs largest faction. Israel did
not claim that he was personally involved in terrorism. The
order initially was appealed to the Israeli Supreme Court,
which directed the authorities to justify their action. The
appeal was later withdrawn and the editor deported. At least
eight other Palestinians were deported for alleged security
offenses. Several individuals who appealed the deportation
orders to the Supreme Court withdrew their appeals when the
Court refused, on security grounds, their attorneys' request
to review the evidence against them.

In 1986 at least 62 Arabs were placed under new or renewed
orders restricting them to their towns for 3 months or more.
Such orders do not require formal charges and are made by
regional military commanders without judicial review. Many of
those affected are political activists, outspoken critics of
Israeli policies, or PLO supporters.

There is no forced labor in the occupied territories.

e. Denial of Fair Public Trial

Jordanian law, as modified by Israeli military orders, remains
in force in the West Bank for most criminal and civil matters.
British Mandatory law, as modified, prevails in Gaza. The

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THE OCCUPIED TERRITORIES

application of these laws, except in security cases, land
acquisition, or where jurisdiction has been transferred by
military order, has been left in the hands of an independent
Arab judiciary. Residents of the occupied territories accused
of nonsecurity offenses receive public trials in local courts.
Israeli law applies in East Jerusalem and the Golan Heights.

Arabs suspected of security offenses, which are not precisely
defined under Israeli law, are normally tried in Israeli
military courts with a military judge presiding, and are
defended by counsel. However, Israeli residents of the
occupied territories accused of security offenses are tried by
the Israeli district court closest to their residence or the
scene of their crime.

Most military trials are public, except for some cases
involving serious security offenses, but many trials involve
the use of secret evidence, which neither the accused nor his
attorney can see. At the request of the defendent, the Supreme
Court will review whether sufficient security grounds exist for
keeping the evidence secret. Consular officers are normally
able to attend court proceedings involving foreign citizens.

Orders of the Civil Administration may be appealed to the
Israeli Supreme Court. Nonjudicial administrative orders of
the military government may be appealed to area military
commanders and the Supreme Court. Military court verdicts
are not appealable, except on procedural grounds to the
Supreme Court, although the area commander may exercise the
right of commutation.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Under occupation regulations, military authorities can and do
enter private homes and institutions without prior judicial
approval in pursuit of security objectives. A military order
permits soldiers to search persons or premises on the West Bank
without warrant on the suspicion that a person or organization
may possess a proscribed publication.

In 1986 at least 15 houses of West Bank and Gaza residents
accused of involvement in security incidents were demolished
and 21 were sealed. Ten individual rooms were also sealed.
Such action is usually taken before a suspect is tried.
Houses or rooms of Israeli suspects or convicts in security
offenses in the occupied territories were not demolished or
sealed.

Commercial activity is often interrupted after violent
incidents by sealing off areas for searches or by extended
curfews. Nine shops in and adjacent to a building housing
Jewish settlers in Hebron were cordoned off by the IDF after
the owners refused to sell their shops. Patrons must be
searched by soldiers before and after entering the area of the
shops. The shopowners have filed an appeal with the Supreme
Court .

Most Palestinians believe that mail and telephone services in
the West Bank and Gaza are monitored. Individuals can be and
are questioned on their political views by security officials.
Such inquiries have in some cases involved overnight detention.

1189

THE OCCUPIED TERRITORIES

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Freedom of expression is generally respected, subject to
restrictions which are deemed by Israeli authorities as
necessary on security grounds. Proscribed acts include
displaying the Palestinian flag, its colors, or Palestinian
nationalist slogans, and publicly expressing support for the
PLO. The Arabic press, most of which is located in East
Jerusalem, is outspokenly critical of Israeli policies and
actions. Arrests, prison sentences, land seizures, and other
politically sensitive stories are generally reported, but
editorials and articles are often censored in whole or in part.
All items in Jerusalem's Arabic ]_. jess must be submitted to the
censor for prior review, and at least 56 editorials and
commentaries were censored in 1986. Hebrew newspapers need
submit only articles on military security matters to the
censors. Censorship may be challenged by appeal to the chief
censor .

Materials licensed to be published in East Jerusalem are free
to circulate throughout Jerusalem, but need a further license
for distribution in the West Bank and Gaza. One Palestinian
newspaper and one magazine have been denied such licenses.
Military orders forbid the printing or publishing of
politically significant material without a license. Political
significance is not defined.

A permit must be obtained for every publication imported into
the occupied territories. Arabic educational materials,
periodicals, and books originating outside Israel are censored
or banned for anti-Semitic or anti-Israeli content and for the
encouragement of Palestinian nationalism. Since 1984 the
number of books explicitly prohibited has been reduced from
1,300 to 350. Possession of banned materials by West Bank or
Gaza Arabs is a criminal offense. Usually, possession of
illegal publications is one of a series of charges levied
against individuals accused of security offenses. Restrictions
of this kind are usually not applied to Israeli residents.

In August the High Court of Justice upheld permanent closure
of two Arab Jerusalem newspapers on the grounds that they were
funded and operated by the PFLP, which has claimed
responsibility for terrorist actions in Israel and the occupied
territories. The court rejected arguments by the newspapers'
attorney that freedom of expression should protect the
newspapers. The U.S. -based Committee to Protect Journalists
criticized the decision, as well as travel restrictions placed
on several Jerusalem Arab journalists, one of whom was
prevented from traveling to the U.S. to address an Amnesty
International conference.

In August the authorities closed the weekly newspaper
Al-Mawqif for 3 months after its presses were used to print
pamphlets deemed threatening to security. They closed the
newspaper Al-Fajr for 3 days in June and 1 week in October,
and held up the distribution of all Arabic newspapers for
3 days in July and for several hours during one day in August.
They also closed the Hakawati Theatre in East Jerusalem, a
nationalist ensemble company, four times for periods of 12 to
24 hours, citing security reasons.

In November a teacher, who had been involved in a public
opinion poll of Palestinians living in the occupied

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THE OCCUPIED TERRITORIES

territories which showed strong support for the PLO, was
ordered by the Israeli authorities to cease teaching at
An-Najah University because of his alleged association with
PLO members .

Arabic-language radio and television programs from Jordan,
Syria, and other Arab countries, including broadcasts of the
Voice of Palestine, are received in the occupied territories
without jamming.

Foreign journalists have not reported difficulties in meeting
inhabitants of the occupied territories. As with reports by
the local press, all reports filed by the foreign press are
subject to military censorship.

b. Freedom of Peaceful Assembly and Association

The Israelis have permitted a wide range of labor,
professional, and fraternal groups organized before 1967 to
continue to function. Professional associations are active
and often take public stands on political issues. No political
parties or other groups viewed as primarily political are
permitted. Public gatherings of more than 10 people require
permission, which is often withheld from both Arab and Israeli
groups on grounds of public order.

There are approximately 40 labor unions in the occupied
territories, grouped into 2 rival federations. Fifteen new
labor unions have been permitted to register in the West Bank
since the beginning of the occupation, but over 100
applications have been turned down and several Arab unions have
been disbanded by Israeli authorities for alleged security
concerns .

West Bank unions are generally small and confined to urban
workers in skilled craft trades. Israeli authorities must
approve all candidates for union elections but such elections
are held without other interference. Membership in the
Histadrut, the Israeli national labor organization, is open to
Arab workers from East Jerusalem and the Golan Heights.

In 1985 Israel first refused permission to form a union of
Arab lawyers on the West Bank but then ordered the formation
of such a group under the authority of the Civil
Administration. Local lawyers have appealed to the Supreme
Court to eliminate this order. Strikes are legal, except for
political reasons. One union office in Nablus was closed for
6 months on security grounds and the head of the office was
placed under administrative detention. Some union activities,
such as cultural exhibitions or May Day festivities, were
prohibited on security grounds.

Israel permitted several settler groups to hold political
rallies in the occupied territories during 1986. The Israeli
group Peace Now was also allowed to hold a rally in Hebron,
and the Tehiya Party was permitted to hold its party conference
in the Kiryat Arba settlement outside Hebron. Israeli settlers
attempted unsuccessfully to stop the Peace Now rally by
erecting illegal road blocks, physically and verbally harassing
participants, and assaulting some members of the Israeli
Knesset. Although several of those involved were arrested,
none was brought to trial.

Israeli authorities have closed universities and colleges at
times on security grounds. The Hebron polytechnic was closed

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THE OCCUPIED TERRITORIES

for 1 month in April following a demonstration protesting the
Tehiya party convention being held in Hebron. An-Najah
University was closed temporarily in January because the
authorities said that they were concerned that recently held
student elections would lead to disturbances. The authorities
also closed An-Najah twice in December on security grounds and
Bethlehem University for 3 weeks in November on the same basis.
One campus of Bir Zeit University was closed for most of
December following violent clashes between students and
security forces, and classes were disrupted by roadblocks on
several other occasions in 1986. Roadblocks also hampered
classes at Bethlehem University. These measures at times went
beyond what might be reasonably justified on security grounds.
At times university officials also called off classes because
of concerns that student protests would occur .

c. Freedom of Religion

Freedom of religious practice exists in the occupied
territories. No group or sect is banned on religious grounds.
Muslim and Christian holy days are observed without hindrance,
and Muslims and Christians operate a variety of private schools
and institutions. There has been no reported interference with
the publication or distribution of religious publications.

Israel protects Muslim and Christian holy places and usually
assures freedom of access to them. On occasion, the
authorities have denied both Arab and Jewish groups access to
religious sites on religious or security grounds. In January
and February 1986, some members of the Israeli Knesset created
disturbances on the Temple Mount, which is the third holiest
site in Islam and is the former site of the Jewish Temple.
Israeli government spokesmen criticized the disturbances, and
there were no changes in the system under which Islamic
authorities administer the area.

Israel facilitates travel into Jordan for Muslims making the
pilgrimage (the hajj) to Mecca by expediting bridge clearance
procedures and extending the hours of operation of the bridges.
In 1986 several thousand pilgrims from the occupied territories
made the hajj. At least 20 were refused permission on security
grounds .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Freedom of movement is generally unrestricted for Arabs within
the occupied territories, but some restrictions exist.
Approximately 80,000 Arabs travel daily to Israel to work.
All residents over 16 must carry identity documents and show
them to security officials whenever requested. Arab vehicles
are often stopped for security checks, sometimes at
unauthorized roadblocks by Israeli settlers. Palestinians
resident in the territories need permits to remain overnight
in Israel; West Bankers and Gazans are generally forbidden to
remain in Jerusalem after midnight, but the rule is not always
rigorously enforced.

Following violent incidents, curfews lasting several hours to a
day are often imposed in the surrounding area. At least four
West Bank towns and five refugee camps were placed under curfew
at least once during 1986.

Most inhabitants of the occupied territories are permitted to
travel abroad and many thousands do so each year. Exit visas

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THE OCCUPIED TERRITORIES

are required. Many residents of the West Bank are Jordanian
citizens and use Jordanian passports for travel to or through
Jordan. Israel issues laissez passers to residents of the
occupied territories to facilitate foreign travel from ports
and airports in Israel after a security check. In some cases,
restrictions are imposed on reentry. Travel bans are also
imposed on some persons suspected of, but not charged with,
antioccupation activities. Bans on the travel of residents of
particular areas have been used by Israeli security forces as
a form of collective punishment. In October, following the
hand-grenade attack in Jerusalem in which 1 Israeli was killed
and 70 injured, a total travel ban was imposed on all West
Bankers crossing the bridge. The ban was partially lifted
after 1 week but remained in force for all residents under the
age of 40 until mid-December. Despite the formal state of war
between Israel and Jordan, two-way travel between the West Bank
and Jordan is permitted. Palestinians returning from Jordan,
as well as other Arabs and persons of Arab descent, regardless
of citizenship, are all subject to search, and many complain of
unnecessarily harsh or humiliating treatment and harassment.
Israel permitted all members of the Jordanian Parliament
resident in the West Bank to travel freely to attend
parliamentary sessions during 1986.

There are no obstacles to emigration. Israel sometimes
refuses to renew the laissez passers of West Bank residents
who study or work abroad for a period of time on the ground
that they have abandoned their residence, even though they
have not acquired foreign citizenship. Such persons are
permitted to return to the West Bank as tourists only, and are
sometimes denied any right to return. Entry permits or
residency rights are often denied to spouses and children
solely because the head of the household has emigrated.
Israel also has not permitted the return of many former West
Bank residents who were not present in the territories, for
whatever reason, at the time a census was taken in late 1967
by Israeli authorities.

Gazans normally do not recjuire prior approval for travel to
the West Bank. Under special arrangements concluded between
Israel and Egypt, thousands of Gazans regularly cross into
Egypt, particularly to work or visit relatives in the divided
city of Rafah. Israel permits Golan Heights Druze to return
after attending school in Syria; it has not, however, permitted
the return of other Syrians who fled or were expelled from the
area during and after the 1967 war.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

There is no regional self-government in the territories. At
the municipal level, Arab civil servants, institutions, and
municipal officials operate under the military government.
Most villages retain their traditional leadership. No
Palestinian political parties or overtly political
organizations are permitted.

Municipal elections were last held in 1976. A few elected
mayors have continued to hold office. Others were dismissed
and replaced by Israeli officials. In December 1985, a
Palestinian, the last duly elected deputy mayor and elected
head of the Chamber of Commerce, was appointed mayor of Nablus,
but he was later assassinated, at which time his deputy took
over as acting mayor. In October 1986, Arab mayors were
appointed to replace Israeli officials in Ramallah, Al-Bireh,

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THE OCCUPIED TERRITORIES

and Hebron. With these appointments, all major West Bank
municipalities now have Arab mayors. Bethlehem and Tulkarm
are the only major towns governed by elected Arab mayors. Arab
residents of East Jerusalem are permitted and encouraged to
vote in municipal elections. Approximately 20 percent did so
in the 1983 elections.

Most Arab residents of the West Bank are Jordanian citizens
and as such are represented by 2 senators and 30 members of
the Jordanian Parliament. Although Jordan has held regular
parliamentary elections, Israel has not permitted the holding
of similar elections in the West Bank since 1967.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

A variety of local groups, both Israeli and Palestinian, are
concerned with human rights issues. Publications and
statements from these groups are allowed to circulate in the
occupied territories. Arab and Israeli human rights groups
increased their coordination in 1986.

Israel normally permits international human rights groups to
visit the occupied territories, and does not interfere with
their investigations. A Palestinian field investigator for
Law in the Service of Man, the West Bank affiliate of the
International Commission of Jurists, who was placed under
administrative arrest in September 1985 on security grounds,
was released in March 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Palestinians living in the West Bank and Gaza are subject to
laws and regulations of the Israeli military government.
However, Jewish settlers residing in these areas are subject
to Israeli law, jurisdiction, and administration, as applied
to Israeli nationals residing in Israel. Therefore, on a
broad range of issues, including the right to due process,
acquisition and loss of residency, freedom of movement, land
use, and access to social services, Palestinians in the West
Bank and Gaza are treated differently and usually less
favorably than Jewish settlers in the same areas. Israel has
declared that Israeli law applies to all inhabitants of East
Jerusalem and the Golan Heights.

The use of land by Israeli authorities for Israeli settlements,
military purposes, road projects, and other means by which
access is restricted significantly affects the lives and
economic activities of Palestinians. Palestinians are excluded
from the Higher Planning Council which draws up plans for land
use in the occupied territories. In 1971 the military
government issued an order transferring authority from local
municipal and village councils to the Higher Planning Council.
Government planning bodies, military officials, and Israeli
settlers are represented on the Council.

The authorities have discriminated against the Palestinian
population in the use of a substantial portion of the land in
the occupied territories which is under government control.
Approximately 5 percent of the land to which Palestinian access
has been restricted has been turned over to Jewish Israeli
settlers for residential, agricultural, or industrial use.

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THE OCCUPIED TERRITORIES

Israeli settlements receive large annual subsidies in various
forms from the Government of Israel and Israelis receive
inducements to take up residence in the settlements.
Indigenous Palestinians have not been offered the use of land
under Israeli control on the same basis as Israeli settlers,
nor have they received special assistance from the Israeli
authorities to encourage them to remain in the territories.

During the early and midsummer, approximately 100 American
citizens of Palestinian origin arriving as visitors had their
passports impounded at Israeli points of entry enroute to the
occupied territories, were given visas of shorter duration
than normal, and several were made to post bonds of $2,000 to
$3,000. Israeli authorities asserted that this was done only
in cases in which entrants were expected to stay indefinitely
and was not intended to be discriminatory. The practice
appeared to end by late summer.

The West Bank is served by four universities, one college, one
community college, and a variety of other educational
institutions, all established or upgraded since the beginning
of the Israeli occupation. However, none of the universities
receives financial support or other assistance from the
occupation authorities. Palestinian teachers at educational
institutions in the occupied territories must receive
certificates from the Israeli authorities, the issuance of
which is based on security and political criteria, as well as
professional competence.

The Israeli-occupied portion of the Golan Heights consists
of 1,295 square kilometers, and has an Arab population of
about 15,000, mostly Druze and a small percentage of
Alawites. Approximately 7,500 Israeli settlers live in some
32 settlements in the Golan Heights. Druze village councils
have complained that they do not receive sufficient funding to
provide minimal municipal services, and a third of the
estimated 4,000 school children are reported to be studying in
substandard classrooms.

Urban West Bankers are increasingly sophisticated in their
social attitudes, including toward the role of women, but the
rural majority continues to hold more traditional social
values. There are no legal or administrative prohibitions on
the employment of women in the occupied territories, although
traditional cultural mores and family commitments limit most
to homemaking. Most Palestinian women holding jobs outside
their homes reside and work in urban areas. Employment of
women is concentrated in service industries, education, and
health services, with a small number working in journalism,
law, and other professions.

Although women legally have equal access to public education,
custom and family pressures limit the number of women in West
Bank schools. Even so, female school enrollment is quite high
by Middle Eastern standards. A little over 45 percent of the
primary and secondary school students are female. While female
enrollment at the postsecondary level varies between roughly
30 to 45 percent at coeducational West Bank colleges and
universities, a number of teacher and vocational training
centers are all male or all female.

There is a wide range of women's cooperative groups for health
care, child care, handicraft production, vocational training.

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THE OCCUPIED TERRITORIES

and other services. The West Bank-wide Society for the
Preservation of the Family is active in supporting women's
needs .

CONDITIONS OF LABOR

Working conditions in the West Bank are governed by the
Jordanian labor law of 1960 which provides for a maximum
workweek of 48 hours, except for hotel, food service, and
cinema employees whose workweek is 54 hours. There is no
minimum wage. Child labor is not permitted. Histadrut, the
Israeli national labor organization, has taken steps to assure
that working conditions for Golan Druze and residents of East
Jerusalem are comparable to those of Israelis.

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JORDAN

Jordan is a hereditary monarchy with a constitution granting
the King broad powers. The King forms and dissolves
governments and is the ultimate arbiter of policy. The Prime
Minister and the Council of Ministers (Cabinet), however,
exercise considerable responsibility over many issues. The
Constitution also provides for a bicameral parliament and an
independent judiciary.

Martial law has been in effect since the 1967 war which ended
with Israel's occupation of the West Bank. Under martial law,
some detained persons have been denied opportunity to
communicate with concerned individuals for varying periods,
usually not exceeding several months. Generally, however,
martial law has not much affected the civil rights of
Jordanians.

Jordan has a mixed economy with government participation in
certain sectors, largely in transportation and heavy
industry. The Government of Prime Minister Zaid Rifa'i,
formed in April 1985, has taken a number of steps to promote
free enterprise. Declining foreign assistance, a weak
regional economy, and other external economic factors have
caused Jordan's healthy economic growth of the past decade to
level off in recent years. While the economic adjustment has
been difficult, Jordan's economic managers have sought to
minimize its impact on the population.

Riots at Yarmouk University and sporadic crackdowns on the
press marred an otherwise unchanged human rights situation in
1986. The absence of political parties, the continuance of
martial law, and the scope of powers exercised by the police
are areas of concern, but recent trends remain favorable. The
increased opportunities for women in all areas of life, the
continued importance given to the rule of law and an
independent judiciary, and the gradual evolution of the
Parliament (including recent byelections) , have contributed to
an improving human rights picture.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The Government does not sanction political killing. While
there have been political killings by nongovernment groups in
the past, there were none in 1986.

There were no summary executions. Some Palestinians/West
Bankers have been sentenced to death based on a Jordanian law
permitting trials in absentia for selling West Bank land to
Israelis, but these sentences have never been carried out.

b. Disappearance

No disappearances were reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There is no evidence that the Government condones or practices
torture, although there have been reports of ill-treatment of
detainees by police. Jordanian law provides for the decent

1197

JORDAN

treatment of prisoners, and judicial authorities have been
known to dismiss cases based on the apparent mistreatment of
prisoners. In May 1985, the Director of Public Security
established a special office to handle any public complaints
of abuse by security officers and promised to punish offenders.
A new prison (Juweideh prison) has been constructed and opened.
Inmates of the old prison in Amman have been transferred to the
new facility, and the Government plans to close the old prison.
Prison conditions are Spartan by Western standards but not
intentionally degrading. They are inspected by the
International Committee of the Red Cross (ICRC).

d. Arbitrary Arrest, Detention, or Exile

Although Jordan has been under martial law since 1967, most
persons are placed in custody by Jordanian authorities in
accordance with the criminal code which requires imposition of
charges within 48 hours. Persons may then be detained pending
trial for 15 days, or longer if a court approves the
prosecution's request for an extension. The criminal code is
generally applied to persons arrested for designated martial
law crimes, which include espionage, bribery of public
officials, trafficking in narcotics or weapons, black
marketeering, and security offenses. In the past, security
forces have apparently detained incommunicado (or with limited
outside access) some persons suspected of cross-border
infiltration and security crimes. The General Intelligence
Department (GID) can detain a person without trial for varying
periods. However, under martial law provisions, such arrests
should be confirmed within a maximum of 15 days by the Prime
Minister or by local administrators serving as local military
governors. Security detainees can be held without charges for
indeterminate periods or can be formally charged and brought
before the martial court for trial.

Military prosecutors known to have conducted improper arrests
and detentions have been disciplined and transferred to
positions of lesser responsibility. A petition for judicial
review of the legality of the arrest of any detained person
may be brought before the High Court of Justice, but is
unlikely to be granted for those accused of security offenses.

On May 15, demonstrations at Yarmouk University, prompted by
student dissatisfaction, developed into riots when security
forces intervened. Three individuals were killed in the
ensuing violence. Numerous arrests followed, including the
arrest of all members of the Central Committee of the Jordanian
Communist Party. Demonstrations in protest against the U.S.
bombing of Libya also took place before the U.S. Embassy.
Participants were subsequently arrested. Nevertheless, it does
not appear that arrests for security reasons increased
appreciably, if at all, in 1986.

Compulsory labor is forbidden by the Constitution and is not
practiced. There are no instances of exile.

e. Denial of Fair Public Trial

All criminal cases, except martial law crimes and crimes
committed by military personnel, are tried in civilian courts.
The legal code and the independent selection of judges help to
assure a fair trial. Trials are held in open court, except in
a few cases such as those involving sexual offenses.
Defendants are presumed innocent until proven guilty and have
the right to be represented by counsel, to prepare a defense.

1198

JORDAN

to cross-examine witnesses, and to refrain from giving
self-incriminating testimony. The court appoints a lawyer for
those who cannot afford one if the potential sentence is
execution or life imprisonment. An effective appeals process
may be utilized by either the defendant or the prosecution.
Death sentences are seldom imposed.

Civilian judges must demonstrate legal competence in written
and oral examinations before selection by a board composed of
three judges, the Chief Attorney General, and the
Undersecretary of the Justice Ministry. Judges may be removed
from office only after serious transgressions of the law, i.e.,
"bad conduct", and after a disciplinary board hearing. The
disciplinary board is, in fact, the judicial council, composed
of the first Chief, Court of Cassation, for all Jordan; second
Chief, Court of Cassation for all Jordan; Chief, Court of
Cassation for Amman; Chief, Court of Cassation for Irbid;
Chief Prosecutor for Jordan; and a Judicial inspector
(appointed by the Council itself). When a judge is brought
before the Judicial council for alleged misconduct, the Council
hears the matter, examines the defendant judge, and imposes a
penalty — which can range from actual removal to the imposition
of fines.

The Government is reportedly establishing a judicial training
institute. Apparently, very few people apply to become judges
because of low pay and status, and the quality of the lower
ranks of the judiciary is generally regarded as poor.

Martial law crimes are adjudicated in a military court before
a panel of three military officers trained in the law. In
practice, the military court observes the law of criminal
procedure, and defendants are given the same rights as in a
civilian court. However, the very quick trials and subsequent
sentencings of Communists in May suggest that there are
exceptions to this norm. No right of appeal exists from
decisions of the military court; however, sentences of the
court for martial law offenses must be ratified by the Prime
Minister in his capacity as Military Governor. He has
authority to increase, reduce, or annul the sentences. The
cases are reviewed for fairness by a legal advisor or the
Justice Minister before the Prime Minister makes a decision.
The military court also adjudicates all crimes committed by
military personnel. In these cases, the Commander in Chief of
the Armed Forces must ratify the sentences.

Religious courts have jurisdiction over most family matters,
such as marriage, divorce, child custody, or guardianship.
The Shari'a (Muslim religious law) applies to Muslims in these
areas, and a Shari'a court system handles disputes.
Ecclesiastical courts handle similar matters for members of
the main Christian sects. The civil courts administer the
cases of other religious groups. Shari'a law, however, must
be applied to questions of inheritance for all communities.

There have been reports of the detention of persons for
political reasons under the martial law regime, but there are
no reliable estimates of the numbers.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The inviolability of the home is respected. Police searches of
homes require warrants except in rare cases involving security
or the hot pursuit of fleeing suspects. It is believed that

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JORDAN

security personnel sometimes monitor telephones and
correspondence, but the practice is evidently not widespread.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution safeguards the freedoms of speech and press
but permits limited media constraints under martial law.
Jordanians freely express wide-ranging opinions, including
criticism of the Government, in informal settings. Public
debate is less pronounced but still notable in the state-owned
radio and television networks, and the privately owned (but
government- influenced) press, where a form of self-censorship
persists. The Government provides editors with guidance
occasionally on key foreign policy and security matters. On
most other issues, government interference is minimal and
critical commentary is tolerated. However, in mid-1986
several journalists had their accreditation lifted for a brief
period because of their criticism of the Government for its
handling of the Yarmouk incident and Irbid byelections. At
the time, there were reports that some 20 journalists of both
local and foreign papers had been barred from writing and
publishing. Western correspondents and resident Western
writers have occasionally expressed concern over government
interference with freedom of the press, and some local editors
reportedly have complained that they are prevented from
covering stories considered "sensitive" by the Government. In
September and October, several journalists were barred from
publishing after making political comments during a television
interview outside Jordan, and a local cartoonist has been
warned against continuing to publish cartoons critical of the
Government or its policies. At present, government
interference and censorship do not appear to impede the free
flow of ideas and information. In the past, there have been
reports that members of the press have been placed under house
arrest or charged with membership in an illegal organization.
Currently all journalists must register with the Information
Ministry and join the Journalists Association.

Foreign newspapers and magazines are widely available, although
they are subject to occasional censorship.

b. Freedom of Peaceful Assembly and Association

Public demonstrations require a permit, rarely granted, from
the Interior Minister. All organizations require government
approval and may not have political objectives. Government
surveillance of public meetings, university activities, and
organization gatherings is routine. Following the May 15
riots at Yarmouk University, there were numerous arrests, a
complete changeover in the University administration, and
removal of the Interior Minister during an otherwise minor
cabinet reshuffle.

Jordanians are free to join labor unions and professional
associations. These organizations require government licenses
which are usually granted without difficulty. Unions and
associations defend the interests of their members, and their
officers are elected by the membership. Unions engage in
collective bargaining. Strikes have been held in the past, but
none took place in 1986. Strikes are only permitted if the
Ministry of Labor fails to act to arbitrate a labor dispute
within 2 weeks after receiving a complaint from a union.

1200

JORDAN

Strikes are not legal for government employees, who compose
about half of the labor force.

About 20 percent of the Jordanian work force is unionized.
Seventeen unions comprise the Jordan Federation of Trade
Unions ( JFTU) . Several other unions do not belong to the JFTU.
Unions have virtually no political role and confine themselves
to representing their membership in such areas as wages,
working conditions, and workers' layoffs. Their effectiveness
varies widely. The JFTU actively participates in international
organizations such as the International Labor Organization.

Professional associations for doctors, engineers, lawyers,
pharmacists, and similar professional groups operate freely.
They maintain influence with the Government in their respective
areas of interest.

c. Freedom of Religion

Islam, the state religion, is observed by well over 90 percent
of Jordanians. However, the constitutional guarantee of
freedom of worship is adhered to by the Government. There
appears to be little discrimination against religious
minorities, who are well represented at all levels in
government, the military, and the business community. Laws
making harassment of religious minorities a crime are enforced.
A variety of Christian groups, including Catholic, Orthodox,
Armenian, Protestant, and Seventh-Day Advent ist, maintain
churches, schools, hospitals, and other institutions. A small
Baha ' i community also exists. A few foreign clergymen reside
in Jordan. Although proselytizing among Muslims is forbidden,
conversion by Muslims is not a crime.

All religious groups must register with the authorities in
order to obtain official permission to operate in Jordan.
However, there are instances wherein denominations failed to
register but were nonetheless permitted to meet without
harassment .

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Movement within Jordan is unrestricted except in certain
military zones. With a few exceptions (primarily military
personnel and reservists who need permission for foreign
travel), the Government does not restrict emigration or
foreign travel. A woman must present the written consent of
her husband, father, or male guardian to obtain an initial
passport but thereafter may travel alone without restraint.
Citizens who have left Jordan have the right to return. There
are no reported cases of revocation of citizenship for
political reasons. Jordanian courts hold that assuming a
foreign nationality does not deprive a person of his Jordanian
citizenship. Some citizens returning to Jordan, particularly
those who have traveled to Communist countries, are questioned
by the General Intelligence Department regarding security
matters. The Ministry of the Interior formerly required
permits for travel by Jordanians to Syria, but this provision
was revoked in 1985-86. There are restrictions on travel to
the West Bank, but the Government has recently taken steps to
facilitate such travel.

Jordan has faced a long-term refugee problem from the influx
of Palestinians made homeless by the 1948 and 1967 Arab-Israeli
wars. According to the most recent statistics, Palestinian

1201

JORDAN

refugees and their descendants on the East Bank total about
1 million, including approximately 203,000 living in refugee
camps. The total includes refugees from the 1948 Arab-Israeli
war and does not include a large but undetermined number of
other persons from the West Bank, the Gaza Strip, and Israel
who have settled in the East Bank since 1948. Except for some
refugees from Gaza, all have been granted Jordanian citizenship
and have the unrestricted right to reside, work, and own
property. While Gazans do not have citizenship, in 1986 they
were granted for the first time the right to purchase land and
own property in Jordan. Gazans enjoy the right to work as
well. The Government now issues Jordanian passports to Gazans
resident on the East Bank who can prove they were displaced
prior to 1971. The Interior Minister routinely grants permits
for travel between the East Bank and Israeli-occupied
territories .

Jordan has granted asylum even in cases which have strained
relations with the neighboring states.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Executive and legislative powers are constitutionally vested in
the King, who rules with the assistance of an appointed Council
of Ministers. Parliament, reinstated by the King in 1984, is
composed of an appointed senate and an elected lower house. It
is overshadowed by the executive branch, but has the right to
ratify royal decrees and laws proposed by the Council of
Ministers. It is gaining in stature and functions with
increasing effectiveness.

The lower house still is composed largely of members elected
in the last national election of 1967, although since then
10 members for the East Bank have been elected directly and
14 members for the West Bank have been elected indirectly. A
full third of the 30 East Bank members were elected in
byelections in 1984 and 1986. Since 1972 general elections
have been deemed to be impossible because of continued Israeli
occupation of the West Bank. Vacant East Bank seats have been
filled through byelections which generally have been considered
fair and open. A new Electoral Law passed in 1986 provides for
expansion of lower house membership to 142 members and also
establishes distinct electoral districts on the East Bank which
will allot seats to refugee camps on the East Bank. Vacant
West Bank seats are currently filled by the vote of the other
members of Parliament. Parliament also has reserved seats for
Christians and Circassians.

Most municipal and town councils are elected by popular vote.
The person receiving the highest number of votes is
traditionally confirmed as mayor by the Minister for Municipal
Affairs and then by the Prime Minister. However, the next
session of Parliament is expected to consider legislation
providing for the direct election of mayors. Women were
enfranchised in 1973 and may also run for public office. King
Hussein appointed the first female cabinet minister in 1979 and
has continued to encourage the participation of women in the
political process.

Organized political parties are not permitted, although several
informal political groups operate openly. The Communist Party
is banned. All persons seek elected office as independents.

1202

JORDAN

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Although in the past Jordan attracted little attention from
either private or international human rights organizations,
this is changing. In 1986 it received more attention and more
criticism. The Jordanian lawyers' professional association,
which has a human rights committee, continues to be relatively
active in this area. Other local organizations and ad hoc
groups also occasionally issue statements and petitions on
such human rights concerns as Palestinian rights and the ban
on political parties. The International Committee of the Red
Cross (ICRC) maintains an office in Amman and its
representative regularly visits prisons and detention
facilities. He is allowed to meet all detainees in accordance
with standard ICRC criteria. Members of the royal family have
demonstrated interest in human rights. For example. Crown
Prince Hassan is cofounder of the independent Commission on
International Humanitarian Issues and chaired a 3-day seminar
sponsored by the Commission in December on human rights and
human welfare issues including refugees, famine, child abuse,
and "mass expulsion of population groups from national
homelands" .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women's role in society has been changing in recent years.
Women now account for half the student body at the elite
University of Jordan. At another educational level, a
vocational training center in Amman teaches women to repair
radios, televisions, and office machinery. Such changes in
educational patterns are similarly reflected in the work force.
Women today comprise about 20 percent of the labor force,
compared to 4 percent in 1975. Women participate generally in
subordinate positions and most heavily in clerical, teaching,
and administrative jobs. There has been a significant
increase in the number of women in such professions as
medicine, engineering, and architecture. However,
professional women and women's associations believe that more
remains to be done to increase female participation in these
areas. Women are also now officers in the police, and two
female Jordanian pilots fly for Royal Jordanian Airlines.
Women increasingly operate businesses. The Government
encourages women workers by requiring maternity leave and
child care centers at large establishments. However, these
regulations are not enforced strictly. Women appear to be
taking an increasingly active role in promoting their
professional and employment rights. A recent controversy over
a purported ban on the hiring of married teachers for rural
areas provoked an effective response from women's associations.

Equality between men and women is the legal norm. In practice,
however, certain traditions can constrain women's freedoms, and
the entry of women into professional and academic realms
previously the traditional preserve of men can spark resentment
and opposition.

In matters of inheritance and divorce, women are treated
differently. Under Islamic law, sons inherit twice as much as
daughters. However, the son is required to use his inheritance
for the maintenance of his mother and sisters, but a female is
free to retain her inheritance for herself. Likewise, a man
may obtain a divorce more easily than a woman, but he may be

1203

JORDAN

required to pay considerable compensation based on the marriage
contract. A reformed divorce law increased compensation for
women suffering from an arbitrary divorce. Women may also gain
and retain custody of children until the children obtain their
legal majority, but they may lose custody if they remarry.

CONDITIONS OF LABOR

Jordan's workers are protected by a comprehensive labor code
enforced by inspectors of the Ministry of Labor. Children
under age 13 are not permitted to work. Children age 13 to 15
are allowed to work a maximum of 6 hours a day, but are
forbidden to work at night (except with special permission)
and in certain occupations regarded as dangerous. The
Government prepares and adjusts periodically a minimum wage
schedule for various trades based on recommendations of an
advisory panel composed of representatives of workers,
employers, and the Government. Maximum working hours are
48 hours per week, with the exception of hotel, bar,
restaurant, and movie theater employees who can work up to
54 hours. Workers are entitled to a weekly day of rest, rest
intervals during the work day, 2 weeks annual paid leave,
2 weeks annual sick leave, and severance pay. The law
specifies a number of health and safety requirements,
including bathrooms, drinking water, safety equipment, and
first aid equipment for workers. Jordan also has a worker's
compensation law. The Government appears to administer and
enforce its labor laws fairly.

1204

U.S. OVERSEAS

■LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: JDROAN

1984

1985

1986

I.ECON

A. AID

(SE

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.DTH

. ASSIST. -TOTAL..

0 AN S .

RANTS

OANS

RANTS

C.SUPP. ASSIST.) ...

0 FOR PEACE

OANS

RANTS

I-TOTAL

Y. IH $-LOANS

IN FOR. CURR

II-TOTAL

LIEF.EC.DEV 5 WFP,

RELIEF AGENCY

ER ECON. ASSIST...

OANS

RANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS ,

A. MAP GRANTS. .......

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRN3. .
D.TRAN-EXCESS STOCK.
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS ,

20.0

100.0

95.3

7.0

5.0

0.0

13.0

95.0

95.3

20.0

100.0

95.3

7.0

5.0

0.0

13.0

95.0

95.3

20.0

100.0

95.3

0.0

0.3

D.O

0.0

• 0.0

0.0

116.7

91 .9

83.1

115.0

90.0

81.3

1.7

1.9

1.8

0.0

115.0

90.0

31.3

1.7

1.9

1.8

0.0

136.7

191.9

178.4

122.0

95.0

81.3

14.7

96.9

97.1

OTHER US LOANS 45.0

0.0 0.0

cX-IM BAN< LOANS 45.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1935 1936

1946-85

TOTAL

147.7

113.3

102.7

823.8

IB^D

130.0

101.5

t02.7

555.0

IFC

0.7

0.0

. 0.0

96.1

IDA

0.0

83.3

103

0.0

■ 0.0

A03

0.0

AFDB

0.0

UNDP

2.5

0.3

0.0

42.5

OTHER-UN

0.0

7.4

EEC

14.5

11.5

0.0

44.0

1205

KUWAIT

Kuwait's amirs, drawn from the Al-Sabah family, have
traditionally governed in consultation with several
commerc?ally powerful families and other community leaders.
The 1962 Constitution contains detailed provisions on the
powers and relationships of the branches of government and on
the rights of citizens. Kuwait's National Assembly has
institutionalized a degree of consultation with the ruling
family and served as an outlet for popular expression,
including criticism of the Government. However, in July 1986
the Amir decreed the National Assembly's dissolution, citing
the breakdown in cooperation between the executive and
legislative branches at a time when the nation faced serious
economic and security problems. The Amir also decreed the
suspension of constitutional provisions mandating the
Assembly's restoration within a 2-month period. It remains
unclear when the Assembly might be reconvened.

Kuwaitis are a 40 percent minority in their own country,
outnumbered by expatriate workers and the large resident
Palestinian community. Kuwaiti citizens are 60-65 percent
Sunni Muslim; the remainder are Shi ' ite Muslim and a tiny
minority of Christians. Although the members of Kuwait's
Shi 'a minority perceive themselves to be largely excluded from
leadership positions in the Government, many have achieved
great wealth, and there is no evidence of discrimination
against Kuwaiti Shi ' as in the administration of the
Government's impressive social welfare programs. The Iranian
revolution has made Kuwait's leadership more aware of the
potential for Shi 'a subversion. Meanwhile, the majority Sunni
community has experienced an upsurge of Islamic fundamentalism
which frequently conflicts with attitudes of the traditionally
moderate members of the merchant class. Kuwait has over
300,000 long-term Palestinian residents, many in their second
generation. Non-Kuwaitis are given due process under the law
but have few other civil and political rights.

With its large oil reserves, Kuwait enjoys a high standard of
living. Its per capita gross national product was estimated
by the World Bank to have reached $17,880 in 1983.

In addition to dissolving the National Assembly, the Amir's
July decrees imposed a system of prior censorship on the
Kuwaiti press. The Amir's action added to existing
restrictions on the political and civil rights of all Kuwaiti
residents, women and expatriates in particular. However, the
Government rarely violates the integrity of the individual.
Kuwait's security apparatus is used primarily to maintain
internal order. It does not engage in political repression.

Measures adopted by the Government to combat terrorism and the
increased political turbulence in the region have resulted in
increased restrictions. While 1986 witnessed fewer terrorist
incidents than the previous year, Kuwait's security
organizations continued to have an expanded role, particularly
with regard to the noncitizen community. In recent years,
security measures have been strengthened, as have legal
restrictions on public gatherings and the dissemination of
"subversive" literature. Increased attention to law and order
is also viewed by some Kuwaitis as a means to protect their
society against the threat they perceive to Kuwaiti moral and
social values from the large foreign population. Internal
socioeconomic changes brought on by sudden oil-related wealth,
coupled in recent years with violent revolution in Iran and
the Iran-Iraq war, have also led to a growing demand by

1206

KUWAIT

well-organized groups for stricter controls over public
morality and political expression. A resurgent Islamic
fundamentalist movement advocates adoption of a more stringent
legal code based on Islamic Shari'a law.

Following an unsuccessful assassination attempt in 1985 against
the Amir, over 15,000 non-Kuwaitis were deported in that year,
and approximately 27,000 were deported in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings in 1986, in
contrast to the previous year when assassination attempts and
terrorist bombings claimed the lives of 16 persons.

b. Disappearance

There were no reported disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Local security forces, without authorization, occasionally use
physical violence when interrogating persons suspected of
committing criminal acts. These incidents do not appear to be
widespread or condoned. Non-Kuwaitis are more likely to
receive rough treatment than are Kuwaitis, and the seriousness
of the suspected crime also appears to play a role. Evidence
of mistreatment during interrogation is a defense in Kuwait's
courts and has led to the release of a number of suspects.
The courts often hold police officers to account for abuses.
In February, the press reported that a policeman had been fined
for beating a suspect under interrogation. In its 1986 Report,
Amnesty International expressed concern about reports of
torture, in some cases leading to death, of detainees by
security forces. It also criticized the reported statement by
a member of the Government defending the practice of "falaqa"
(beatings on the soles of the feet) for security reasons.

Kuwait's prisons are managed along modern lines, with
facilities for inmates' recreation and vocational training.
By and large, prison guards treat inmates humanely, and the
Government provides food and other necessities. Young
offenders, few of whom are imprisoned, are separated from
persons charged or convicted of serious crimes. There is no
policy of discriminatory treatment among prisoners for racial
or religious reasons.

Kuwait's legal process is based in part on Islamic law, but
punishments such as mutilation or stoning are not permitted.
The Government has rejected calls by Muslim fundamentalist
elements for the full implementation of Islamic law and, by
extension, its harsh punishments.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrest and imprisonment are prohibited by the
Constitution. In 1986 there were no reports of persons being
detained for political reasons. The Penal Code affirms the
right of accused persons to due process and stipulates that

1207

KUWAIT

detainees cannot be held for more than 4 days without charge.
A prosecutor's approval is required for detention periods
beyond 24 hours. Thereafter, the suspect must either be
released or charged by a prosecutor, who may authorize
detention for up to an additional 21 days. Further detention
pending trial may be authorized by a judge. Warrants are
required unless a person is apprehended in the act of
committing an offense. These legal safeguards are generally
observed, with arrests being made openly and for specific
violations of law. Reports of incommunicado detention are
rare. Road blocks and spot checks of outdoor gatherings of
expatriates, especially of South Asians, are used sporadically
by the police during searches for illegal immigrants and
contraband liquor. Persons without proper identification may
be detained by the police under the procedures described above.

In 1985, when a number of Kuwaitis and non-Kuwaitis were
detained following the terrorist attack on the Amir's
motorcade and the cafe bombings, there were some credible
reports of arbitrary detention. The Government subsecjuently
stated that such abuses would be halted; in 1986 there was
evidence of one possible abuse. In January a Kuwaiti army
officer and two expatriate residents were arrested for
distributing pamphlets critical of the Government. Reliable
sources indicated that the detainees were held in solitary
confinement and held incommunicado for a month. The three
were tried in March; the two expatriates were acquitted, while
the military officer received a prison sentence.

No Kuwaiti citizen may be exiled or denied return to Kuwait.
However, a noncitizen, even if a long-term resident, may be
summarily expelled if the authorities deem him a troublemaker.
The number of expatriates deported in 1986 increased to
approximately 27,000 as part of a sustained security crackdown
in response to the attack on the Amir in May 1985. As in
previous years, the vast majority of deportees were expelled
because they had arrived in Kuwait illegally or because their
residence permits had expired.

There is no forced labor in Kuwait.

e. Denial of Fair Public Trial

Kuwait's judicial system is independent and, except for the
State Security Court, provides for public trials and the right
of appeal. Judges are appointed by the Amir at the
recommendation of the Justice Ministry. Kuwaiti nationals
serving as judges usually receive lifetime appointments, while
the many non-Kuwaiti judges serve under 1- to 3-year contracts,
which are renewable. Judges may be removed by the Justice
Ministry for cause, but such removal is reportedly rare.

All defendants are represented by attorneys — court-appointed,
if necessary. The courts give consideration to defendants'
allegations of police mistreatment in reaching verdicts and
sentencing. Defendants tried in absentia have the right to
an additional appeal. There are no reports of government
interference in judges' issuance of verdicts or of
discrimination against defense counsel. However, the
court-appointed attorney of a defendant unable to engage his
own lawyer is not always given adequate time to prepare a
defense. Interpretation of court proceedings to ensure their
understanding by non-Arabic speaking defendants is sometimes
inadequate.

66-986 0-87-39

1208

KUWAIT

Defendants' rights are not always fully respected in the State
Security Court, which convenes on an ad hoc basis to handle
cases deemed of an internal security nature. Composed of
judges normally serving in other courts, this tribunal conducts
its proceedings in closed sessions; its judgments are not
subject to appeal. Defendants are permitted to have an
attorney.

In October the Court began hearing the trial of those charged
in the 1985 attack on the Amir and in November it condemned to
death the sole defendant in custody charged with responsibility
for the attack. Of four others tried in their absence, one
received a life sentence and three were acquitted. The trial
followed a lengthy investigation. The Amir must approve the
death sentence.

In its 1986 Report, Amnesty International expressed concern
about the fairness of trials of possible prisoners of
conscience before the State Security Court. The report cited
the November 1985 case of Kamil Husayn 'Ali Dashti, who was
sentenced to 5 years in prison for having written a leaflet
calling for the overthrow of the Government.

According to the Constitution, military courts have
jurisdiction only over offenses committed by members of the
armed or security forces, except during periods of martial law
(which has never been declared in Kuwait). However, it was
the State Security Court, not a military tribunal, that tried
the military officer in March for distributing ant i government
pamphlets .

The Amir has the power to pardon or commute sentences passed
by either civilian or military courts and does so through the
publication of an annual list of commutations following major
religious holidays.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The right to individual privacy and sanctity of the home is
provided for in the Constitution and generally respected in
practice. Warrants are required to search, unless the police
are in hot pursuit of a suspect fleeing the scene of a crime
or there is an indication of the presence of alcohol or
illegal narcotics. Search warrants to enter premises are
issued by a public prosecutor. Expatriates, and particularly
common laborers and servants who live in accommodations
provided by their employers, may have their premises searched
by the police with authorization only of the employer.

In June 1986, the Government restricted Kuwaiti males' right
to marry foreigners, decreeing that official approval in
advance would henceforth be required. The Government's action
was apparently motivated by concern over how to meet its
responsibilities toward the children of non-Kuwaiti spouses
residing outside the country. The Government, and the public
at large, were also concerned about the growing number of
Kuwaiti males opting to wed foreigners rather than Kuwaiti
nationals .

1209

KUWAIT

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Constitutional guarantees of this freedom are often subject to
such conditional phrases as "in accordance with conditions and
manner specified by law." The Kuwaiti or foreign resident
feels free to offer his opinion in private without fear of
official retaliation. However, no one may make a written or
public attack upon the Amir and the ruling family, upon Islam,
or upon leaders of Arab states. Kuwait has an active
censorship department, which reviews all books, films,
videotapes, periodicals, and other material entering Kuwait in
bulk or for commercial purposes. Items arriving by post for
individual or institutional use are usually not opened before
delivery unless the contents are suspected of being
pornographic. Radio and television are government owned and
controlled.

In July the Amir issued decrees that amended the press law to
impose a system of prior censorship on the Kuwaiti press and
authorize the Government to suspend for up to 2 years any
publication found to be serving foreign states or
organizations, receiving assistance from foreign sources
without the approval of the Information Ministry, or
publishing material conflicting with Kuwait's national
interests. The new censorship regulations also toughened
existing penalties for violators, prescribing prison sentences
of up to 3 years and fines up to $17,000, or both, for
offending publishers, editors, and journalists.

As before, the press was forbidden from publishing material
that contained direct criticism of the Amir and the ruling
family, involved official confidential communications or
treaties and agreements with other states, might disturb
relations with Arab and friendly states, or, in a final
category, "might incite people to commit crimes, create
hatred, or spread dissension among the people." Prior to the
July decrees there was selective enforcement of the list of
proscribed topics; violators were usually only issued
warnings. Since July, however, government censors have
reviewed press items before their publication and ensured
compliance by excising offending material.

There were no reports in 1986, either before or after the July
decrees, of newspapermen being arrested or journals being
confiscated or suspended. During the year, however, several
foreign journalists residing in Kuwait and associated with
local newspapers were summarily deported. However, these
journalists' work, apparently sent from abroad, has continued
to appear in the local press, at least occasionally. Since
July, the leftist-oriented weekly Al-Talia'a has failed to
appear on newstands, reportedly in protest over the new
censorship regulations. By law, publishers lose their
license, issued by the Information Ministry, if their
publication does not appear for 6 months. On occasion, the
Government has rejected applications for licenses to publish
new daily papers, claiming that Kuwait's seven existing
dailies (five in Arabic, two in English) are sufficient to
present diverse viewpoints. In 1986 the Government used this
justification to refuse an application by the Sunni Muslim
fundamentalist organization. The Social Reform Society, to
publish a daily paper. At present, the organization issues a
weekly journal, Al-Mujtaraah. Also in 1986, the National
Assembly passed a bill permitting professional societies to

1210

KUWAIT

publish their own periodicals, regardless of whether they were
officially sanctioned. The Government refused to ratify the
law, again claiming that Kuwait's existing publications were
adequate. Some observers, though, believed that the
Government's rejection of The Social Reform Society's license
application and the National Assembly measure stemmed
primarily from a desire to prevent any new "political"
journals from appearing.

b. Freedom of Peaceful Assembly and Association

Political parties are banned. Political activity finds some
outlet in informal social gatherings known as "diwaniyyas . "
The Constitution protects the right to private assembly,
public meetings, processions, and gatherings which are
peaceful and not contrary to public morals. However, any
group of more than three persons desiring to meet for public
discussion (or to meet privately but to issue a public
statement) must receive prior permission from the Ministry of
Interior. The authorities may prevent such an assembly merely
by ignoring the request. During 1986 there were no mass
gatherings of a political nature, but there was one confirmed
case of the authorities preventing an unauthorized public
meeting. Following the U.S. strike against Libya in April,
Hassan Al-Farrag, head of the Kuwaiti Trade Union Federation
at the time, tried to convene a public meeting to protest the
U.S. action but was prevented from doing so by security
officials .

Kuwaiti citizens are free to establish and join trade unions.
However, only government employees and the petroleum, banking,
and airline sectors are unionized; the majority of union
members are civil servants. Unions may draw up their own
constitutions, formulate their own programs, and join
international confederations. Many union activities are
funded by the Government and are subject to official
approval. The Government's ban of the public meeting called
by trade union leader Al-Farrag indicates that the authorities
also monitor labor movement activities. Workers have the
right to bargain collectively. The right to strike
is recognized. In 1986 there was one reported strike, by oil
workers seeking higher wages. Kuwaiti labor law has a
provision allowing for compulsory dissolution of any union
that "commits an act considered to be violating the provisions
of this law and of the laws connected with the preservation of
public order and morals." Expatriate workers, who comprise
the majority of the labor force, are permitted to join unions
after 5 years' residence. Non-Kuwaitis are considered
"associate members" of unions and are not permitted to vote,
hold office, or create new unions. Since each union must be
formed by and have several Kuwaiti members, expatriate
unskilled workers have no union representation.

Professional groups, bar associations, scientific bodies, and
labor unions are permitted to establish international contacts
without government interference. The Kuwait Federation of
Trade Unions, grouping government and petroleum workers, is a
member of the International Confederation of Arab Trade Unions
and the World Federation of Trade Unions. Kuwait is an active
tripartite member of the International Labor Organization
(ILO).

1211

KUWAIT

c. Freedom of Religion

The Constitution declares that "freedom of belief is absolute"
but must not "conflict with public policy or morals."
Kuwait's state religion is Islam; the Shari'a (Islamic law)
is, according to the Constitution, "a main source of
legislation." The ruling family and most prominent Kuwaiti
families are Sunni Muslims. There is no official policy of
discrimination against Shi 'a Muslims, who constitute about
one-third of Kuwait's citizenry, but they and members of
Kuwait's tiny Arab Christian minority are seldom appointed to
sensitive government positions. There are a number of
expatriate Christian congregations and churches. In recent
years the Government has banned Christmas parties and dancing
in the country's hotels and restaurants. Pressure from
fundamentalist Islamic groups is the unstated reason for the
restriction. Expatriate practitioners of Eastern religions,
e.g., Hindus, Sikhs, and Buddhists, are not allowed to
establish places of worship but may worship privately in their
homes. Proselytizing of Muslims by non-Muslims is prohibited.

In recent years, the National Assembly has barred the future
granting of citizenship to non-Muslims, prohibited all
importation of alcoholic beverages, and repeatedly attempted
to establish Islamic law as the basis for all legal process.
Assembly members also pressured, with some success, those
campuses of Kuwait University which were sexually integrated
to separate the sexes in the classrooms and other facilities,
such as cafeterias. The Government accommodated the National
Assembly's demands for the application of some fundamentalist
principles but blocked attempts in the Assembly to apply
Islamic law across the board.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Citizens generally are free to travel inside and outside the
country, to emigrate, and to return. There is some
restriction on foreign travel for young men who have not
completed, or been exempted from, their compulsory military
service. Those serving in the military must receive
permission from the Defense Ministry before traveling abroad.
Although there are no different legal standards regarding the
internal or foreign travel or emigration of Kuwaiti women, in
practice husbands can prevent their wives and minor children
from leaving the country.

There are occasional instances in which citizens' passports
are suspended temporarily. Generally, this has applied to
criminal suspects but sometimes to outspoken regime critics as
well. At the end of 1985, upwards of 8,500 Kuwaitis were
barred from traveling abroad because of debts remaining from
the collapse of an extra-official stock market 4 years
earlier. Many of these persons had their travel rights
restored during 1986. Representatives of societies,
associations, and trade unions wishing to travel to and
participate in international meetings have to receive prior
permission.

Although the Constitution states that "no Kuwaiti may be
deported from Kuwait or prevented from returning thereto,"
individuals have been stripped of Kuwaiti citizenship and
deported. Such actions appear to be rare and in some cases
have been based on the voluntary acquisition by the individual
of foreign citizenship. However, in March 1986 the

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authorities withdrew citizenship from two persons following
their convictions in the State Security Court. One of the two
had been found guilty of defaming the Amir and sentenced to
prison for 2 years. The other had been convicted of belonging
to a subversive group and sentenced to a 5-year prison term.

All non-Kuwaitis residing in Kuwait over the age of 21 must
have the sponsorship of a Kuwaiti citizen. Kuwait does not
extend permanent residence to its expatriate population.
Employers have the power to restrict job mobility and the
tinued residence in Kuwait of their expatriate employees.
Many expatriates (including some government employees, such as
teachers) must surrender their travel documents to their
employers, thus preventing them from leaving the country
without the employer's consent. Those employed by government
agencies are given residence visas which require an exit
permit or "no objection" letter in order to leave the
country. In accordance with law, non-Kuwaitis convicted of
crimes are routinely deported after serving their sentences.

Illegal entrants to Kuwait are normally returned to their home
countries. Exceptions have been made for those, mostly
Iranians and Afghans, who are considered by the Government to
be legitimate refugees and have been permitted to remain in
Kuwait or sent to third countries. Most members of Kuwait's
large Palestinian population have Lebanese or Jordanian travel
documents. Since 1984, undocumented Palestinians and those
with Lebanese documentation have received commitments from the
Government that they will be allowed to stay even without
sponsors, although Palestinian youths over 21 years of age who
travel or study outside Kuwait often have difficulty rejoining
their families in Kuwait.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Al-Sabah, a family of Bedouin origin, have ruled Kuwait
for over 200 years. The 1962 Constitution limited succession
to descendants of Mubarak the Great, the ruler at the turn of
this century. In practice, the ruler and senior family
members choose the Crown Prince from either the Al-Jaber or
the Al-Salim branch of the Al-Sabah. Under the Constitution
this choice is confirmed by majority vote of the National
Assembly. Executive power is vested in the ruler and, under
him, in an appointed Council of Ministers, currently numbering
21, whose chairman by tradition is the Crown Prince.

Upon independence, Kuwait inaugurated a National Assembly
composed of 50 deputies, elected by secret ballot, plus
cabinet members, sitting ex-officio. The electoral law
provides that candidates for the National Assembly be
self-nominated, with multiple candidates permitted to compete
for the 50 seats. A "grandfather clause" effectively limits
suffrage to adult males who resided in Kuwait before 1920 and
maintained a residence there until 1959, and their adult male
descendants. In June, the National Assembly approved an
amendment to the 1966 Nationality Law that delayed for 10
years, until 1996, the granting of voting rights to Kuwait's
so-called "second category" citizens. The latter are certain
long-time Arab and non-Arab residents who do not meet the
"pre-1920" qualification. Efforts since 1982 to gain suffrage
for women have been unsuccessful .

On July 3 the Amir decreed the dissolution of the National
Assembly for an indefinite period and the suspension of

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various constitutional provisions, including Article 107 which
specified that, within 2 months of the Assembly's dissolution,
either special elections be held for a new Assembly or the
dissolved one be reinstated. In his announcement of the
dissolution decree, the Amir mentioned the lack of cooperation
and dialogue between the Government and the Assembly at a time
when Kuwait was facing major economic problems, serious
threats to its security, and other ills. He did not indicate
when the Assembly might return but gave assurances that Kuwait
would not abandon its parliamentary process. The Assembly
previously had been dissolved in 1976 and not reinstated until
1981. In the Assembly's absence, the Amir will rule via
decrees having the force of law.

The Assembly's dissolution represented a setback for citizens'
political rights. Far from being a rubber stamp, it had
served over the years as an important forum for the expression
of diverse political views, some sharply at odds with those of
the Government. The most recent elections, held in February
1985, featured generally fair and hard-fought campaigns by
competing candidates. While the Assembly rarely rejected
government-proposed legislation, it was capable of exerting
sufficient pressure on the Government to cause it to modify
its legislation to satisfy Assembly desires. In its review of
government policy and programs, the Assembly asserted its
prerogatives, frequently questioning ministers and criticizing
their performance. Indicative of the willingness of both the
Assembly and the judiciary to challenge the Government, in
June Kuwait's Constitutional Court ruled against the executive
in a major decision. The Court found that the Assembly had
the authority to investigate past actions by ministries and to
examine Central Bank records; the Government had contended
that the Assembly could only inquire into current ministerial
activities and was not authorized to examine bank records.

Informal contacts between rulers and ruled are an important
feature of the Kuwaiti political system. Traditionally, adult
male Kuwaitis have had relatively easy access to their tribal
and religious leaders, the heads of the prominent merchant
clans, and to the ruling family itself through the system of
"diwaniyyas , " informal discussion groups to which anyone can
come and freely speak his mind. That custom has endured, as
has the tradition that the Amir should govern in consultation
with the other community leaders. High-ranking officials are
also approachable through "wasta," the use of influential
family members or acquaintances as intermediaries in obtaining
favors or a more favorable hearing for one's case.

While most male Kuwaiti citizens can participate directly or
indirectly in the political process, noncitizens, who
outnumber Kuwaitis by three to two, have no role. Kuwait has
been reluctant to extend citizenship to those of non-Kuwaiti
origin, with the exception of certain stateless Bedouin.
Naturalization of even Kuwait-born persons is rare. This
anomaly is particularly striking for the 300,000 Palestinians,
the second largest segment of the population. Citizenship has
been extended only to a few Palestinian families who made
significant contributions to Kuwait before the early 1970 's.
The Government has established a committee to draw up criteria
for granting citizenship, but the results of its deliberations
are not expected in the near future. Expatriates seldom
engage in political activities for fear of exposing themselves
to possible deportation.

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Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no known current requests by nongovernmental
organizations to excunine human rights in Kuwait.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Kuwaiti women are allotted a subordinate role by statute and
practice. Denied the vote, women are also limited by
tradition from freely choosing their role in the society,
though less so than in some other Islamic countries.
Nevertheless, there are Kuwaiti women who are outspoken in
their demand for a broader role in society. In contrast to
the practice in some neighboring countries, a Kuwaiti woman is
permitted to drive a car, may wear Western dress in public,
and has legal access to higher education inside and outside
the country. Women have the right to litigate against men
(for example, in child custody suits). In recent years,
growing numbers of Kuwaiti women have joined the work force,
and are able to compete for government and corporate
employment. Some have reached senior government positions, up
to the level of assistant under secretary. Women are well
represented in the field of education, including at the
university level. As yet, there are no female judges, but in
October the Government named the first woman as a prosecutor.
The Government, however, has restricted women from being
assigned abroad in Kuwait's diplomatic service. Some
prominent, educated persons, both men and women, also are wary
of current fundamentalist trends, which they fear may lead the
Government to restrict women's freedoms as a price for
fundamentalist restraint on other issues, such as the
"Islamization" of Kuwait's Western-oriented banking and
financial system.

There is no evidence of discrimination among citizens in the
administration of Kuwait's extensive social welfare programs,
designed to provide housing, family allowances, retirement
income, medical care, education, and employment. However,
foreign residents, who constitute about 60 percent of the
country's total population of 1,710,000, do not share in many
of the rights and benefits Kuwaiti nationals enjoy. Ownership
of commercial establishments (above 49 percent) , real estate,
and shares on the local stock market is open only to
Kuwaitis. Labor laws give priority to Kuwaitis, then Arabs,
and lastly other foreigners. In the last 2 years, an economic
recession has threatened the expatriate community by
encouraging efforts to reduce the number of long-term resident
foreigners .

White collar and skilled expatriate workers earn the same base
pay as Kuwaitis, but receive less in fringe benefits.
Benefits restricted to Kuwaiti citizens include higher
government salaries, additional government stipends and social
allowances, and, in general, retirement pensions. Resident
expatriates are entitled to medical benefits. Public
schooling is offered, with some exceptions, only to children
of expatriates who arrived in Kuwait prior to 1957, although
the Government subsidizes tuition for students in a number of
Arabic language elementary and secondary schools. Kuwaitis
are given preference for admission to the University of
Kuwait, and, because of limited space for new enrol lees,
non-Kuwaiti university entrants may equal no more than

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10 percent of the number of Kuwaiti entrants. Unskilled
expatriate workers earn much less money and usually are not
permitted to bring their families to Kuwait. Some of these
workers live in crowded apartments or work camps.

CONDITIONS OF LABOR

General conditions of work are established by Kuwaiti labor
law for both the public and private sector, with the oil
industry treated separately. The law limits the workweek to
48 hours, provides for a minimvmi of 14 days' leave per year,
establishes a compensation schedule for industrial accidents,
and establishes a minimum age of 18 years for full-time work
or 14 years for part-time work. Women are permitted to work
except in "dangerous industries and trades harmful to the
health" and are promised "equal remuneration to that of a man
provided she does the same work." There is no legal minimum
wage, but this has little impact in practice since Kuwait is
not a low-wage country.

Reflecting the importance of the petroleum industry in Kuwait,
the law governing employment in this sector is more generous
than the general laws. It provides for a 40-hour workweek,
overtime pay for shift work, 30 days' annual leave, and a
generous sick leave policy. By and large, employers appear to
respect provisions of the labor law and provide suitable
working conditions, although some abuses occur in the
treatment of unskilled expatriate workers, particularly
household maids and servants.

There are two ministerial orders that supplement the above
laws. Number 14 (1970) established an interminister ial board
to resolve labor disputes, and number 42 (1979) created a
permanent commission to coordinate activities in the field of
public health and occupational safety.

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Formally, Lebanon is a constitutional democracy with a directly
elected, unicameral Parliament which chooses the President.
Political power is divided on the basis of a formal
Constitution and in accordance with the unwritten,
conf essionally based National Pact of 1943, which provides for
a Maronite Christian President, a Sunni Muslim Prime Minister,
and a Shi ' ite Muslim Speaker of Parliament. The National Pact
also provides for the proportional allocation of government
positions among various religious groups on the basis of the
1932 national census.

Eleven years of war, however, have drastically reduced the
authority of the central Government and its ability to
safeguard human rights and have seriously undermined the
country's democratic institutions. Unofficial militias have
seized control of much of the country, where they, in effect,
govern the civilian population and enforce their own version
of justice without regard to the central Government or legal
norms. Moreover, the presence of foreign forces has greatly
diminished those areas under government authority. Although
Israel withdrew the bulk of its forces from South Lebanon
during 1985, the Lebanese Government has yet to extend
effective authority to that region. Through the presence of
an estimated 30,000 troops, Syria continues to control large
parts of northern Lebanon as well as much of the Biqa' Valley.
Even in those few areas of Lebanon under nominal central
government control, the authority of the State and its security
services does not go uncjuestioned.

Already seriously disrupted by more than a decade of war,
Lebanon's free enterprise economy deteriorated catastrophically
in 1986. Business confidence, already eroded, dwindled
further, new investment stagnated, and remittances from
Lebanese abroad dropped to the lowest level since 1975. The
value of the Lebanese pound plummeted, causing a serious
decline in the standard of living of most Lebanese and for the
first time seriously threatening the middle class.

The year 1986 brought no overall improvement in the human
rights situation. As in previous years, major battles fought
in densely populated areas intentionally or unintentionally
cost the lives of hundreds of civilians and displaced thousands
of others. Noncombatants far from the fighting have also been
the targets of violence, such as terrorist bombings, random
shellings, assassinations, and abductions. Freedom of movement
between East and West Beirut and to much of the country was
severely limited.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Rival factions routinely kill for political motives. Such
killing has not been restricted to soldiers and militiamen; it
has also been used frequently against noncombatants. Both
indiscriminate and carefully planned attacks against civilian
targets continued to occur throughout 1986, killing hundreds
and wounding, endangering, and displacing thousands. While
forces outside of government control were responsible for most
of these killings, opponents of the Lebanese Government charge

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LEBANON

that security forces and the Lebanese Army also carried out
such attacks during the past year.

Such political killing has resulted from both conventional
warfare and terrorist attacks. In 1986 residential areas in
greater Beirut, Sidon, and elsewhere in South Lebanon were
frequently the target of random shelling, whose purpose often
appears to have been to kill or intimidate civilians.
Terrorist attacks in the form of massive car bombs
indiscriminately killed scores of civilians in East and West
Beirut and elsewhere in Lebanon. In all instances, these
explosions took place in neighborhoods or villages in which
one confessional group predominates, and thus appear to have
been aimed against that group. The car bombs were usually
detonated in crowded areas in order to maximize casualties.

For parts of 1986, South Lebanon was virtually sealed off from
the rest of the country by intense fighting between Lebanese
Shi ' a and Palestinians. The "War of the Camps," which first
erupted in 1985, resumed in April 1986, continued until
mid-June, and broke out again with renewed violence at the end
of September. During the summer and fall, repeated attacks
against the U.N. Interim Force in Lebanon (UNIFIL) forced a
major redeployment of the French contingent and reconsideration
of the UNIFIL mandate.

Heavy fighting also occurred between Lebanese Shi ' a and
Palestinians in and around the refugee camps in West Beirut.
These clashes resulted in several hundred deaths on each side,
including both militiamen and civilians.

In addition to random acts against civilians, there were
numerous assassination attempts against prominent political,
military, and religious figures. These assassination attempts
took the form of ambushes, rocket attacks on homes, and car
bombings. Attacks on foreign diplomats in Beirut continued.
The French Military Attache was killed, and there were
numerous attacks against a number of embassies.

b. Disappearance

Thousands of Lebanon's inhabitants have disappeared since the
beginning of the war in 1975. Private militias and foreign
forces, rather than official Lebanese security services, appear
to be responsible for most of these kidnapings. Some victims
may have been summarily executed. Most of these persons remain
unaccounted for, but occasional hostage exchanges and releases
do occur .

During 1986 politically motivated kidnapings continued
unabated. Abductions were particularly prevalent in West
Beirut and along the so-called Green Line, which divides
predominantly Christian East Beirut from mostly Muslim West
Beirut. Some Lebanese were kidnaped because of their
affiliation with rival militias. Most, however, were civilians
abducted simply on the basis of religion. The Lebanese victims
included, for example, Muslims traveling to East Beirut and
Christians living or working in West Beirut. In 1986
abductions of foreign diplomats, journalists, and academics
continued in West Beirut. A few were eventually released but,
as of the end of 1986, 18 U.S., French, British, Italian,
Irish, and South Korean nationals remained hostage. Two
British citizens and an American librarian from the American
University of Beirut (AUB) , kidnaped in late 1984, were
murdered by their captors in April 1986. In 1986 two U.S.

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LEBANON

nationals, the comptroller of AUB and the former director of
the Lebanese International School, were abducted. Several
Lebanese employees of AUB and the American University Hospital
(AUH) were abducted during the year as well.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Overwhelmed by the presence of private militias and foreign
forces, the official Lebanese security services control so
little territory that relatively few allegations of torture are
made against them.

Almost no reliable information is available on the treatment of
prisoners held by Lebanese militias, Syrian occupying forces,
the Israeli-sponsored Army of South Lebanon, or Palestinians.
Allegations of brutal treatment abound, but it is impossible to
determine to what extent these allegations, which are often
leveled by archenemies, reflect actual practices.

d. Arbitrary Arrest, Detention, or Exile

Under Lebanese law, a suspect must be arraigned before an
accusation committee (a panel of three judges) and the
prosecutor within 48 hours, but government prosecutors
sometimes hold suspects indefinitely for interrogation without
reference to a judge. Every prisoner has the right to legal
counsel, but there is no public defender's office. Bail is
permitted in most cases.

No militia or foreign occupying force observes the legal
safeguards which the Government is committed to apply in arrest
cases. In general, persons arrested by these groups are denied
access to the judicial system.

Various militias detain individuals arbitrarily for indefinite
periods, often to be exchanged for persons held by rival
militias. Such detainees are frequently held incommunicado.
In addition to politically motivated abductions, some militias
presume to enforce law and order in regions under their
control, arresting, imprisoning, and executing individuals on
purely criminal charges.

The Army of South Lebanon maintains a detention center in
Khiyam, which neutral observers have not been allowed to visit.
The Government does not, as a rule, arrest or exile its
political opponents. Fear of assassination by political rivals
has, however, driven several prominent Lebanese into voluntary
exile, and the general decline in public security has
stimulated the emigration of many Lebanese.

The Government does not use forced labor. In the present
anarchy, however, militias have forced workers, especially
immigrant laborers, to perform unpaid duties such as filling
sandbags for use in building defenses against attack.

e. Denial of Fair Public Trial

Lebanese law, practice, and custom provide the right to a fair
public trial. A decade of war, however, has disrupted the
judicial process and many cases remain unadjudicated. Trial
delays result, for example, from the difficulty of conducting
investigations when most of the country remains beyond
effective government control, from a shortage of judges, and,
most importantly, from the general breakdown in security.

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LEBANON

Although Lebanese police and courts are present throughout the
country, the disposition of criminal cases ultimately depends
on the group in power locally. For example, militias
frequently intervene to protect their supporters from
detention and prosecution.

The Government does not sentence persons to imprisonment for
essentially political beliefs or acts. As noted, however,
militias frequently arrest and imprison members of opposing
political and military groups.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government generally has evinced no interest in controlling
personal life. The law requires the Government to obtain the
equivalent of a warrant before entering homes, except when the
Lebanese Army is pursuing an armed attacker.

Rights of privacy, however, have been violated frequently in
the course of military operations mounted by the army,
militias, and foreign forces in Lebanon. ATI of these groups
have attempted to gather intelligence on their adversaries;
these effort's have included informer networks and telephone
monitoring.

In 1986 armed groups in many sections of the country violated
the sanctity of the home by deliberately shelling residential
areas, destroying houses, and killing and wounding their
occupants. During periodic operations in South Lebanon,
Israeli forces demolished the houses of persons suspected of
anti-Israeli activities. Throughout 1986, shelling of
nonmilitary targets occurred in the greater Beirut area, almost
always in densely populated residential neighborhoods.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Lebanon has a strong heritage of freedom of opinion, speech,
and press. The Government has traditionally protected the
rights of those who have opposed government policies through
peaceful means .

Dozens of newspapers and magazines representing a broad
spectrum of opinion are freely published, and the Government
has tolerated the activities of extralegal radio and
television stations operated by widely diverse political
groups .

Intimidation of journalists by militias and terrorists
constituted the most serious threat to press freedom. In 1986
several foreign journalists were abducted. Few other foreign
journalists remain in the country. Christian militias have
prevented the regular distribution in East Beirut of several
leftist and Islamic publications.

The continued breakdown in security in 1986 greatly disrupted
schools and universities to the detriment of academic freedom.
Terrorists and militiamen, who continued to intimidate
university faculty and administrators, represented a serious
threat to Lebanon's long tradition of academic freedom.

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LEBANON

b. Freedom of Peaceful Assembly and Association

The Government places no restrictions on the right of free
assembly, as long as it does not incite popular unrest. Many
groups in Lebanon excercised their right to engage in peaceful
public demonstrations during the year.

The major constraint came from the militias and foreign forces.
In areas under the exclusive control of one militia,
demonstrations or open shows of support for rival militias or
political groups were not permitted.

Political groups, such as those which opposed the Israeli
occupation, are not permitted to operate freely in areas still
under the control of the Israeli-backed militia. The Syrians
do not, in general, allow groups hostile to them to remain in
areas they occupy.

Lebanon has traditionally enjoyed democratic labor and
management institutions. Collective bargaining and the right
to strike continue to exist (widespread strikes protesting the
deteriorating economy took place peacefully on July 3 and
December 2), despite 11 years of war. But with unemployment
reaching 30 to 50 percent in certain sections of the country,
traditional labor practices have become increasingly
irrelevant. There are no current statistics on union
membership. Employees remain highly organized in the banking
industry, which is one of the few sectors of the Lebanese
economy which continues to function at near former levels.
Lebanon's major labor union negotiates wage increases with the
Government to offset inflation whenever economic pressures
dictate.

c. Freedom of Religion

The Government affirms the right of freedom of worship, and
Lebanese practice their various religions with a great degree
of liberty.

The 1943 National Pact essentially allocated political power
on a confessional basis, according to the proportion of various
religious groups in Lebanon as determined by the 1932 census.
The unwritten National Pact stipulated that the President would
be a Maronite Christian, the Prime Minister a Sunni Muslim, and
the Speaker of Parliament a Shi ' ite Muslim. Seats in the
Parliament were divided on a six-to-five ratio of Christians to
Muslims. Positions in the government bureaucracy were
allocated on a similar basis. Some religious groups thus enjoy
greater institutionalized political power than others, and it
has been frequently charged that politically powerful groups
influenced government policies to the economic benefit of their
coreligionists. Efforts to alter or abolish the confessional
system of allocating political power have been at the center
of Lebanese politics for more than 3 decades. Those religious
groups most favored by the 1943 formula have sought to preserve
it, while others who feel disadvantaged by it have sought to
revise it on the basis of new demographic realities or to
abolish it entirely. This struggle has given a strongly
religious coloration to Lebanese politics and to the
continuing civil strife there.

The intensification of religious hatreds has led away from
confessional mixing and towards confessional segregation.
Today Lebanese live more and more in neighborhoods and
villages inhabited exclusively by one religious community.

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LEBANON

Many fear to travel to areas where other sects predominate.
Few Muslims live, for example, in East Beirut. Christians
continued to leave mainly Muslim West Beirut during 1986,
complaining of increasing efforts to enforce Islamic mores and
of a severe deterioration in public security (despite the
introduction of a Syrian security force) . Virtually no Jews
remain in their traditional neighborhood in West Beirut.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Government does not restrict foreign travel by Lebanese
citizens. Emigration and dual citizenship are permitted.

There is no impediment to voluntary repatriation by Lebanese
with valid identity papers.

Lebanon historically has been a land of asylum. During this
century, it has given refuge to hundreds of thousands of
Armenians and Palestinians as well as to smaller numbers from
other Middle Eastern ethnic and religious groups. Lebanon's
political and economic troubles in recent years have greatly
diminished its appeal to refugees. Relatively few sought
asylum there in 1986.

Lebanon's relationship with the Palestinian community has been
difficult. Most Palestinians, like other foreigners, have not
been able to obtain Lebanese citizenship. Their status as a
"state within a state" under the 1969 Cairo accords and their
involvement in internal fighting from 1975 until 1982 resulted
in the bitter enmity of many other groups. In the wake of the
1982 conflict, many Palestinians encountered difficulty in
renewing residence permits and travel documents, and delays
still continue. In 1986 Palestinian combatants continued to
return to Lebanon, and there were serious battles between them
and Shi ' ite Lebanese fighters.

Lebanese traditionally enjoyed freedom of internal travel, but
this freedom has been greatly circumscribed by militia groups
which have established checkpoints to keep those deemed
undesirable out of areas under their control. The so-called
Green Line bisecting East and West Beirut remained closed for
lengthy periods, effectively dividing the city and paralyzing
many aspects of daily life in Beirut. Crossing the Green Line
even when it was officially open remained extremely risky.

The Israeli-sponsored Army of South Lebanon maintained tight
restrictions on the movement of people and goods into and out
of areas which they occupied.

Because of the closure of the Green Line, fighting and
kidnapings along the road to Beirut International Airport, and
chaotic security conditions at the airport itself, many
Lebanese encountered serious difficulties in traveling abroad.
Travelers unable or unwilling to risk using Beirut
International Airport, which is located in West Beirut, had
the option of traveling overland to Damascus or using the ferry
to Cyprus .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Formally, Lebanon is a parliamentary democracy. According to
its Constitution, direct elections must be held for its
99-member Parliament every 4 years. Parliament, in turn.

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LEBANON

elects a president every 6 years, and the President appoints a
cabinet which must obtain the confidence of Parliament.
Political parties may be formed. Women enjoy the same civil
rights as men.

More than a decade of political turmoil, growing militias, and
foreign occupation has robbed these democratic institutions of
much of their substance. No parliamentary elections have been
held since 1972. Although Parliament, the Presidency, and the
Cabinet continue to exist, their effective authority does not
extend to most of the country, which is under foreign
occupation or militia control.

In the past decade, violence has dominated the political
process as militia groups and foreign forces have resorted to
force to gain their way. Leaders of the major factions met in
Lausanne, Switzerland in March 1984 and agreed on a program
for national conciliation. These leaders later formed a
National Unity Government, whose efforts to implement the
national conciliation program have so far not succeeded. In
September 1986, the Cabinet, which had not met since March
1985, briefly resumed meeting as a "Committee of Dialogue."
The dialogue broke down after approximately 6 weeks and the
Cabinet subsequently has not met.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government has a mixed record in dealing with international
human rights groups, and indigenous groups have not pressed the
Government strongly on human rights issues.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women enjoy equality of civil rights and attend institutions
of higher learning in large numbers. Religion, social
tradition, and the prevailing atmosphere of insecurity and
economic hardship make it difficult, however, for women to
expand their participation in Lebanon's social, political, and
economic institutions. The women's organizations that do exist
are, for the most part, subordinate arms of political parties
which work to advance the interest of the parent party rather
than that of women in general.

CONDITIONS OF LABOR

Lebanon has comprehensive labor laws covering a range of issues
involving workers' rights, including minimum wages, safe
working conditions, length of the workweek, child labor, and
annual holidays. However, given the civil strife engulfing the
country, it is not known whether these statutes continue to be
enforced.

1223

U.S.OV.ERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: LEBANON

1984

1985

1986

I.ECON. ASSIST. -TOTAL...

LOANS

GRANTS

A. AID

LOANS

GRANTS

(SEC. SUPP. ASSIST.)...

a. FOOD FOR PEACE

LOANS

GRANTS

TITLE I-TOTAL

REPAY. IN S-LOANS

PAY. IN FOR. CURR

TITLE II-TOTAL

£. RELIEF. EC. DEV i WFP.

VOL. RELIEF AGENCY

C. OTHER ECON. ASSIST...

LOANS

GRANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

B. CREDIT FINANCING....
C.INTL MIL.EO.TRNG. ...
O.TRAN-£<CESS STOCK...

E. OTHER GRANTS.

III. TOTAL ECON. S MIL,

LOANS

GRANTS ,

28.4

20.4

16.0

0.0

28.4

20.4

16.0

28.1

19.9

16.0

0.0

28.1

19.9

16.0

27.8

18.8

16.0

0.3

0.5

0.0

0.3

0.5

0.0

0.3

0.5

0.0

0.3

0.5

0.0

o-.o

0.0

15.6

0.7

0.5

15.0

0.0

0.6

0.7

0.5

0.0

15.0

0.0

0.6

0.7

0.5

0.0

44.0

21.1

16.5

15.0

0.0

29.0

21.1

16.5

OTHER US LOANS. ..,
EX-IM BANK LOANS,
ALL OTHER ,

0.0
0.0
0.0

0.0
0.0

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1985

1946-86

TOTAL

6.5

0.0

259.9

IBRD

0.0

166.6

IFC

0.0

9.3

IDA

0.0

IDS

0.0

A03

0.0

AF03

3.0

0.0

. 0.0

0.0

UNDP

1.5

0.0

36.0

OTHER-UN

0.0

O.D

0.0

3.0

EEC

5.0

0.0

40.0

1224

LIBYA*

The disregard of human rights traditionally displayed by the
Libyan regime of Colonel Qadhafi became even more apparent in
1986 with the evidence of Libyan support for, or direction of,
attacks or attempted attacks on civilian targets in Austria,
Italy, the Federal Republic of Germany, France, Sudan, Tunisia,
North Yemen, United Kingdom, Togo, Lebanon, Turkey, Cyprus, and
Chad. As a result of these terrorist activities, all members
of the European Community and the Tokyo Economic Summit
declared that they could not have normal relations with the
Libyan regime and would take measures to isolate it until it
altered its behavior .

The Socialist People's Libyan Arab Jamahiriya describes its
form of government as "popular democracy." In theory political
power is vested in "the masses ' with the guidance of the
People's Congress and its executive arms, the People's
Committees; in practice the country is dominated by an erratic
military dictator. Colonel Mu ' ammar Al-Qadhafi. He is aided by
extragovernmental "Revolutionary Committees" which operate at
his behest.

The governing principles of the society are expressed in
Qadhafi 's "Green Book" rather than in the Constitution.
Qadhafi has created a political system borrowing from
pan-Islamic and pan-Arab sources and purporting to establish a
"third way" superior to both capitalism and communism. His
philosophy on human rights is summed up in his statement that
"it is an honor to jail or liqiiidate the enemies of the
authorities." Indeed, he has instigated the assassination of
his enemies abroad, and he controls enemies at home in a
variety of summary and judicial proceedings which are employed
wherever popular resistance exists. While ethnic minorities
are allegedly allowed full exercise of their human rights, in
practice such groups as the Berber population are tightly and
systematically controlled.

Libya's security apparatus operates at multiple levels,
involving not only Qadhafi 's personal bodyguards and the
official police and security establishment, but also the
Revolutionary Committees and People's Committees which act
independently of other authorities, sometimes encouraged
directly by Qadhafi. The result is a complex of multilayered,
tight controls over individual activities and freedoms.
Conservative religious and social attitudes further restrict
the freedoms and rights of such groups as women and
professionals. Qadhafi has sought to provide greater equality
for women in education and employment but has faced serious
resistance from his conservative countrymen.

Qadhafi has diverted substantial sums, generated from Libya's
rich petroleum resources, to the acquisition of large
quantities of weapons and to foreign military adventures,
e.g., intervention in Uganda and two invasions leading to the
current occupation of northern Chad. Further, the recent
decline in oil revenues has forced retrenchment; significant
parts of Libya's 1981-85 development plan have been dropped;
foreign exchange controls have been tightened; and imports
have been restricted. Qadhafi's move to expel some 70,000
foreign workers in 1985 hit directly at key public services.

*Since the U.S. has no official observers present in Libya and
since Libya's media is totally controlled, this report draws
heavily on unofficial sources.

1225

LIBYA*

and he requested the population to return to the days of
self-sufficiency and even of nomadic existence. Libya has used
its oil income to finance internal development (new schools,
hospitals, roads) but much has been wasted.

Legal freedoms and rights are generally lacking inside Libya
except for minimal guarantees for minorities and women. There
is no right of peaceful association and assembly, no freedom
of speech, no right to express opposition to the Government in
any form, to form trade unions, or to strike. There are no
legal or judicial rights such as the right to be considered
innocent until proven guilty, the right to a public or speedy
trial, to be secure in one's home or person, or even to hold
property.

Libya's human rights record worsened in 1986. There were
continued reports of torture and abuse. Although Qadhafi has
urged a reduction in the number of offenses subject to capital
punishment, he made it clear that such sentences would continue
to apply to political acts against the regime, and he also
reiterated his call for the searching out and "physical
liquidation" of the regime's "enemies abroad." In statements
made in the autumn of 1986, Revolutionary Committees urged,
and carried out in some cases, the total expropriation and
burning of the homes of "enemies of the revolution."

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

It is not known how many political killings were carried out
in 1986.

In 1984 the Government directed resumption of assassinations
of Libyan exiles and announced the formation of "suicide
squads" to hunt down and kill Libyan dissidents abroad. In
1985 Qadhafi stated that the death penalty was still
appropriate for individuals who refused to return and "repent";
he reiterated his call that "stray dogs" be searched out and
killed. In addressing a school group in April 1986, Qadhafi
reportedly asked students to "slaughter" members of the Muslim
Brotherhood and the Islamic Liberation Party.

b. Disappearance

It is not known how many persons disappeared in 1986. Sixteen
persons tried in 1980 on charges of forming a political
organization have disappeared but are believed to be still
under detention. In April 1985, Libyan authorities replied to
appeals from Amnesty International about these prisoners,
stating that the names mentioned "were unknown to the authority
concerned." However, one of these prisoners, Redwan Bu
Shwesha, a short story writer, was subsequently released.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

In its 1986 Report, Amnesty International reported that in
June 1985 two students, Abd al-Wahid al Zanqi and Rafiq
al-Bishti, allegedly died under torture while in the custody
of members of the Revolutionary Committees. Detainees in
criminal and security cases reportedly are regularly beaten

1226

LIBYA*

during interrogation. In some prisons, conditions reportedly
are tolerable, but the conditions of detention for political
prisoners have reportedly worsened, including transfer to
overcrowded cells and confiscation of reading and writing
materials .

While Shari'a (Islamic) law is practiced in Libya, physical
mutilation is not used as a form of punishment. Amnesty
International has expressed concern about the large number of
offenses, including political offenses, which are punishable
by death under Libyan law. For example, membership in an
illegal organization is a capital offense. Qadhafi explicitly
reaffirmed application of the death penalty in 1986.

d. Arbitrary Arrest, Detention, or Exile

Elements of the Revolutionary Committees and the Peoples
Committees continue to carry out arrest and detention of
suspected opponents of the Government, with the encouragement
of Qadhafi. Under Libyan law, detainees may be held
incommunicado for unlimited periods. Many allegedly are held
without charge or trial, apparently as an example to would-be
opponents of the regime. In security cases in particular,
there are many reports of prisoners being held without trial
for long periods. While undergoing interrogation, sometimes
for periods of several months, they are given no access to
legal representation.

Libya declared several years ago that there were then "no
political detainees on any charge in its prisons." Reports
from a variety of sources, however, assert that the prisons
contain increased numbers of persons convicted of, or held
for, political offenses, including large numbers of persons
arrested in 1984. Qadhafi has justified imprisonment on
political charges. Although he has claimed to be opposed to
arrests in secrecy, there is no evidence that his exhortation
has resulted in any improvement in practice. Foreigners are
not immune from arbitary arrest; clerics from Italy, Malta,
the Philippines, and Poland, who had been arrested by Libyan
authorities, were reportedly released in late April in an
apparent effort to stem an exodus of security-conscious
Westerners .

Exile is not a form of punishment practiced in Libya; to the
contrary, Qadhafi seeks to pressure Libyans working or studying
abroad to return to Libya. Libya does, however, engage in the
arbitrary expulsion of noncitizens. The International Labor
Organization has sent a team to Libya to investigate such
actions, and a report is pending. In general, forced labor is
not practiced, but paid labor is mobilized for major projects
under conditions similar to conscription.

e. Denial of Fair Public Trial

Civilians may be tried in the regular courts, in less formal
"people's courts," or by military or revolutionary courts,
depending on the arbitrary decision of the security forces.
Security forces have the power to consider persons guilty
without trial, particularly "traitors to the people." Trials
are also held in private or in the absence of the accused.
The traditional courts have also been bypassed to a significant
extent by people's courts and revolutionary courts which
sometimes conduct "show trials" on television, followed by
public executions. These various trial systems provide few

1227

LIBYA*

safeguards. Freedom House notes, however, that some acquittals
have occurred in political cases.

A 1981 law prohibits the private practice of law and makes all
attorneys employees of the Secretariat of Justice. The Union
of Arab Lawyers, located in France, has expressed concern for
the ability and freedom of attorneys simultaneously to provide
legal defense for political prisoners and to serve as
government employees. Libya claims that it "guarantees
prisoners all necessary means of defense and safeguards of
justice adequate to the principles contained in the
Declaration of Human Rights" and provides for legal assistance
"as soon as possible with respect to the exigencies of
interrogation," but there are numerous reports that these
rights are frequently denied.

Alleged political offenses are increasingly tried before ad
hoc "revolutionary courts" rather than under the normal
judicial procedure, with the opportunities for defense
severely restricted. Moreover, a number of these "trials"
have been held in se'cret. There is no precise estimate of the
number of political prisoners in Libya.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Government does not recognize the right to privacy. The
legal requirement that judicial warrants must be obtained
before entering a private home is reportedly often disregarded.
Local and international phone calls are routinely monitored.
The informer network is very extensive, encouraged by both
security agencies and revolutionary committees. Individual
privacy is disregarded. Libyan exiles claim that mere family
ties to suspected regime opponents can result in harassment or
even persecution by the authorities. Property can be seized
and burned if it belongs to "enemies of the people" or those
who cooperate with foreign powers.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although some difference of opinion is tolerated in People's
Committee meetings and at the General People's Congress, in
general freedom of speech is severely limited, particularly
with regard to any criticism of Qadhafi or his regime. Freedom
of speech and other basic civil and political freedoms are
further restricted during periods of internal security crises.
Libyan media are owned and controlled by the State. There is
only one daily newspaper, which has a circulation of only
40,000. JANA, the official news agency, is the designated
conduit for politically acceptable opinions. It is impossible
to publish opinions contrary to government policy. Foreign
publications, if not banned outright, are severely censored.
There is an underlying climate of fear and mistrust at all
levels of society which further restricts freedom of speech.
Book-burning has reappeared in the wake of Qadhafi's decree
that English can no longer be taught.

b. Freedom of Peaceful Assembly and Association

The right of association is granted only to those institutions
affiliated with the regime. Public assembly is repressed
unless it is government controlled and supportive of regime
positions. Organizations such as independent trade unions and

1228

LIBYA*

professional associations are viewed as threats by Qadhafi,
who has vowed not to "accept intermediaries between the
revolution and its working forces."

Unions are organized under government control and are
administered through the popular committee system. There is
no collective bargaining; there have been no reports of strikes
(except by students) for years and presumably strikes are not
permitted. An exiled opposition group in June 1983 appealed
to the International Labor Organization to investigate "the
oppressive record of the Qadhafi regime with regard to its
treatment of workers and laborers and employees in Libya, with
particular emphasis on violations of human rights agreements
and conventions governing labor and labor unions." This group
also charged that Libya has forced foreign workers and
employees into military training with the intention of coercing
them into military and subversive activities against their own
countries.

c. Freedom of Religion

Libya is overwhelmingly Muslim. Some minority religions (e.g.
Christians) still are allowed to conduct services, but Islamic
groups differing from the state-sanctioned one are banned. In
September the closure of all Koranic schools allegedly was
ordered to reduce the influence of the mosques and to integrate
all children into the public system. In October the regime
arrested as a threat to state security members of an "enemies
of God" or "godless" clique. In an apparent effort to
eliminate any alternative power bases, the regime has banned
the once-powerful Sanusiyya Islamic religious following.
Restrictions were placed on the operation of the organization's
Zawaayaa (lodges), a government supervisor was appointed for
Sanusi properties, and the Sanusi-sponsored Islamic University
was merged with the University of Libya.

Services are permitted in Christian churches, which are
attended exclusively by the foreign community. There is a
resident Catholic bishop and a small number of priests. Nuns
reportedly are permitted to wear their habits.

Nearly all of the formerly sizable Jewish community has
emigrated, and no information is available on the status of any
Jews who may remain. Qadhafi has stated that he is opposed to
Zionism, not Judaism, and that Arab nations should welcome Arab
Jews who wish to return to their countries of origin. But in a
speech in June 1985 he cited the Prophet Muhammad as stating
that Judaism and Islam cannot coexist in the land of the Arabs,
and in September 1985 anti-Jewish broadcasts on Libyan radio
called virulently for anti-Jewish violence in areas of Tunisia
and Morocco within broadcast range.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

With the exception of security areas, internal freedom of
movement is monitored but not usually restricted for Libyan
citizens. An exit permit is required for travel abroad, and
currency controls are imposed to restrict travel. During most
of 1986, it was extremely difficult for Libyans to travel
abroad because of the unavailability of exit permits or of
permission to obtain foreign exchange. Military conscription
regulations deny the issuance of exit permits to potential
inductees. Under Libyan Islamic law, wives may not leave the
country without their husbands' permission; children may not

1229

LIBYA*

travel without their fathers' consent. The right of return of
Libyan nationals is fully protected and theoretically extends
to include opponents of Qadhafi, so long as they are prepared
to "repent." However, this "right" often appears to be more
of an obligation or threat, with calls for students, often
under government subsidy, and others working abroad to return
on little or no notice and without regard to the impact on
their studies or work.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Major government decisions are controlled by Qadhafi or by
committees acting in his name. He makes appointments of
military officers and official functionaries down to a junior
level. Power flows through a small circle of trusted
associates, whose own authority is a reflection of their
proximity to Qadhafi. Corruption in administration has
assumed major proportions, with adverse effects on government.

Participation in elections is mandatory, and the candidates
are cleared by the Revolutionary Committees from among persons
who are not "merchants, contractors, tribal advocates,
election-brokers, officials of the former (pre-1969) government
or people who have been attacked by the power of the
revolution." Political parties and tribal or local groupings
are prohibited, and involvement in such activities remains
punishable by death. Aside from these constraints. Freedom
House notes that local elections are relatively fair.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Amnesty International (AI) noted in its 1986 Report that it
has registered repeated protests, calls for investigations,
and appeals for the respect of human rights with the Libyan
authorities. Responses were received in only two cases, and
no visits by human rights groups were reported. In March 1985,
AI sought urgent clarification of reports that a number of
detainees, including two prisoners of conscience originally
sentenced to life imprisonment and four political prisoners
allegedly detained without trial, were to be executed. The
Foreign Liaison Office replied, expressing "deep regret" that
AI had "fallen victim to a misleading campaign," stating that
the reports were untrue, but failing to provide any more
details upon Amnesty International's further inquiry.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

There are frequent allegations of discrimination based on
tribal status, with particular discrimination alleged against
Berbers in the interior and Tuaregs in the south. In recent
speeches, Qadhafi has complained about the continued power of
tribal and other antisocial groups. In past years, he sought
unsuccessfully to assure that Berbers married only non-Berbers,
presumably to diminish their tribal identity.

The traditional, conservative cultural attitudes of Libya's
Islamic society serve to restrict the rights of certain groups,
most notably women. Within the confines of Islamic beliefs,
Qadhafi has taken a leadership role in efforts to change the
status of women and expand their access to educational and
employment opportunities. Women currently receive basic

1230

LIBYA*

military training and are subject to a draft. However, they
are imprisoned for adultery. The husband's permission is
necessary for women or children to travel abroad, and female
circumcision is still practiced in remote areas of the south.

Discrimination on the basis of religion also exists. The State
is opposed to Islamic fundamentalism.

CONDITIONS OF LABOR

Libya maintains a work force of around 1 million workers in a
population of 3.7 million. As many as 300,000 of these are
foreign workers whose permission to stay in Libya extends only
for the duration of the contracts under which they are
employed. Although much of the economy is dependent upon
expatriate skills, many foreign workers have been terminated
in recent years, resulting in a significant decline in the
quality of life and availability of services in Libya. No
information is available on Libyan regulations governing
workers' rights. In general, there is no evidence that child
labor is a problem in Libya.

Foreign workers are subject to arbitrary pressures such as
changes in work rules and contracts with little option but to
accept or to depart the country, often without full
compensation for work already performed. The Government
places significant restrictions (currently 50 percent) on the
amount of earnings that may be repatriated. Foreign worker
contracts typically are made in the country of origin and the
pay reflects wage levels in home countries more than the cost
of living in Libya. Large-scale expulsions of foreign workers
in 1985 and a continuing exodus in 1986 in effect shifted much
of the burden of the economic downturn to the foreign workers.

1231

MALDIVES

The Republic of Maldives is a parliamentary democracy headed
by a strong president. It is best described as an "emerging
democracy." There are no political parties, and candidates
for the unicameral legislature, the Majlis, run for office as
individuals. The Majlis selects a single nominee for
president, who is subsequently approved or rejected by the
voters. All citizens over age 21 may vote. In practice,
government control in this small, homogeneous society is
exercised by a small elite with a common background and
outlook, whose authority is generally and traditionally
accepted by the population.

The Maldives is a nation of 1,200 islands in 19 atolls
scattered across an area 500 miles long by 75 miles wide in
the Indian Ocean. The isolation of individual island
communities from each other, and of the Republic as a whole
from the rest of the world, is a dominant feature of social
and economic life. It is one of the world's least developed
countries, with nearly half the population engaged in
traditional activities such as fishing, harvesting and
processing of coconuts, and small-scale farming.

The Maldives has not been subject to attack or invasion from
outside for hundreds of years, and thus sees no need for a
large defense establishment. The country's national security
service of around 1,000 men is responsible for maintaining
internal law and order, protecting the President, defending
the country, and preventing foreign fishermen from encroaching
on Maldivian fishing grounds. The police division of the
service investigates crimes, makes arrests, and enforces house
arrest .

There was little change in the human rights situation during
1986. Virtually universal adherence to Islam, the innate
conservatism of a traditional society, and the high degree of
homogeneity of the Maldivian people all underlie the relative
absence of pressures for social and political change. The
authority of the ruling elite is widely accepted and open
dissent is rare.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings.

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The Constitution stipulates that "under no condition shall a
torture considered to be injurious be inflicted upon any
person. "

Maldivians follow Shari'a or Islamic law, and occasionally
convicted criminals are flogged. Usually, however, punishment
is confined to less physical means such as fines, payment of
compensation, house arrest, imprisonment, or banishment to a

1232

MALDIVES

sparsely populated island where the prisoner must work to earn
his daily keep.

d. Arbitrary Arrest, Detention, or Exile

The Constitution requires that "no person shall be apprehended
or arrested, except on a verdict specified by Shari'a or
(civil) law." There is no provision under Maldivian law for
preventive detention, and incommunicado detention is not
usually practiced. However, 40 youths reportedly seized
during 1986 in connection with possible narcotics offenses
were alleged to have been held incommunicado. There were also
reports that a few persons were subjected to arbitrary arrest
during 1986.

Normal practice calls for the Attorney General's office,
acting on information or complaints which it has received, to
pass the case to the appropriate court. The judge then
instructs the police to undertake an investigation. The
suspect is questioned at police headquarters and may,
depending upon the charges, be detained or placed under house
arrest for 15 days while the case is investigated. If the
case is not brought to trial within 15 days, the suspect is
freed. Detention or house arrest may be extended after the
first 15 days by authority of the President, but usually for
not more than 1 month. While there are no provisions for
bail, an accused person held without bail who has valid reason
to travel may receive permission to do so from the court
handling his case.

Actions which "arouse the people against the Government" are
illegal and persons can be arrested and charged with violation
of this law, the penalty for which can be banishment to remote
atolls of the Maldives.

Forced labor does not exist, except in the sense that persons
banished to remote islands must work to earn their keep.

e. Denial of Fair Public Trial

There is a High Court and eight lesser courts in the capital
at Male, each dealing with specific types of cases (e.g.,
debt, theft, property claims). On other islands there are
courts that deal with all types of cases. Judges are trained
in Islamic law, are appointed by the President and serve at
his pleasure, and thus cannot be considered fully
independent. Cases in island courts that present knotty legal
points are referred to the appropriate specialized court at
Male, whose judge may in turn refer the legal point to four
judges attached to the Justice Ministry for assistance. The
High Court acts as a court of appeal and handles political
cases, such as the trials of the participants in an attempted
coup d'etat in 1980 and four Majlis members found guilty of
bribery in 1983.

During trial, the accused may defend himself and call
witnesses. He also may be assisted by a lawyer, but there are
few lawyers and lawyers are not provided by the courts. The
accused is sentenced by the judge; the length and type of
sentence are established by law and custom.

There is currently only one Maldivian serving a sentence of
banishment for a crime which can be considered a political
act. He is the only one who has not been pardoned among the
several politicians convicted either of participation in the

1233

MALDIVES

1980 coup attempt or of unconstitutional activities and taking
bribes.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Constitution prohibits the opening, intercepting, reading,
or making public of letters, telephone conversations,
telegrams, and wireless messages exchanged between persons
"except in accordance with the specific provisions of the
law. " There were no reports of complaints in 1986 that the
Government monitors correspondence or telephone conversations
or uses a regular system of informers. There are no
prohibitions on the importation of foreign publications,
except pornography, and foreign broadcasts are not jammed.
The Government does not interfere with the right to marry or
seek forcibly to resettle population.

The Constitution also requires that private premises and
dwellings be respected and states that "they shall not be
entered into except under conditions and in a manner
stipulated in the law." There have been no reports of
practices to the contrary.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution guarantees freedom of speech and expression
"so long as the specific provisions of Shari'a and the law are
not contravened." Any citizen may criticize or complain to
the Government without fear if he does so through recognized
channels, such as by letters or oral complaints to the
President, to a Majlis member, or to a civil servant or other
person in authority.

Maldivians are frequently frank in private when discussing and
criticizing the Government. However, the law which prohibits
arousing opposition to the legally established government,
together with a long tradition of authoritarian rule, tends to
make Maldivians careful when expressing their opinions to
foreigners or in the media. There is no prior censorship of
newspapers, but writers and editors are subject to prosecution
if their articles contravene the law. In 1986 no writers or
editors were prosecuted for writing antigovernment articles.

There are three privately owned newspapers, each required to
register with the Government. The only government-owned
publication is the news bulletin, published by the Maldivian
Department of Information and Broadcasting.

b. Freedom of Peaceful Assembly and Association

The Constitution assures freedom of assembly and association,
but Maldivians make little use of these freedoms in a
political sense. The majority of rallies and meetings are
sponsored or approved by the Government and commonly are
addressed by officials or religious leaders. Clubs and other
private associations, of which there are many, are permitted
to function if they do not contravene Shari'a and civil law,
and if they register with the Government.

There are no trade unions in the Maldives, and workers rights
to organize, bargain collectively, and strike are not
recognized or protected by law.

1234

MALDIVES

c. Freedom of Religion

The Constitution makes Islam the official religion and all
citizens are Muslims. There are no churches or shrines for
the practice of any other religion. Missionaries of
non-Muslim faiths are not permitted to proselytize.
Conversion of a Muslim to any other faith would be a violation
of the Shari'a, the law of the land, and would automatically
result in the loss of Maldivian citizenship.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Maldivians are free to move about the country unless they are
under house arrest or detention or banished. However, the
Government discourages Maldivians from changing islands of
residence, primarily because most recent migrants have moved
to Male, which is becoming severely overcrowded. The
Government reimposed regulations in 1982 that limit
immigration to the capital island and its surrounding atoll,
permitting migration to Male only for short periods in order
to work, be educated, or receive medical treatment. At the
same time, the Government has made a major effort to improve
social and educational services and develop industry outside
of Male.

Maldivians are free to change jobs. There are no restrictions
on foreign travel or on emigration, and there are no exit
visas. The Government requires any Maldivian who has acquired
another nationality to maintain Maldivian nationality
concurrently. Such a person must enter and leave the Maldives
on a Maldivian passport. As far as is known, the Government
never has revoked the citizenship of any Maldivian. There are
no refugees or displaced persons and no reports of Maldivians
having been exiled or being refugees or displaced persons
elsewhere.

Section 3 Respect for Political Rights: The Right of
Citizens to Change Their Government

President Maumoon Abdul Gayoom rules the Maldives together
with a small group of generally well-educated members of the
elite who are loyal to him. There are no political parties,
although they are not forbidden by law. President Gayoom has,
however, publicly discouraged their formation as being
inappropriate to the homogeneous nature of Maldivian society.

Members of the unicameral legislature, the Majlis, are chosen
for 5-year terms by means of secret ballots cast by all
Maldivians over 21 years of age. Candidates for the Majlis
must be over 25 years of age, Muslim, able to read and write
both Arabic and Maldivian script, in good mental and physical
condition, and must not have been involved in a crime for the
past 5 years. Of 48 members, 40 are elected (2 from each
atoll and 2 from Male), and 8 are appointed by the President.
There were 162 candidates for the 40 seats contested in the
December 1984 elections. Majlis representatives are freely
approached by citizens or groups with grievances or points of
view on proposed legislation.

Candidates for president must be Sunni Muslim, born of
Maldivian parents, male, over 30 years old, mentally stable,
and must not have been convicted of any crimes. A single
nominee for president is chosen by secret ballot in the Majlis
from as many candidates as are proposed by the members. The

1235

MALDIVES

nomination then is confirmed or rejected in a nationwide
referendum, also by secret ballot. In 1983 the Majlis voted
47 to 1 to nominate Gayoom to a second, 5-year term.
Maldivians confirmed Gayoom with 95.62 percent of their
votes. At the time of his nomination and the referendum.
President Gayoom had no serious challenger for the position.
Some irregularities apparently occurred during the referendum,
especially on outer atolls where island chiefs cast the
ballots of all eligible voters on their islands.
Nevertheless, Gayoom 's leadership is believed to be widely
accepted by the electorate.

Since there are no political parties, factions in the Majlis
tend to coalesce around individuals or points of view and vary
according to the issue. Any member may introduce legislation,
which, if seconded, must be considered by the Majlis. All
laws must be approved by the Majlis. The Majlis has the power
to question ministers and to call for their removal. In
practice, however, the Majlis generally supports the
Government, after carefully discussing and sometimes amending
its proposals.

Section 4 Governmental Attitude regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no requests for outside investigations of human
rights violations in 1986. There are no local human rights
organizations .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

About one fourth of the Maldives' population of 181,000 lives
on Male, the capital island. Despite the Government's efforts
to develop medical facilities, and educational and economic
opportunities in the more distant atolls, residents of the
capital island have a higher living standard and more
opportunities than others. Concerned about overcrowding in
Male, the Government has restricted migration to the capital
from other atolls, which results indirectly in discrimination
against residents of the more distant islands in terms of
their access to a better life.

Women enjoy an equal status with men under Maldivian law, and
patterns of behavior are not notably restrictive.

By Islamic and Maldivian tradition, women play a lesser role
than men in public life. No women were elected members of the
Majlis in 1980; President Gayoom appointed one. There are
three women in the citizens' special Majlis that is reviewing
the Constitution. Women hold 15 responsible positions in the
civil service. The President has appointed 2 women as aides,
another to be his Director of Social Affairs, and 2 women to
his 12-member Consultative Committee. In 1982, the President
appointed a National Women's Committee which is seeking ways
to increase participation by women in the country's life.

CONDITIONS OF LABOR

There are very few labor standards set by the Government.
Only government workers are entitled by presidential directive
to a paid annual holiday and free health care in the event of
work-related illness. There is no minimum age for the
employment of young people. The Government has set no

1236

MALDIVES

restrictions on conditions under which children or young
people may be employed, although most employers do not hire
young people for work at night or in what are considered
hazardous conditions. There is no national minimum wage,
although the Government has established wage floors for
certain kinds of work. There is no restriction on the number
of hours per week an employee can be required to work, and
there is no requirement that private sector employees receive
annual paid holidays.

Until the 1970 's, most Maldivians either were self-employed or
held government jobs and there was a relative lack of interest
in workers' rights or organization. However, during the past
5 years 3 sizable garment manufacturing facilities opened,
employing large numbers of workers. There were no special
provisions regarding workers' rights or treatment in the
agreements to establish these companies between the Government
and the foreign investors. However, a Department of Labour
was formed in 1982 and it has been studying the labor
situation in the Maldives and in other countries with a view
to developing appropriate labor regulations for the Maldives.

1237

U.S. OVERSEAS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: MALDIVe ISLANDS

1984

1985

1986

I.=CON.
LO
•GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS

I-TOTAL

. IN F-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.DEV S WFP.

ELIEF AGENCY

R ECON. ASSIST...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL,

LOAMS

GRANTS c

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNS.,
D.TRAN-cXCESS STOCK,
E. OTHER 3RANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

1.5

0.0

D.O

0.0

3.0

0.0

1.5

0.0

1.5

0.0

O.Q

0.0

OTHER us LOANS 0.0

0,
0,
0,

.0 0.
.0 0.
.0 0.

£X-I,M BANK LOANS 0.0

ALL OTHER.............. 0.3

.0
,0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

2.3

0.1

0.0

14.2

IBRD

0.0

(5.0

0.0

IFC

0.0

O.D

0.0

IDA

0.0

8.2

103

0.0

A03

2.3

0.0

2.3

AFDB

0.0

UNDP

0.0

0.1

0.0

3.5

OTHcR-UN

D.O

0.0

0.2

EEC

0.0

1238

MOROCCO*

Morocco is governed by a monarchy v;hich has expressed its
determination to develop and strengthen parliamentary,
judicial, and governmental institutions. The King retains
wide-ranging authority both as temporal Head of State and as
spiritual leader of the country's Muslim community, which
comprises virtually the entire Moroccan population. The King
can intervene in any question and set policy if he so
desires. Policy on most questions, however, is formulated by
the Government, consistent with palace guidelines, and in many
cases requires the formal approval of Parliament.

The Moroccan political system is relatively open and active.
The institution of Parliament and the periodic turnover of
legislative power through elections are major strengths of the
political system. Eight political parties are represented in
Parliament, which was elected in September 1984. Within the
parameters of public discussion established by the
Constitution and the King, the Moroccan press offers a range
of viewpoints on foreign policy, the economy, and social
issues.

The security apparatus is composed of several overlapping
police and paramilitary organizations, operating within a
framework of legal provisions designed to protect public
order. All of the organizations are under the King's ultimate
control, though many are administered on a day-to-day basis by
the Interior Minister. In recent years, especially after the
riots of 1981-82 and 1984, Interior and Surete Nationale
officials have been reassigned to administrative posts outside
the Ministry of Interior, for example to the Ministry of
Religious Affairs.

Private investment and private property play a large role in
the economy, although a number of key industries are in
government hands. Morocco is a predominantly rural country,
with over 50 percent of the population resident outside urban
areas. The Government continues to place high priority on job
creation and continued development of the agricultural
sector. However, the country's tight financial situation and
pressures from its international creditors have forced cuts in
many development plans.

In 1986 there were no major outbreaks of political unrest such
as occurred in January 1984. Two major political trials were
held during the year. In January the courts convicted
15 leftists of belonging to an illegal organization,
disturbing public order, and distributing illegal tracts.
Seven were sentenced to 4-year terms, the others to 3-year
terms. In February 27 leftists were tried on a charge of
undermining national unity on the Sahara conflict; all were
found guilty and received sentences of 5-10 years.

There are continuing questions about harsh police methods, the
integrity of the legal process in political cases, and the
legal status and physical condition of political prisoners in
Moroccan jails. Although the Government asserts that all
prisoners in Moroccan prisons are common prisoners, certain
prisoners in categories considered to be "political" continue
to receive separate treatment. While some receive more
favorable treatment, there have been, as in previous years.

*A separate section on the Western Saharan is appended to this
report .

1239

MOROCCO*

reports of cruel treatment and torture of some political
detainees. There were numerous hunger strikes during the
year, and families of prisoners convicted in the January 1984
riots circulated a petition in opposition circles calling for
specific reforms.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

In 1986 there were no known instances of political killing.
None of the death sentences for Moroccans convicted of
involvement in Islamic fundamentalist activities in 1985 or
1984 were carried out.

b. Disappearance

Given the frequent Moroccan practice of holding pretrial
prisoners for long periods without notification of families or
attorneys, it is difficult to arrive at an exact number of
those who may have permanently — rather than temporarily —
disappeared. In a 1985 report, the New York-based Lawyers'
Committee for Human Rights indicated that up to 500 persons
may have disappeared over the last decade. Although that
number cannot be verified, persons in several categories
appear to have disappeared during that time. These include
military prisoners accused of involvement in the 1971 and 1972
coup attempts; those arrested near the war zone in the Western
Sahara; and other political activists, including a number of
students .

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There are frequent charges of prisoner abiise in Moroccan
prisons. The local press in 1986 charged torture or
maltreatment at numerous prisons throughout the country.
There were also reports in the local press of increased
attempts at suicide, in many cases as a response to poor
prison conditions. There were also repeated hunger strikes by
prisoners to protest poor prison conditions. In October
prisoners protested conditions at Rabat's El Alou prison and
the arrest and removal from the prison of an already convicted
prisoner. The protesters, including both political and common
prisoners, were tried on October 29 on a charge of disturbing
the public order. There are persistent charges and reports of
the systematic use of torture by security forces from both
foreign groups and sources within the country. Some observers
claim to have witnessed various forms of physical and
psychological torture by police to extract information or to
intimidate detainees, especially in the pretrial period.

In its 1986 Report, Amnesty International continued to express
concern about the conditions of detention of approximately 100
military prisoners arrested following the 1971 and 1972
attempts on King Hassan's life. It said it had received
reports that these individuals had been held in a secret
detention center since 1973 in "filthy, windowless cells, with
inadequate food and medical care," and that they were
"subjected to beatings and other harsh punishments." Amnesty
International indicated that it had received reports that
around 20 had died because of the conditions.

66-986 0-87-40

1240

MOROCCO*

d. Arbitrary Arrest, Detention, or Exile

The Constitution requires that a detainee be brought before a
judge within 48 hours of detention and informed of the charges
against him. The police can request a 48-hour extension of
that period. This practice is, however, widely abused, and
detainees are often held for up to several weeks or longer
before appearing before a judge. Most persons are arrested in
public view, but police sometimes refuse to identify
themselves, and warrants are not always used. Arrests are
frequently made only on the basis of suspicion. Moroccan law
requires that a lawyer be present after the initial
presentation of the detainee before the review court, but no
such requirement exists for the prior period of police
custody. Morocco does not have an extensive system of bail,
although defendants are sometimes released on their own
recognizance. Moroccan law does not have specific provision
for habeas corpus or its equivalent.

Under a separate code of military justice, military personnel
have been detained in past years without warrants or
announcement of a trial. No such incidents were substantiated
in 1986.

Most prisoners are allowed family visits once a week and on
religious holidays, and family members are permitted to bring
food to supplement the prison diet. However, prisoners
convicted of involvement in the 1971 and 1972 coup attempts
continue to be held without family visitation rights or the
right to respond to mail received. A number of Moroccan
detainees, including many considered informally to be
"political prisoners," are allowed to receive Moroccan
newspapers, have access to radio and television, and pursue
studies while in prison (though there have been complaints
that the latter privilege was in some cases denied during
1986) .

There have been allegations that prisoners have been held
incommunicado for extended periods. At the same time, family
or friends have learned, usually through their own efforts, of
the detainees' general location.

There were no known instances of political activists being
exiled by the Government. However, some activists prefer to
remain in voluntary exile, including a number of leading
Islamic fundamentalists (of 57 fundamentalists tried in 1985,
25 now live abroad) . In at least two instances in 1981 and
1984, leaders of the left-wing Union Nationale des Etudiants
Morocains (UNEM) were arrested after returning to Morocco for
a UNEM conference, but no such cases were reported in 1986.

While prisoners are regularly used on work crews, forced labor
is not used as a means of political coercion or other sanction.

e. Denial of Fair Public Trial

The Moroccan judicial system is generally considered fair and,
in most cases not involving challenges to royal authority or
state policy, is independent of political control. Cases are
brought before an initial review court, which can call for a
hearing. The detainee is informed of charges and questioned
by the judge to decide if they have merit. If not, or if the
infraction is minor, the judge can release the detainee or
impose a light sentence. If a lengthy investigation is
required, the judge can release detainees on their own

1241

MOROCCO*

recognizance. In cases involving serious crimes, courts
generally move quickly to bring cases to trial. If convicted
by the court of first instance, a defendant has the right to
appeal. The 1985 Lawyers' Committee report and some lawyers
charge that these criteria are not always met in political
cases. They claim that trial transgressions in such cases
include: no notification of charges, intimidation of defense
lawyers, and ignoring defense arguments. However, capable and
committed attorneys do accept the defense of detainees in
political cases and provide an active defense.

Although most cases are handled by civilian/secular courts
based in part on French legal tradition, Morocco has a
parallel judicial system using Islamic law principles to deal
with marriage, divorce, child custody, and inheritance for
Muslim Moroccans. Although Western legal norms are not
applicable in the Islamic courts, Koranic principles and the
limited kinds of cases heard reduce the possibility of abuse.
There were no specific charges of judicial corruption in 1986,
though general allegations of growing corruption in both the
judicial and criminal administrative branches continued to be
heard.

Although the Government has stated that there are no political
prisoners, most observers and Moroccan human rights groups
estimate that there remain approximately 100 prisoners held
for political activities dating as far back as the early
1970 's and sentenced to long terms up to life imprisonment.
In addition, there are approximately 125 Moroccans convicted
of Islamic fundamentalist activities, although some sources
insist that the number held could be as many as several
hundred. Human rights groups in Europe assert that nearly
1,600 persons were tried and sentenced following the riots in
January 1984. Many have been released after completing their
terms, but estimates of those still in prison range in the
hundreds. In early 1986, the Government released 15 to 20
long-term leftist prisoners, and in December it released four
more, including Mohamed Lamine Mechbal and three other former
members of the left-wing I la Al Amam. Another long-term
prisoner and leftist intellectual, Abraham Serfaty, was
permitted to be married in prison in December to a French
citizen. Permission for the marriage had been held up after
Serfaty published an article in the spring of 1985 which
graphically described Moroccan prison conditions.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

In general, the Government does not often interfere
arbitrarily in the private lives of its citizens. The
Constitution states that the home is inviolable and that no
search or investigation may occur without a judicial warrant.
This is not always observed in practice. It is widely
accepted that the Government selectively monitors certain
persons, including their telephones and mail. At times of
heightened agitation in the past, the authorities are alleged
to have searched homes and offices without warrants.

The Government does not generally interfere with the private
beliefs of the individual. There is no forced membership in
political organizations. The Government is sensitive to the
spread of fundamentalist religious beliefs and plays an active
role in administering the nation's mosques, but there are no
reported instances of interference with parents' teaching of
religious beliefs to their children.

1242

MOROCCO*
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech, including
freedom of the press, except for criticism of the monarchy and
Islam. King Hassan has made it clear that any challenge to
Morocco's claim to the Western Sahara is also off-limits as a
subject for public debate. There is lively discussion of
almost all other issues, including criticism of the
Government, administrative officials, and political and
socioeconomic problems. Several dailies actively report on
selected human rights issues.

There is a broad measure of academic freedom. Strictures
against scholarly investigation of the monarchy and Islam
exist, but there is in fact growing research and publishing on
Islam and Islamic fundamentalism.

The Arabic language daily Al Anbaa, as well as the Moroccan
press agency Maghreb Arab Press, are government owned. All
other newspapers and journals are privately owned, although
several are subsidized by the Government and reflect official
views to varying degrees. Others are controlled by political
parties or private groups. In 1986 the Government occasionally
intervened to delay publication of newspapers carrying material
which, it was feared, would inflame public opinion. Although
Moroccan newspapers have in the past been permanently or
temporarily closed, no newspaper has been permanently shut
down since 1983. In June, however, the director of the
far-left newspaper Anoual was detained and qijestioned for
2 days, while in October a reporter for the Communist Party
newspaper Al Bayane was detained for several hours by the
police. The French- and Arabic-language dailies of the
Communist Party of Progress and Socialism assert that they are
regularly subjected to prior censorship.

Publication of Al Bayane also was halted for several days in
October. Officials have frequently seized banned publications
entering the country from abroad through the mail.

Television and radio are government owned, and the views
expressed conform with the Government's. For a short period
in early 1986, French and Italian television broadcasts were
blocked. This was apparently a protectionist measure, i.e.,
an attempt to increase the audience for Moroccan television,
rather than a purposeful restriction on the right to receive
information. The blocking was terminated after some months,
however, and King Hassan publicly reaffirmed the right to
receive foreign television broadcasts.

b. Freedom of Peaceful Assembly and Association

There are constitutional guarantees of peaceful assembly and
association. Private associations are permitted, after
registering with the Government, and professional, business,
religious, and cultural associations are active. Groups seen
as threatening the political stability of the regime, such as
declared radical Islamic fundamentalist organizations, are
outlawed. Permits are recjuired for public meetings, but if
the reqiaesting group is a legally registered association,
permission is normally — though not always — granted. Following
talks between King Hassan and Israeli Prime Minister Shimon
Peres in July, the breaking of Morocco's union with Libya in
August, and the well-publicized arrest of four non-Moroccan

1243

MOROCCO*

terrorists in August, police in several cities conducted
numerous, often large-scale sweeps in public places. Crowds
outside mosques and other public buildings were searched and,
in some cases, taken to police stations for questioning. The
local press reported a limited number of student arrests in
September, a traditional time for campus activism, and arrests
of some labor and political organizers. The number and
intensity of police sweeps appeared to drop after mid-October.
Public security measures, however, remained more than usually
tight.

There are three major trade union federations; the Union
Marocaine du Travail (UMT); the Confederation Democratique du
Travail (CDT); and the Union Generale des Travailleurs
Marocains (UGTM) . Each has a democratically elected
leadership. The UMT is politically independent. The CDT is
affiliated with the Socialist Party, and the UGTM with the
nationalist Istiqlal Party. Of the total workforce of 7.5
million, about 1 million are unionized, mainly in the
industrial and commercial sectors. The Moroccan federations
are members of regional labor organizations and maintain
informal contacts with the international trade secretariats.
The UMT, CDT, and UGTM have all participated in annual
conferences of the International Labor Organization (ILO).«

Morocco's Constitution and laws fully recognize the right of
association in labor unions and provide protection to
workers. These guarantees, including the right to be
represented in the settlement of disputes and the right to
protection against interference, are widely observed in the
modern sector of the economy but are less well observed, and
sometimes totally ignored, in the informal and underground
economy. The right to strike is guaranteed by Article 14 of
the Constitution, but a detailed law defining this right has
never been drafted. Legislation governing settlement of labor
disputes was enacted in 1946, but the mandated procedures,
which are lengthy and complicated as well as in conflict with
later constitutional guarantees of the right to strike, are
customarily ignored as each dispute is handled on an ad hoc
basis by the Government. During strikes and work protests,
workers are sometimes arrested and prosecuted under criminal
law statutes that outlaw picketing and damage to employers'
property. Criminal law dating from the eve of World War II
also outlaws strikes in sectors deemed to affect national
security. This law is ill-defined and has been used in recent
years to stop teachers' strikes, among others.

There were a number of small-scale strikes during 1986 and a
major month-long strike involving several thousand miners at
the phosphate mine in Youssoufia. The latter was resolved in
the owners' favor after protracted negotiations involving the
provincial government. There were reports of police
intimidation by the local authorities, including the arrest of
a number of union activists. Moroccan trade unions complain
that workers are frequently dismissed or suspended for union
activity and that the legal system too rarely punishes
employers for arbitrary dismissals and lockouts. The UMT has
several complaints pending with the ILO on these and other
alleged infractions of the ILO Conventions on Freedom of
Association and Collective Bargaining. These cases are not
always resolved to the unions' satisfaction, and employers
sometimes do not heed ILO recommendations. Ministry of Labor
inspectors investigate complaints, and employers are subject
to fines — and in serious cases even imprisonment — for labor
law violations .

1244

MOROCCO*

The Constitution also guarantees the representation of workers
in Parliament. There are 10 seats reserved for trade union
organizations in the current 306-member Parliament. In the
1984 elections, the UMT elected 5 members, the CDT 3, and the
UGTM 2.

c. Freedom of Religion

The population is over 99 percent Muslim, and Islam is the
official religion. The King bears the title "Commander of the
Faithful" and is the religious as well as secular leader of
the Moroccan population.

The Constitution provides guarantees for freedom of worship,
but proselytizing is forbidden. Conversion to another faith
from Islam is not banned in the civil code but the Islamic
faith and engrained popular attitudes strongly discourage it.

There are two non-Islamic religions with organized communities
in Morocco: Judaism and Christianity. There are some 10,000
Jews, living mainly in Casablanca and several other major
cities. The Jewish community operates schools and social
institutions as well as a number of major synagogues.
Publications in Hebrew are permitted, and rabbis serving the
Jewish community are trained in Morocco. Moroccan Jews serve
in leading positions in the business community. The President
of the Administrative Chamber of the Supreme Court is Jewish,
as is one parliamentary deputy. In July 1986, King Hassan met
publicly with Israeli Prime Minister Shimon Peres at Ifrane,
in northern Morocco. In September he met with a delegation of
Jews of Moroccan origin, including a prominent Israeli
political figure, reaffirming his openness not only to the
Jewish community in Morocco but to those abroad as well.

There are also institutional links between the Moroccan
Government and the Roman Catholic Church. In a 1983 letter to
the Pope, Hassan pledged to guarantee the Catholic Church's
right to conduct both religious and charitable work, and that
pledge is adhered to in practice. The letter also formally
recognized the work of the Catholic clergy, who come
exclusively from abroad, to minister to some 100,000 foreign
residents with parishes in most cities. In 1985 the Pope
visited Morocco at the invitation of King Hassan, at which
time he met with Morocco's Islamic leaders and delivered an
address to 80,000 Muslim youths.

There were no incidents affecting the Protestant community in
1986. The Moroccan Protestant community is small, numbering
less than a hundred. There are also several thousand
expatriate Christians.

There were no substantiated arrests in the small Baha'i
community in 1986, although there were reports of
administrative harassment of community members. The Supreme
Court appeal of the 1985 convictions of nine Baha'is is still
pending. The nine are not in prison pending the outcome of
the appeals, however.

The King and other religious leaders continue to counsel
against radical religious beliefs. Interior Ministry
officials monitor what is taught in the mosques and report
deviations from Orthodox Islam. There were unconfirmed
reports of the detention of unorthodox imams following the
King's July meeting with Israeli Prime Minister Peres, as well
as reports of police roundups around mosques.

1245

MOROCCO*

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration and Repatriation

Freedom of movement is unrestricted throughout Morocco. As
the administering authority in the Western Sahara, the
Moroccan Government restricts movement in areas of the
territory which are militarily contested. There were no
reported cases of restrictions on foreign travel for political
reasons in 1986, although some persons who have been
imprisoned for political reasons in the past have had
difficulty obtaining a passport. For the ordinary citizen,
obtaining a passport often takes several months, though there
are no formal restrictions on emigration. A woman is obliged
to have the permission of her father, or, if she is married,
her husband, to obtain a passport. A divorced woman must
receive her father's permission for a passport. If she has
custody of children, she must have the father's permission for
the children's passports.

There are no known instances of the Government depriving any
citizen of Moroccan nationality. Moroccan law considers any
person who acquires Moroccan nationality to be a citizen for
life. There were no known instances of the Government
refusing reentry in 1986. Morocco specifically encourages
voluntary repatriation for Jewish community members who have
emigrated from Morocco. It also encourages the return of
Saharans who have opposed Morocco in the Western Sahara
conflict. Returning former Polisario members deemed to pose
no security threat have been reintegrated into Moroccan life.

Morocco adheres to the 1951 Convention on Refugee Status. It
currently has some 500 refugees, mainly from African countries
and Eastern Europe. Most of the Eastern European refugees
came to Morocco in the 1940 's and 1950 's. For a grant of
refugee status, the Government requires that the requester be
able to care for his needs. Although there were reports,
denied by Moroccan authorities, of Libyan expatriates being
forced to return to their country in 1984, there were no such
reports in 1985 or 1986.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

In practice, executive power is vested in the King and
exercised by a government designated by him. The King
generally gives some consideration to the proportional
strength of parties — as determined by elections — in naming the
Government .

Parliament participates in the formulation of overall policy,
including the review of the annual budget and other major
legislation. However, many measures of lesser importance are
promulgated as government decrees or occasionally by royal
proclamation. Several layers of directly or indirectly
elected officials — including members of Parliament, provincial
assemblies, and municipal councils — participate in formulating
decisions. The Government in 1986 emphasized its commitment
to the continued decentralization of power.

More than a dozen political parties, representing a spectrum
of political philosophies from far left to conservative,
competed in the municipal elections of 1983 and the 1984
parliamentary elections. Representatives of many parties were
elected, although some results were challenged. On April 17,
1986, partial elections (for 5 parliamentary and 92 municipal

1246

MOROCCO*

council seats) were held in a number of electoral districts.
Some of the seats had been vacated because the original 1983
or 1984 elections had been disallowed by court decision.

In Parliament there is frequently lively debate on many
subjects, and often split votes. In Parliament's 1986 autumn
session, one party broke the precedent of electing
parliamentary officers by consensus. While government
proposals in Parliament are rarely rejected outright, specific
measures are often modified. Political pressure on occasion
has persuaded the Government to delay or withdraw legislation.

The Government occasionally uses a direct referendum on major
questions affecting the Constitution and the state structure.
In 1984 the voters were asked to approve the Moroccan-Libyan
Treaty of Oujda, and the Government announced that 97 percent
of those casting ballots voted for the union. In 1986 King
Hassan abrogated the Treaty without recourse to a referendum.

Virtually all points of view are represented in Parliament.
Ethnic and tribal distinctions remain, fostered by the
country's mountainous terrain.

The Constitution provides that "men and women enjoy equal
political rights." Women occupy responsible government
positions, including at the ministerial staff level. Women's
role in political life remains restricted, however. No woman
holds a seat in the 306-member Parliament, although women have
run in parliamentary elections. Of 15,500 city council
members in Morocco, only 17 are women. Women serve on the
executive committees of several of the major political parties
and on the Saharan Consultative Council, a body created in
1981 to advise the King on Western Saharan issues.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights.

In recent years, Morocco has not refused any formal
international or nongovernmental investigation of human
rights, though the Government is sensitive to such
investigations and cooperation may be slow. In a March 1986
interview with the Paris journal le Nouvel Observateur, King
Hassan said he would accept a visit by Amnesty International
representatives and committed himself to provide them with all
facilities. He also received an appeal on a long-standing
human rights case from the wife of French President Mitterand.

There are two major human rights associations: the Moroccan
Association of Human Rights (AMDH) and the Moroccan League for
the Defense of Human Rights (LDDH). The LDDH is affiliated
with the Istiglal party (the major political party at the time
of independence), while the AMDH has less clearly defined
links with leftist political parties. Both were active
thoughout 1986, particularly regarding prisoners on hunger
strike and in calling for the release of political prisoners.
Some human rights groups are occasionally subject to police
surveillance and harassment. AMDH leaders are closely
monitored by the Government. In past years, several AMDH
leaders have been detained for human rights activism.

The Government closely follows international organizations'
interest in human rights issues involving the Western Sahara.
One external organization, the Paris-based Association for
Human Rights (ASDHOM) , is particularly active in reporting on

1247

MOROCCO*

Morocco. ASDHOM does not have active chapters in Morocco but
regularly informs the French press of Moroccan human rights
developments. In addition, in late 1985, the New York-based
Lawyers' Committee on Human Rights issued a 90-page report on
human rights in Morocco. There has been no indication that
the Government has responded.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

The Constitution reaffirms the legal equality of all
Moroccans. In the professions, women have made great progress
in law, medicine, and teaching. Progress in professional
fields has not always been matched in the society at large.
There are areas where traditional standards prevail,
especially in the area of private law. Divorce is permitted,
but a husband can repudiate his wife while she cannot
repudiate him. A man is permitted four wives according to
Islamic tradition, although multiple marriages are
increasingly rare. Segregation of the sexes is common,
especially in social settings. However, in rural areas and
among the urban poor, as well as increasingly among middle and
upper class families, women are employed outside the home and
contribute to family income.

The Government actively supports labor and family planning
projects designed to improve the condition of women and has
organized employment programs for them. However, religious
opposition and social resistance to such efforts remain strong.

Some Berber spokesmen claim that Moroccan institutions do not
reflect the Berber character of the population and that, as a
result, for example, of a lack of Berber- language schools, the
Berber identity is not sufficiently maintained. A popular
intellectual monthly review, largely dedicated to questionr of
Berber identity, was suspended in 1983 and has not
reappeared. However, Berbers continue to play a significant
role in national and local affairs. Some state-owned radio
stations broadcast several hours daily in the Berber language.

CONDITIONS OF LABOR

Morocco's basic legislation on working conditions dates from
the 1930 's and 1940 's and is fairly widely respected, at least
in the modern sector of the economy. These laws provide for a
maximum 48-hour workweek with a full 24-hour rest day; for a
specified annual paid holiday; and for minimum conditions for
the protection of the safety and health of workers, including
prohibition of night work for women and children. Children
may not be employed or apprenticed before age 12, and there
are special regulations governing employment of children
between the ages of 12 and 16. However, in the traditional
sector of the economy, children are often apprenticed earlier
than age 12, especially in areas where school enrollment is
not available. Safety and health conditions in many
enterprises are substandard. Labor inspectors are charged
with monitoring compliance with the law but cannot do so
effectively because of inadequate resources. Minimum wage
legislation exists and minimum wages are raised periodically
by the Government according to a two-tier system for
agricultural and industrial workers. The most recent raises
were in 1985.

1248

THE WESTERN SAHARA

Portions of the Western Sahara, now divided into four
provinces, are administered by Morocco. Morocco assumed
administration of the northern three provinces after the
withdrawal of Spanish forces in 1975, and it asserted control
over the southernmost portion in 1979 when Mauritania
renounced its claim to the area and ceased administering the
region over which its authority had been vested by the Madrid
Accords of 1975.

Since 1977, the northern provinces of Al Ayoun, Smara, and
Boujdour have participated in elections held throughout
Morocco. Communal elections were held in the southernmost
province of Oued ed Dahhab in May 1981. The four Saharan
provinces participated in 1983 elections and in all votes in
1984, including the referendum on the Moroccan-Libyan Treaty
of Union and direct and indirect elections to Parliament.
Participation in both the referendum and the direct elections
to Parliament tended to run higher in the Western Sahara than
in almost all other areas of Morocco.

Moroccan Saharan incumbents fill all 10 parliamentary seats
from the Western Sahara provinces, and Western Saharan-origin
politicians also fill seats from other provinces. The
governors of the Saharan provinces, appointed by the King, are
all native Saharans. In consultation with elected municipal
and provincial councils, the four governors administer their
provinces in the same manner as the provinces and prefectures
of Morocco proper are administered. Most village and civil
servants are also locally recruited Saharans. The governors'
primary responsibilities are to accelerate development and the
delivery of social services. Investment in the Western Sahara
remains tax-free, in large part to encourage greater
investment in the area, which has the effect of raising the
general standard of living. Crown Prince Sidi Mohamed visited
the Western Sahara on September 2-9, 1986, for a tour of the
area where sporadic fighting continues between Moroccan forces
and the Polisario, an organization which seeks independence
for the territory.

Ultimate sovereignty over the Western Saharan region remains a
subject of international dispute. At the June 1981 summit
meeting of the Organization of African Unity (OAU) in Nairobi,
Morocco proposed that a referendum be held to decide the
question. At a subsequent OAU meeting, specific measures seen
as leading to a peaceful settlement of the Saharan problem
were outlined by the member states. The OAU summit meeting in
1983 resolved that the referendum be held in December 1983 but
also called for direct negotiations between Morocco and the
Polisario, a request Morocco does not accept. The resulting
stalemate has prevented progress to resolve the Western
Saharan dispute in the OAU. Morocco walked out of the
November 1984 OAU summit after the Saharan Democratic Arab
Republic Delegation was seated. Morocco later called for the
U.N. to administer the referendum to determine the population's
wishes on independence or integration into Morocco. In
October 1985, King Hassan, in a message to the U.N. , also
announced a unilateral cease-fire by Moroccan forces in the
region. He pledged that Moroccan forces would only defend
themselves if fired upon. In 1986 U.N. Secretary General
Perez de Cuellar lent his good offices to an effort involving
"proximity talks" with Morocco and the Polisario, with a view
to arranging a referendum under U.N. auspices. Morocco has
accepted in principle the Secretary General's framework.
The Polisario and Algeria, which supports the Polisario, have
also accepted the U.N.'s good offices, but continue to call

1249

THE WESTERN SAHARA

for direct negotiations between Morocco and the Polisario.
Although the two sides agree on the principle of a referendum,
they remain far apart on the modalities.

The civilian population in the portion of the Western Sahara
under effective Moroccan control is subject to Moroccan
political institutions and laws. Officially it is subject to
the same human rights practices as other Moroccans in areas of
undisputed Moroccan sovereignty. There are, however, reports
that Saharans often have difficulties obtaining passports,
that their political views are more closely monitored than
those of residents of Morocco proper, and that police and
paramilitary authorities react especially harshly against
those suspected of supporting the Polisario. Moroccans
continue to allege Polisario human rights abuses, including
illegal detention, impressment into military service, and
general infringement of the civil liberties of the inhabitants
of the Western Sahara. There have been few opportunities to
evaluate the human rights practices of the Polisario in areas
outside the "berm," the Moroccan forces earthwork defense
line, and these allegations cannot be confirmed or denied.

1250

U.S. OVERSEAS "LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: MOROCCO

1984

1935

1986

I.ECON.
LO
GR
A. AID
LO
GR
(ScC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL. R
C.OTHE
LO
GR

ASSIST.
ANS

ANTS. . .

■TOTAL..,

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS

I-TOTAL

. I"g $-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.OEV 5 WFP.
ELIEF AGENCY.....

R e:on. assist...

ANS

ANTS

PEACE CORPS

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL. ED.TR'JG. ,
D.TRAN-EXCESS STOCK,
= . OTHER GRANTS ,

III. TOTAL SCON.
LOANS

GRANTS. . .

<i MIL.

83.7

105.7

38.9

45.0

73.0

12.5

33.7

32.7

26.4

33.3

36.8

0.0

18.0

12.5

26.4

20.3

24.3

7.0

15.0

16.5

54.8

65.1

0.0

45.3

55.0

0.0

9.8

10.1

0.0

45.0

55.0

0.0

45.0

55.0

0.0

3.0

0.0

9.8

10.1

0.0

0.2

1.3

0.0

9.5

3.8

0.0

2.5

2.3

2.1

0.0

2.5

2.3

2.1

2.5

2.3

2.1

0.0

70.4

49.5

35.9

38.8

8.0

1.0

31.6

41.5

34.9

30.0

40.0

33.5

38.8

8.0

1.0

1.6

1.5

1.4

0.0

0,0

0.0

154.1

155.2

74.8

83.8

81.0

13.5

70.3

74.2

61.3

OTHER US LOANS. ...
EX-IM BAN< LOANS,
ALL OTHER

5.4
5.4
0.3

0.0
0.0

3.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

312.9

352.2

551.1

3766.6

I3RD

265.8

207.6

538.0

3242.0

IFC

0.0

44.6

4.6

151.2

IDA

0.0

50.0

103

0.0

ADS

0.0

AFOB

10.7

44.1

0.0

81.6

UNDP

0.4

1.9

0.0

65.3

OTHER-UN

0.0

O'.O

0.0

22.0

EEC

36.0

54.0

8.5

154.5

1251

NEPAL

Nepal is the world's only Hindu Kingdom. Its Constitution
specifies that the King (chief of state) is the sole source of
authority for all government institutions. Although there are
traditional and constitutional restraints on the King's
powers, he effectively rules as well as reigns. Political
parties are formally banned and elections are contested on an
individual basis. Nevertheless, parties do exist and function
more or less openly.

The National Panchayat (legislature) consists of 112
representatives elected directly on the basis of universal
adult suffrage and 28 appointed by the King. Legislation
passed by the National Panchayat is sent to the King for his
approval, without which it cannot become law. The Supreme
Court can invalidate laws which it finds to be inconsistent
with the Constitution.

The National Panchayat selects the Prime Minister from its
ranks. In turn, he appoints the Council of Ministers
(cabinet). The Council, answerable to both the National
Panchayat and the King, manages day-to-day government
operations and advises the King. In 1983, for the first time,
the Prime Minister was changed by a vote of no confidence. In
1986 elections were held for a new 5-year term of the National
Panchayat, and in June a new Prime Minister was named
unopposed.

Nepal ranks among the world's poorest countries. Over
90 percent of its traditional and rural population is engaged
in subsistence agriculture. Nepal maintained a self-imposed
isolation until 1951; economic development and the broadening
of political participation have been government objectives
only since that time. Communications facilities are still
limited and the radio remains, for most Nepalese, the only
contact with the outside world.

Internal security is maintained in the first instance by the
national police and as necessary by the army. Owing to
Nepal's limited communications facilities, local officials
have a large degree of autonomy and exercise wide discretion
in dealing with law and order issues.

Compared to the situation in previous years, and particularly
to 1985 when large numbers of people were jailed without trial
in response to teachers' strikes, an opposition civil
disobedience campaign, and terrorist bombings, the human
rights situation in Nepal improved somewhat in 1986. The
elections for the national legislature were relatively
peaceful and fair, and the major concern was over the
Government's repressive actions against the private press.
However, the smaller number of arbitrary detentions in 1986
appeared to be due more to opposition restraint than to a
change in basic policy on the part of the Government.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no political killings reported. In September an
outspoken critic of the Government and the political
establishment, as well as of narcotics trafficking, was

1252

NEPAL

seriously wounded by a gunman in what appeared to be an
assassination attempt. The Government paid for part of his
medical treatment, announced arrests, and instituted an
investigation which is still continuing. There are various
possible motives for the shooting and the victim has been
unable to identify his assailant; it may therefore prove
impossible to determine who was responsible for the attack.

b. Disappearance

There were no allegations of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There are persistent reports, particularly from remote areas,
that police regularly use brutal methods to interrogate or
intimidate prisoners, both criminal and political. In a
special report on Nepal issued in May 1986, Amnesty
International expressed concern about reports of torture of
political and criminal detainees. Rarely has the Government
actively investigated allegations of police brutality or
acknowledged public concerns about its prevalence. Some
officials privately admit that they are unable to control
police excesses.

Places of detention reflect the low standard of livii.g in this
extremely poor country. Jail conditions vary according to the
crime committed and the person's status, but all prisoners
have access to medical attention and to the traditional
Nepalese diet. They are usually permitted visitors and goods
from the outside. Generally, political prisoners have fared
better than those convicted of criminal acts. Separate
facilities are maintained for women and for the criminally
insane .

d. Arbitrary Arrest, Detention, or Exile

The Public Security Act permits 6 months of preventive
detention before charges must be filed. There were
allegations that some prisoners were released and immediately
rearrested for another 6 months without charges being filed.
There were also reports that some people were held in prison
after completion of their sentences and, in some cases, in
defiance of Supreme Court orders.

For common crimes, a suspect must be brought before a court
within 24 hours and must be informed of the general grounds
for the arrest or be released. A 7-day extension may be
granted for the completion of the police investigation.
Strict adherence to these principles is not the norm.

Neither official exile nor forced labor is practiced in Nepal.

e. Denial of Fair Public Trial

The law provides for the right to a public trial in most cases
(some security and customs cases excepted) and this right is
usually honored. Except for those held in preventive
detention, the Constitution guarantees the right to counsel
and protection from double jeopardy and ex post facto
application of the law. These rights are not always respected.

There are separate military and civilian courts. Military
courts generally deal only with military personnel, but

1253

NEPAL

civilians may be tried in these courts for crimes involving
the military. Lower court judges are appointed by the
Government on the recommendation of the Judicial Service
Commission, and higher court judges are appointed by the King
on the recommendation of the Chief Justice of the Supreme
Court .

The judiciary is legally independent but generally not
assertive in challenging the executive. All lower court
decisions (including acquittals) are subject to appeal, and
the Supreme Court is the court of last appeal. The King may
grant pardons and set aside judgments.

The Government has acknowledged holding "political prisoners,"
but there is no agreement on the definition of the term, which
in opposition usage may include a range from student activists
to convicted murderers. During 1986 the Political Prisoners
Release Committee, composed of leftists and other opposition
figures, claimed that there were more than 250 political
prisoners in Nepal's jails.

In its special report on Nepal issued in May 1986, Amnesty
International expressed concern about laws passed in 1985
which expand secret trials.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Nepalese law and tradition bolster privacy of the home and
family, which the Government generally respects. Except for
those suspected of narcotics or security violations, search
warrants issued by Chief District Officers are required before
search and seizure. The correspondence of some foreigners and
domestic nonconformists is opened with little attempt at
concealment .

Section 2 Respect for Civil Liberties, Including

a. Freedom of Speech and Press

Under the Constitution, the freedom of speech and of the press
may not be exercised in support of a political party or "to
the detriment of the common good," the monarch, or members of
the royal family. In practice, this rule is widely interpreted
to permit criticism of the Government but not of the monarch or
of the royal family. Journals and newspapers which overstep
the established guidelines may be required to suspend
publication. In addition, journalists or editors may be
detained under the Public Security Act or even the Treason
Act. In 1986 the Government closed 20 papers for printing
objectionable material, and arrested 6 editors and 2 reporters
for material they had written. In October a member of the
Panchayat wrote a satirical poem critical of Nepal's system of
government which was published in a prominent newspaper. Both
the author and the editor were arrested and jailed for
violating the Press Act by publishing anticonstitutional and
objectionable material. Journalist groups have complained of
the uncertainty surrounding what may be found objectionable at
any given time.

The two dailies with the largest circulation are government
organs, but they carry some reports of opposition activities
and criticism of the Government, as well as extensive coverage
of the debates in the National Panchayat. A major complaint
of the independent newspapers is that government advertising

1254

NEPAL

(and most private advertising) goes only to the two
semiofficial papers. Nevertheless, the independent press
continues to be fairly vigorous and candid in its criticism of
government policies and motives.

Foreign publications are seized or banned when deemed to carry
articles unfavorable to the Government or the monarchy.
Several Indian newspapers were banned for varying periods
during 1986.

The single radio service in Nepal, and the sole television
station in Kathmandu (which began broadcasting in 1986), are
run by qiaasi-public boards and avoid controversial topics.

b. Freedom of Peaceful Assembly and Association

Regulations permit local authorities to prohibit meetings,
speeches, and posters if they are found not to be "for the
convenience or good of the general public." The law forbids
activities detrimental to the monarchy, to relations among the
people, or to national security. All political parties are
banned under the Panchayat system, although in practice
political party members are generally permitted to assemble
privately and to express their views in the independent press.

Regulations governing political activities are interpreted
differently by local authorities in different areas of the
country, and the decision whether to permit a political
meeting is made on an ad hoc basis. Student groups, including
those openly affiliated with the banned political parties, are
allowed to contest campus elections. However, they are
typically prevented from holding meetings or demonstrations off
campus, and a number of student leaders are usually in jail at
any given time.

The Government banned trade unions in 1960. The Nepal Labor
Organization (NLO) , a creation of the Government, is the only
organization officially permitted to perform trade union-like
functions. There are some independent worker's associations
which are repressed by the Government when they become too
active. Despite reports during 1986 of meetings between the
Education Minister and teacher representatives, the Government
continued to withhold recognition of the National Teachers
Association.

There is a legal right to strike, provided that the strike is
authorized by the NLO. In practice, the few strikes which are
held are illegal wildcat actions. The NLO has not called a
legal strike within the last 2 years. The NLO, however,
typically becomes involved in mediating between strikers and
employers after illegal strikes have begun.

c. Freedom of Religion

The vast majority of Nepalese are Hindus. Religious tolerance
is traditional, and the Constitution provides that "every
person, having regard to the traditions, may profess and
practice his own religion as handed down from ancient times."
However, the Constitution also provides that "no person shall
be entitled to convert another person from one religion to
another." The legal code provides a maximum penalty of 1 year
in prison for any Hindu who converts to another religion and 3
to 6 years in prison for any person who seeks to proselytize a
Hindu. In 1986, 9 new cases were registered in which 27
people were charged with conversion and 17 with proselytizing.

1255

NEPAL

In the past, there have been occasional allegations from some
members of Nepal's small Christian minority of harassment
which inhibited the free practice of their religion, even when
they were not engaged in proselytizing. This charge was
renewed in 1986 when a Catholic priest and two nuns, all
Indian nationals, and several Nepali Catholic laymen were
arrested at Sirsia and charged under the laws against
proselytization and conversion. They claimed that they were
only ministering to Catholics in the vicinity, and complained
of maltreatment during their arrest and transfer to the
district capital. A police officer involved in the incident
was later transferred, apparently as a disciplinary measure.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on travel within the country for
Nepalese citizens, although several border areas have been
restricted for travel by foreigners. Nepalese abroad are free
to return home. There are no known cases of revocation of
citizenship for political reasons.

Nepal has no stated refugee policy. In the past it has
accepted and assimilated approximately 12,000 Tibetan refugees
and, according to immigration officials, no refugee has ever
been forced to return to Tibet. Today, travelers from Tibet
travel freely in both directions across the border.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political legitimacy in Nepal flows from the King, not from
the people, since the Constitution is bestowed by the monarch
rather than adopted by the citizenry. Most Nepalese accept
and support a central role for the monarchy, either for
religious reasons (the King is regarded as a reincarnation of
the Hindu god Vishnu) or out of respect for tradition. Many
Nepalese also view the monarchy as the symbol of Nepalese
nationalism and a force that unifies a nation of disparate
ethnic and linguistic communities. At the same time, there is
substantial public support for the view that Nepal's future
political development should follow democratic lines.

The 1980 constitutional reforms restructured the nation's
formal political framework to make officials more answerable
to the voting public. Direct election by universal adult
suffrage was intended to make National Panchayat members more
sensitive to the need to be seen as representing the interests
of their constituents in relation to the Government. That
imperative was reinforced by the electorate in the 1986
election, when nearly two-thirds of the incumbents seeking
reelection to the National Panchayat were defeated. The
elections appear to have been generally free and fair, despite
some allegations of attempts at official manipulation.

The accountability of the Prime Minister to the National
Panchayat has made for lively debate of many issues. However,
the ban on political parties makes it difficult for public
opinion to be represented and mobilized systematically. In
the absence of political parties, the Palace still effectively
dominates the legislature.

1256

NEPAL

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

A British/American human rights group visited Nepal in early
1986 to look into reports of persecution of Christians.
Government officials met with the group and offered to
investigate specific allegations of abuse but staunchly
defended the laws against conversion and proselytizing.
Noting that the information received from Christian groups
omits the names of the alleged victims, the Government has not
proceeded with an investigation of the cases examined by the
British/American group, but the later incident at Sirsia was
investigated. The Government did not cooperate with an
inquiry by the International Labor Organization into complaints
of unfair treatment of the teachers organization.

There are several human rights organizations in Nepal which
work with Amnesty International and with regional human rights
groups. Human rights activists disseminate their views in
public meetings, newspapers, and pamphlets. There have been
no reports of attempts to suppress them. The Government has
expressed its concern about human rights violations in
Kampuchea, Afghanistan, and South Africa.

Amnesty International issued a special report on Nepal in May
1986, expressing concern about the continuing imprisonment of
persons without formal charge or trial, about reports of
torture of political and criminal detainees, and about laws
passed in 1985 which expand secret trials and extend the death
penalty. There has been no indication of any official or
unofficial response to the report by the Government. The
Government's normal practice is to ignore foreign references
to human rights in Nepal and avoid public statements on the
subject .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women in Nepal have the right to vote and to hold property in
their own name. Women's property rights have been enforced by
the courts when cases are brought to them, especially in the
Kathmandu area. However, women have yet to enjoy their rights
fully in many rural areas, where lack of knowledge or
understanding of the law is common and the weight of
traditional practice and attitudes is great.

As a Hindu nation which began the development and modernization
process barely 35 years ago, Nepalese society is suffused and
shaped by the traditional caste system. However, public
discrimination on the basis of caste, and particularly the
practice of untouchability , has been outlawed and is officially
discouraged. The spread of education is slowly reducing caste
distinctions and increasing opportunities for lower
socioeconomic groups. Politics, as reflected by national
election results, continues to be dominated by the traditional
higher castes (Brahmins, Chetris, Newars) but the
representation of other castes is increasing.

CONDITIONS OF LABOR

The industrial sector is small, accounting for little more than
1 percent of Nepal's gross domestic product. The Nepal
Factories and Factory Workers Act of 1959, as amended, sets
minimum wage rates and working conditions, including special

1257

NEPAL

rules for women and a minimum working age of 14 years.
Enforcement is spotty, however, and there have been reports of
child labor in match and cigarette factories.

1258

u.s.ovERseas

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: NEPAL

1984

1985

1986

:. ECON

A. AID

(SE

3. FOG

TITLE

?EPA

PAY.

TITLE

r.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS
RANT

c.su

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER £

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.) ..
R PEACE

3TAL

H l-LOANS....,
FOR. CURR....,

TOTAL ,

.EC.DEV J WFP,
EF AGENCY.. .. ,
CON. ASSIST..,

CE CORPS.
COTICS...
ER

II.MIL. ASSIST. -TOTAL...

LOANS

GRANTS

A. MAP GRANTS

S. CREDIT FINANCING....
:.INTL MIL.ED.TRNG. .. .
D.TRAN-eXCESS STOCK...
E. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS. . ..

MIL.. .

17.5

23.1

19.0

0.0

17.5

23.1

19.0

14.1

IB. 4

16.7

0.0

14.1

18.4

16.7

0.0

1.3

2.2

0.0

1.3

2.2

0.0

1.3

2.2

0.0

1.3

2.2

0.0

2.1

2.5

2.3

0.0

2.1

2.5

2.3

2.1

2.5

2.3

0.0

0.1

0.0

0.1

0.0

0.1

0.0

17.6

23.2

19.1

0.0

17.6

23.2

19.1

OTHER US LOANS. 0.0

0.0 0.0'

£X-IM BANIC LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM I N T ER N A T lO'J AL AGENCIES
1984 1985 1986

1946-86

TOTAL

220.3

154.7

102.8

1301.1

IBRD

3.0

0.0

IPC

3.0

0.0

12.3

IDA

148.3

92.6

34.5

647.8

ID3

0.0

AD3

56.0

60.7

63.3

520.1

AFD3

0.0

UNDP

2.5

1.4

0.0

89.7

OHER-UN

0.0

0'. 0

0.0

31.2

ee:

0.0

1259

OMAN

The Sultanate of Oman is an absolute monarchy without popularly
elected representative institutions. The reigning Sultan,
Qaboos bin Said Al Said, is the 14th ruler of the current
dynasty. The State Consultative Council, formed in 1981,
functions as an advisory body on economic and social
questions. Members are appointed by the Sultan who has
continued the House of Al Said's long tradition of firm
control over all questions affecting the Omani State.

National security remains a matter of continuing close
attention. In the early years of the rule of Sultan Qaboos,
the Government had to focus its concern on quelling an
insurrection in the southern province of Dhofar supported by
the People's Democratic Republic of Yemen. The insurrection
finally was defeated in 1975, but threats from South Yemen and
later from Iran forced Oman to continue to devote considerable
revenue to defense. As the nation on the south shore of the
Strait of Hormuz, Oman has become the focus of attention for
efforts to protect the flow of oil from the area, with
concomitant increased expenditure on military modernization.
Many key jobs in the Government, especially in the military
and internal security services, are occupied by outsiders,
including many British.

Almost totally undeveloped in 1970, Oman has used its modest
oil revenues to foster a remarkable degree of progress in the
social, economic, and administrative spheres, achieving a
significant improvement in the living standards of its people.
The economic and social benefits that have accrued from the
Government's efforts to modernize the country have won the
allegiance of the urban population of the capital area and the
provincial administrative centers. Sultan Qaboos has also
built on a trend, already visible during the reign of his
father, to bring notables of the tribal system of the interior
into the national administrative system.

There was one noteworthy development in 1986 in the area of
human rights in Oman. The Government banned, with a few
insignificant exceptions, the marriage of Omanis to foreigners.
The move was explained as an effort to stem the erosion of
Omani culture. While civil and political rights are not
formally codified, the Government is reasonably accessible to
the people through their tribal leaders and walis (governors) .
The internal security services are large, efficient, and
pervasive, but are not generally regarded as repressive, and
the integrity of the individual is generally respected.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings in Oman in 1986.

b. Disappearance

No cases of disappearance were reported in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Though Islamic law is administered throughout the country by

1260

OMAN

Islamic judges, the amputations prescribed by such law are
generally commuted by the Government to prison terms. Prison
conditions are considered severe by Western standards; cells
are not air-conditioned despite summer temperatures which can
reach over 115 degrees Fahrenheit, and all prisoners must
observe the fasting requirements during the Islamic month of
Ramadan. There were no reports of torture or other forms of
cruel punishment by Omani authorities.

d. Arbitrary Arrest, Detention, or Exile

Though Omani law does not provide for habeas corpus or its
equivalent, the period of detention before trial in criminal
cases is usually short. Abuses of the police power of arrest
have occurred, but the criminal code imposes penalties for
unjustified arrest or detention. Citizens have several
channels through which they can seek redress of any grievance
against law enforcement authorities, and these appear to
function well, particularly in rural areas. Membership in
certain unauthorized organizations is a criminal offense. The
Dhofar insurgency (1965-1975) led to the imprisonment of
members of the Popular Front for the Liberation of Oman
(PFLO). Although the PFLO remains a proscribed organization
and a few of its members may remain in custody, numbers of
former insurgents have benefited from an amnesty and returned
to Oman from the bordering areas of South Yemen. All Omanis
who were in exile under the previous Sultan were given the
opportunity to return, as many thousands have done since
1970. The grace period for those in self-imposed exile who
wish to return to Oman ended, however, on December 31, 1986.
Though police notification may sometimes be slow, incommunicado
detention is not practiced. There is no forced labor.

e. Denial of Fair Public Trial

Islamic law prescribes a fair and speedy trial before
experienced and impartial judges, and judicial practice in
Oman conforms largely to these prescriptions. In fact,
however, the majority of cases are settled by out-of-court
negotiations. There is no right under law to a jury, counsel,
or public trial, but members of the public attend trials and
hearings. The defendant is formally charged, either before a
magistrate of the police court in the capital area or a local
magistrate (gadi) in outlying areas. The defendant may call
and question witnesses. If convicted, he may appeal his case
to the chief magistrate of the police court system, and
ultimately to the Sultan in cases involving serious offenses.
The various judicial systems are technically subordinate to
the Sultan, but they operate independently in the vast
majority of cases.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

There were no reported instances in which the Government has
interfered arbitrarily or unreasonably with the private lives
of its citizens. However, warrants are not required to search
private residences or offices. Such searches, as well as
monitoring of telephones and private correspondence, are
confined to cases where the Government perceives a security
threat or criminal activity. There is no forced membership in
political organizations. Although there is no government
policy to discourage the use of other languages in speech or
print or in religious instruction in the home, the Government
has increasingly insisted that correspondence with it, and

1261

OMAN

public and legal documents, be in Arabic. In a new 1986 law,
marriages between Omanis and foreigners were forbidden. Those
already married to foreigners had to register within a
specified period or risk forfeiting their citizenship and that
of their offspring.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There are no guarantees in law which protect freedom of speech
or freedom of the press. Criticism of the Sultan in any form
or medium is prohibited by law. Criticism of individual
officials, agencies, and their programs is tolerated but is
not given media coverage. The Government controls all radio
and television broadcasting. Government control of all printed
matter, including newspapers and magazines, is specified in
the Press and Publication Law, issued in May 1984. The law
imposes strict controls on, and a mechanism for prior
censorship of, all information in printed form in both domestic
and imported publications. The Government owns two of the
three daily newspapers, one in Arabic and one in English.
Subsidies to the several privately owned weekly and biweekly
publications provide an effective incentive to self-censorship,
although there have been arrests and closure for offensive
articles. Thus, editorials and news coverage invariably
reflect government views. Publications arriving in Oman from
foreign countries are censored for politically or sexually
offensive material and are occasionally banned. The censor's
attention generally focuses on articles that directly attack
or embarrass the Omani Government. In 1986 the regional
correspondent of a respected economic journal was warned of
the consequences of critical coverage of Oman. Conversations
with Omanis are relatively candid on economic matters, but
political discussion is limited to foreign affairs.

b. Freedom of Peaceful Assembly and Association

Freedom of assembly is not guaranteed by law. Associations of
any kind must register with the Government, and those which
oppose the political system of the Sultanate are prohibited.
Labor unions and strikes are illegal, and there is no
collective bargaining. Although Oman's labor law specifically
prohibits the right to strike, it does mention the concept of
"collective grievance" and encourages conciliation of disputes
through the formation of joint consultative bodies of labor
and management. The organization of other professional groups
is embryonic.

c. Freedom of Religion

Oman is an Islamic state, and virtually all Omani citizens
adhere to one or another sect of Islam, the exception being
the small Hindu community made up of Omani citizens of Indian
origin. Ibadhi Muslims are in the overall majority and
include the ruling family. However, members of the minority
Sunni and Shi ' a Muslim communities are found in all walks of
life in both the public and private sector. Non-Muslim
foreigners, both Christian and Hindu, are allowed to worship
at designated locations on land donated by the Government.
Although there is no indigenous Jewish community or synagogue,
Jews are not barred from living and working in Oman; religion
is not a factor in gaining entry into Oman. Non-Muslims in
Oman are prohibited from proselytizing. Conversion to Islam
is encouraged and publicized.

1262

OMAN

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Omanis living abroad before 1970 have returned to Oman in
large numbers with official encouragement and without legal
obstacles. Several thousand ethnic Omani refugees from East
Africa, particularly Zanzibar, have been successfully
resettled. Many Omanis who had sought refuge in South Yemen
during the insurgency in Dhofar (1965-75) have returned to
Oman with official encouragement. Non-Omani refugees are not
permitted to remain in Oman. Those few that reach Oman are
generally returned to their homelands unless they can be
quickly resettled in a third country. Omanis may travel
abroad freely, although a woman must have authorization from
her husband or father to obtain a passport. Many Omanis work
abroad, particularly in the United Arab Emirates, where an
estimated 30,000 Omanis are currently employed. Many of these
people travel home to Oman on weekends. With the exception of
a few military areas, there are no restrictions on travel by
Omanis within their country. The Government's development of
transportation has greatly increased the ability to move
within the country to heretofore inaccessible areas.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Oman is a monarchy in which the Sultan retains the final word
in all government decisions. Succession to the monarchy is
determined through a consensus of the ruling family and
leading public figures. There are no political parties, legal
opposition groups, elections, or constitution. Citizens do
have access to senior officials through the traditional
practice of submitting petitions for the redress of grievances.
Successful redress depends on the effectiveness of personal
contact and the quality of the persons chosen as
intermediaries. Outside of Muscat, the Government still
reflects the tribal nature of Omani society. Traditional
elites dominate the tribal and town councils, which settle
intratribal disputes. Final authority, however, is with the
walls (governors), who are appointed by the Sultan.

In an effort to broaden participation in the Government, the
Sultan formed the State Consultative Council in 1981. It
consists of 55 members drawn from the Government, the business
community, and the outlying districts. It includes members of
every significant ethnic, geographic, and religious group. At
present, the Council's role is an advisory one, limited to the
social and economic spheres.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government of Oman declined to receive a proposed Amnesty
International mission in 1972 during the insurgency in
Dhofar. Since then, there have been no known requests by
international human rights organizations to visit Oman. There
are no independent organizations in the country to monitor
human rights violations. Though Oman usually plays a passive
role in the U.N. and other bodies on human rights issues, it
has criticized Israel's practices in the territories under its
occupation and the South African system of apartheid in U.N.
forums .

1263

OMAN

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Though conservative, Oman has not been extreme in the
interpretation of Islamic precepts on the status of women.
Women have shared in the benefits of the social and economic
growth of recent years, and schooling for girls is available
to the same extent as for boys in urban areas, less so in
rural areas. However, for cultural reasons, the level of
education which girls attain is still behind that of boys.
Many urban Omani women drive. A few women have reached high
positions in the public sector. By and large, however,
occupational advances available to women are limited to the
traditional spheres of teaching, secretarial work, and
nursing.

The gains achieved by a small minority of women are largely
irrelevant to the great majority, both in the towns and in the
rural areas, whose lives are carried out within the confines
of the house and the local marketplace. The previous lack of
adult education facilities means that all but the youngest
females in rural areas are illiterate. This general lack of
education, combined with communal and tribal customs which
dictate a subsidiary role for women, makes it difficult for
most adult women to participate fully in the modern sector.
The expansion of educational facilities for girls (including
the new university) will allow for some equalization of the
position of women in the future, but the communal and tribal
customs will continue to militate against full participation
by women for the foreseeable future.

CONDITIONS OF LABOR

Since the early days of the reigning Sultan's rule, Oman has
had a comprehensive labor law defining conditions of employment
for both Omani and foreign workers, who constitute a large
percentage of the work force. The labor law reportedly is
fairly enforced, and workers' grievances, which are handled
within the Ministry of Labor and Social Affairs, are generally
given the benefit of the doubt in hearings conducted by labor
inspectors .

Oman's labor law states that the Government can determine the
minimum wage and make adjustments according to economic
circumstances. In practice the minimum wage in Oman has
covered only unskilled Omani workers and is currently set at
75 Omani riyals (approximately $195) per month. Unskilled
foreign workers are not covered by these provisions, but in
many cases the respective embassies set suggested minimum
wages .

Employment of children (those under 13) is prohibited. Omani
law regulates the employment of juveniles, defined as those
between the ages of 13 and 16, prohibiting evening and
nighttime work, strenuous occupations, and overtime and
holiday work. A special section deals with employment
conditions for women, prohibiting evening and nighttime work,
safeguarding health and morals, and setting out their rights
to maternity leave.

Omani labor law is very specific on matters of occupational
safety and access to medical treatment. Likewise, the
workweek is set at 48 hours (36 hours for Muslims during
Ramadan), and various categories of leave are set forth.

1264

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: OMAN

193 4

1985

1986

I.ECON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TITLE
REPAY
PAY.
TITLE
E.REL
VOL.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS ,

I-T3TAL

. I>J $-LOANS

IN FOR. CURR.....

II-TOTAL

lEF.EC.DEV J WFP,

ELIEF AGENCY

R ECON. ASSIST..,

ANS

ANTS

peA:E CORPS

NARCOTICS

OTHER

II.l^IL. ASSIST. -TOTAL. . .

LOANS

GRANTS

A. MAP GRANTS

B. CREDIT FINANCING....
C.INTL MIL.ED.TRNG. .. .
O.TRAN-cXCESS STOCK...
£. OTHER GRANTS

III. TOTAL ECON.

LOANS

GRANTS....

MIL...

15.0

20.0

19.6

10.0

15.0

14.6

5.0

15.0

20.0

19.6

10.0

15.0

14.6

5.0

15.3

23.0

19.6

0.0

3.0

0.0

40.1

40.2

9.1

40.0

9.1

0.1

0.2

0.0

40. D

40.0

9.1

0.1

3.2

0.0

55.1

60.2

28.7

50.0

55.0

23.7

5.1

5.2

5.0

OTHER US LOANS 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

15.0

23.4

30.0

138.3

IB^D

15.0

23.0

30.0

130.0

IFC

3.0

0.0

2.0

IDA

0.0

ID3

0.0

AD3

3.0

0.0

AFOB

3.0

0.0

, 0.0

0.0

UNDP

0.0

0.1

0.0

5.5

OTHER-UN

0.0

0.3'

0.0

0.8

ee:

3.0

0.0

1265

PAKISTAN

Democracy and respect for human rights advanced significantly
in Pakistan in 1986. Martial law courts were abolished,
martial law lifted, the 1973 Constitution and fundamental
rights restored. Parliament's independence asserted, and
political life and political parties revived. Although the
judiciary is prohibited from reviewing decisions of the
martial law period, the Government agreed to consider
legislation that would allow persons alleging abuse of their
rights during the martial law era to seek redress. There was
a revival of vigorous political activity, including a
parliamentary opposition group, as well as parties which
boycotted the 1985 elections. Pakistan's sociopolitical
cohesion is fragile, however, and Prime Minister Mohammad Khan
Junejo and the Chief Ministers of Pakistan's provincial
governments implemented a tough crackdown in August 1986,
alleging that opposition activities commemorating Independence
Day threatened law and order. Members of religious
minorities, particularly Ahmadis, continue to face
discrimination and are the occasional targets of mob
violence. Women have reserved positions in political life,
but both social and legal constraints continue to inhibit full
equality with men.

Pakistan ended 7 years of martial law and a 20-year-old state
of emergency on December 30, 1985. During 1986, the nation
was administered by a civilian parliamentary government,
although President Zia Ul-Haq retains substantial powers. The
Government is headed by Prime Minister Junejo and a cabinet of
National Assembly members and Senators, who won nonparty
elections (in which candidates ran for office as individuals
and were not identified by party affiliation on the ballot) in
February 1985. In the provinces, parallel parliamentary
assemblies, also elected in 1985, were in place. Although
most opposition political leaders called for a boycott of the
elections, outside observers considered that the elections
were clean, with voter participation generally exceeding 55
percent .

Legislation passed in December 1985 authorized Junejo to
revive the Pakistan Muslim League (PML) under his own
leadership in February 1986. Progovernment PML groups quickly
formed in the National Assembly and in provincial assemblies,
giving the PML comfortable majorities in all houses.
President Zia ul-Haq, who came to power in a 1977 coup, won a
5-year term as President in a controversial referendum held in
December 1984. In addition to the powers of the presidency,
Zia retains the position of Chief of Army Staff and wields
substantial residual powers under the Constitution.

The extrapar liamentary opposition, especially the coalition
known as the Movement for the Restoration of Democracy (MRD) ,
which boycotted the 1985 elections, continues to challenge the
legality of the present Government. State security agencies
closely monitor opposition activities, but interfere only when
ordered to do so by the Government, and then only in situations
where violence is expected or has occurred.

During the 1970 's, the government of Zulfikar Ali Bhutto
vigorously expanded the state sector of the economy. General
Zia has been more supportive of private business activities
and has encouraged economic growth. Private entrepreneurship
is now flourishing in the small industrial sector. Pakistan
continues to make impressive economic gains, even though
long-term growth is limited by a poor educational system.

1266

PAKISTAN

widespread and growing illiteracy, limited resources, and a
continuing bias, among officials, against an expanded private
sector .

The Soviet invasion of Afghanistan continues to have a major
impact on Pakistan. Pakistan provides refuge to nearly 3
million Afghans and is the target of an intense campaign of
Soviet-inspired disinformation, sabotage, and subversion. In
1986 dozens died in explosions throughout the Northwest
Frontier Province — most believed to be the work of agents of
the Kabul regime. Soviet and Afghan government forces have
frequently shelled and bombed Pakistan border areas, killing
more than 100 people through midyear.

Against the backdrop of a long history of human rights abuses,
under both civilian and military rule, the last 2 years have
shown major improvement. In 1985 the first parliamentary
elections in more than a decade were held, although opposition
parties disputed their legitimacy, and on December 30 martial
law was lifted. Political debate was more open than at any
time in the last 15 years. Many observers claimed that for
the first time since the 1950 's, political gatherings and
activities were freely held. However, exceptions were made if
the Government believed an event had the potential to become
violent .

Upon coming to office in March 1985, Prime Minister Junejo
vowed that he would not stop opposition Pakistan People's
Party (PPP) leader Benazir Bhutto, or other opponents, from
peacefully challenging his rule. Bhutto was allowed to return
to Pakistan in April 1986, and Junejo kept his pledge as she
toured Pakistan to address large rallies and to demand early
elections. However, when leaders of Junejo 's Muslim League
and the opposition alliance MRD announced plans for rival
Independence Day rallies in Lahore in August, Junejo cancelled
the PML rally and asked the MRD--of which Bhutto's PPP is the
largest component — to postpone its own. He cited concern for
public safety and the sanctity of Independence Day as the
reasons for his action. The MRD claimed that the Prime
Minister's action arose from the Government's realization of
how little support it had and refused to reschedule its
rally. Provincial authorities then banned the planned
gatherings; when the MRD defied the ban, violence ensued in
Lahore, Karachi, and much of rural Sind, resulting in at least
37 deaths and continuing sporadically in the southern part of
the country for several weeks. The Government detained
Benazir Bhutto, other MRD leaders, and several thousand
supporters, most of whom were released within 30 days.

There have also been temporary bans on large gatherings after
outbreaks of sectarian and ethnic violence. In December the
Government banned public gatherings and imposed curfews after
vicious ethnic fighting broke out between Pathans and Mohajirs
(Muslim emigrants from India and their descendants) in Karachi
and Hyderabad. Rioting erupted after law enforcement officials
targeted arms and narcotics smuggling rings in Pathan areas of
Karachi for a cleanup campaign. In the Government's effort to
restore law and order, thousands of troops were deployed and
given "shoot on sight" orders for curfew breakers. During the
conflict, more than 900 people were arrested, and approximately
180 were killed.

1267

PAKISTAN

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There was no evidence of government or government-instigated
political killings. However, according to government figures,
some 37 people — including 10 law enforcement officers — died
during the August violence between government forces and MRD
and other political elements. The Government asserts that all
those civilians killed by security forces were committing acts
of violence or subversion, e.g., attacking police or railroad
stations; the MRD charges, however, that many of those killed
were victims of unwarranted use of force by the Government.

b. Disappearance

There were no reports of government-instigated
disappearances. Kidnapings by highwaymen, usually for ransom,
increased, particularly in rural Sind and in semiautonomous
tribal areas.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There was no evidence that political detainees were tortured
in 1985, although there were reports that some persons who
resisted arrest were "abused" by the police. A few MRD
supporters were forced to march naked through the streets
following violence in Lahore on Independence Day. Reportedly,
some detainees were held in fetters--a practice usually
reserved for capital offenders.

Physical abuse of those charged with ordinary crimes is
common. As in other South Asian countries, police in Pakistan
are ill-trained, poorly paid, and rarely held accountable--
factors which encourage both corruption and abuse of authority.
Police and jailers use "third degree" methods, and frequently
employ the threat of abuse to extort money from prisoners and
their families. The local press regularly reports the deaths
of prisoners while in police custody. While the Government
responds to highly publicized allegations of mistreatment, it
has failed to institute systematic reforms.

The prisons are overcrowded, reflecting Pakistan's lack of
resources and the low priority given prison reform. The
Karachi Central Jail, built to house 930 persons, currently
holds 3,000 prisoners under "normal" conditions. In the Dadu
District Jail, prisoners sleep in shifts because there is not
enough room for all to lie down at the same time.

Three classes of prison facilities exist. Class "C" cells,
which generally hold common criminals, suspected terrorists,
and low-level political workers, usually have dirt floors, no
furnishings, and poor quality food. The use of handcuffs and
fetters is common in "C" cells. Prisoners in these cells
reportedly suffer the most abuse, such as beatings and being
forced to kneel for long periods. Political detainees and
foreign prisoners usually are held in class "B" cells, which
provide better treatment, less crowded conditions, and better
food. Only prominent persons receive class "A" accommodations,
which can include air conditioning and private servants.
Pakistan human rights activists and opposition politicians

1268

PAKISTAN

acknowledge that treatment of political prisoners generally
has improved since the lifting of martial law.

There have been cases reported of sane persons being committed
to mental institutions through inadequate judicial oversight.
These cases reflect inefficiency rather than a government
program to use psychiatric institutions as a form of
punishment .

The Government's 1979 Hadood Ordinances prescribe traditional
Islamic punishments for theft, adultery, and consumption of
alcohol and drugs. Penalties include flogging, stoning, and
amputation. But before a court may order stoning or
amputation, strict rules of evidence must be satisfied;
stoning or amputation sentences by lower courts have not been
upheld on review, and none was carried out in 1986. In the
one reported 1986 case in which a lower court sentenced a
person to death by stoning for adultery, the Federal Shariat
Court overturned the penalty because the accused had retracted
her confession. In 1986 there were occasional floggings of
persons convicted of sexual assault, adultery, drinking
alcohol, possession of narcotics, and robbery.

In February 1986, the Punjab authorities closed the notorious
"subjail" of the Lahore Fort, where torture and other such
forms of interrogation allegedly had been used to get
confessions from suspected criminals and political opponents.
The jail's closure was viewed as an important symbolic gesture
toward ending abuses of the martial law and previous eras.

d. Arbitrary Arrest, Detention, or Exile

Pakistan law permits detention under court order for 30 days
of persons suspected of threatening public order and safety.
Such court orders are renewable for 30 days at a time, up to a
total of 90 days, if the Government can demonstrate to the
court that the detainee does in fact threaten public safety.
Pakistan governments have frequently resorted to this privision
to forestall perceived opposition threats by taking political
leaders out of circulation.

In August the Government detained PPP leader Benazir Bhutto,
many of the leaders of the other MRD parties, and several
thousand supporters. The arrests and detentions followed no
standard pattern. Some persons were served properly executed
detention orders, while others were arrested on what appeared
to be blank orders or were not served until several days after
being taken into custody. All opposition leaders and most
followers arrested in August were released within a month of
their arrest. As in the past, senior politicians were often
placed under house arrest. Some were released after the courts
had ruled their detention invalid, and others on the initiative
of the administration. PPP/MRD officials say that at the end
of 1986 about 100 activists remained in jail. All appear to be
persons charged with criminal offenses who are unable to afford
bail — bail being permissible under civil law.

The provincial government in Sind exercised preventive
detention provisions in the civil code in connection with a
campaign to deal with the activities of "dacoit" gangs (armed
bandit groups). According to some reports, as many as 400
persons were detained on suspicion of harboring or otherwise
encouraging "dacoity." In Punjab the provincial government
also briefly detained religious leaders and workers it
suspected of attempting to incite sectarian hatred after

1269

PAKISTAN

Sunni-Shia sectarian violence erupted in various parts of the
province in September.

In November in reaction to severe rioting in Karachi and
Hyderabad between the Pathan and Mohajir (refugee) communities,
Sind authorities detained the leader of a Mohajir party whom
they charge instigated the violence. The Sind government also
arrested the leaders of the Sind Baluch Pushtoon Front, a party
that advocates replacing Pakistan's Constitution with a
confederal structure. They were accused of subverting the
Constitution by disrupting the territorial integrity of
Pakistan, the unity of the people, and the peace, particularly
in Sind province. There have not yet been any prosecutions.

Former detainees claim that prisoners under preventive
detention frequently have been held incommunicado. There is
no evidence that the Government uses forced labor.

During 1986 two prominent Sindhi political leaders and a
Karachi University professor, detained without being charged
during the martial law era, were released after the civilian
judiciary, which previously had been barred from reviewing
their detention, found insufficient evidence to hold them.

e. Denial of Fair Public Trial

Martial law courts were abolished with the lifting of martial
law on December 30, 1985. During the martial law era, several
independent-minded judges were forced out of office. But
since the lifting of martial law no clear-cut cases of
official pressure on the judiciary have been reported. The
pace of justice, however, is slow due to the limited number of
judicial benches, the heavy backlog of cases, and outdated
court procedures .

The civil judicial system provides for an open trial,
cross-examination, representation by an attorney — with court
appointment of an attorney for indigents in capital cases —
and appeal of sentences. Judges at the trial level are drawn
from the judicial services, and all judges can be removed for
malfeasance by the executive. The Appellate Courts are
staffed with judges from the provincial higher courts, and
there have been efforts to improve the procedures and the
availability of High Court benches in the provinces.

The special Shariat (Islamic) Courts operate similarly to
ordinary civilian courts. They try offenses under the Hadood
Ordinances, which apply only in certain areas of law. Cases
referred to the Shariat Courts are heard by judges from the
civilian court system who usually employ ordinary criminal
procedures, but both judges and attorneys must be familiar
with Islamic law. Defendants in the Shariat Courts are
entitled to bail and lawyers of their choice.

In 1986 death sentences were handed down against four Ahmadi
defendants convicted in 1985 in two controversial murder
cases. As was the practice in many martial law court trials,
rules of evidence and procedure were irregularly applied, and
the defense was severely circumscribed. Lawyers for those
convicted assert that in the Sukkur bombing case the conviction
of the two defendants sentenced to death was invalid because
their link to the deaths of the victims was not established.
In the Sahiwal case, the defense lawyers aver that one
defendant acted in self-defense against a mob, while the other
was not present at the scene. Citing serious procedural

1270

PAKISTAN

defects in the trials, lawyers in the two cases have appealed
to President Zia, who is reviewing the cases.

Prior to the lifting of martial law in 1985, the martial law
courts hastily tried large numbers of cases in an effort to
clear their dockets, and the Parliament passed a constitutional
amendment which withdrew from the civilian judiciary the right
to review the actions of martial law authorities and courts.
Attorneys for persons sentenced by martial law courts have
challenged this amendment, arguing that it conflicts with
other constitutional guarantees of fundamental rights. The
Supreme Court has not made a final ruling, but lower courts
have decided that this amendment denies them jurisdiction.

In October the Justice Minister announced that the Cabinet had
under consideration legislation that would permit martial law
sentences to be appealed. He did not elaborate the provisions
of the prospective legislation, but noted that it would be
presented in the National Assembly after approval by the
Cabinet .

The Federal Government has announced that no political
prisoners are oeing held in the country, i.e., no prisoners
are being heid who have not been charged with criminal
offenses. In September the Political Prisoners Relief and
Release Committee (PPRRC) stated that there were 197 political
prisoners in Pakistan, down from 237 at the beginning of the
year. The difference between these two positions turns on the
definition of what constitutes a political prisoner. The
PPRRC, a human rights group affiliated with the opposition
MRD, citing Pakistan law, defines a political prisoner as one
who commits an illegal act — but not an act defined as
terrorism — for a political motive. All the prisoners listed
by the PPRRC were arrested and convicted during the martial
law period.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Decisions about occupation, education, place of residence, and
family size are made without official interference. Although
police must obtain a warrant before entering a private home,
authorities frequently ignore such legal requirements in
dealing with political opponents and suspected bandits,
particularly in parts of Sind, where the Government in 1986
engaged in several major antibandit campaigns.

The Pakistan People's Party (PPP) has charged that security
forces in Sind destroyed houses during the MRD agitation in
August. The PPP asserts it has made a video tape which
depicts the destruction in one such village. However, an
independent human rights organization, which inspected the
same village in October, interviewed villagers, and made its
own video tape, concluded that the PPP allegations were
fabricated .

Pakistan traditionally has maintained a domestic intelligence
service to monitor political activists, suspected terrorists,
and foreign intelligence agents. Informed sources maintain
that wiretapping is used against opposition politicians and
that their mail is occasionally intercepted and opened. On
some occasions, political opponents of the Government are
questioned about their meetings with foreign diplomats.

1271

PAKISTAN

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Government owns and operates the radio and television
stations and strictly controls the news they carry. A
government -owned press trust controls four of the larger
newspapers and one of the two national wire services. All are
circximspect in their coverage of the news but the
government-owned newspapers now cover the opposition. The
other newspapers and magazines are privately owned.

Continuing a trend begun in 1985, there is relatively free
discussion of government policies and criticism of the
Government, especially in the privately owned papers. In
addition to more or less unfettered reporting of statements
made by legislators, the private press extensively covers
remarks critical of the Government made by opposition
politicians. For instance, independent newspapers and
magazines criticized a presidential order blocking a challenge
by the parliamentary opposition to the Prime Minister's right
to sit in Parliament. They also took issue with Prime Minister
Junejo's actions before and during the August controversy,
arising out of the Government's efforts to prevent the MRD
parties from holding Independence Day rallies.

In 1986 the National Assembly passed legislation repealing a
portion of the Penal Code dealing with defamation. The
section forbade the publishers of "books, newspapers, and
newssheets" to print any information which might harm the
reputation of any person, even if that information were true.

A restrictive "press and publication ordinance," originally
promulgated in 1963, is still in force, but the Junejo
Government is committed to its repeal. Under the ordinance,
official permission for establishing and operating a printing
business may be denied or withdrawn if the authorities conclude
that the publisher is likely to prejudice the glory of Islam,
national integrity and security, friendly relations with
foreign countries, public order, decency, or morality. The
ordinance is so broad that the Government could stop
publication of almost anything it deemed objectionable; it was
most frequently applied in 1986 against radical sectarian
weeklies charged with promoting religious hatred.

Newspapers are cautious about questioning the actions of
President Zia and, to a lesser extent, prominent religious
leaders. Also, a long-ingrained caution compels them to tread
lightly in reporting on national security issues, including
the budget or the actions of the military.

Academic freedom is not explicitly denied, but the authorities
have immense powers, in view of the preponderance of state-run
institutions of learning, to circumscribe the actions of those
regarded as troublesome. In 1986 a professor at one university
was removed for writing a paper alleged to be blasphemous, and
other faculty members have resigned because of religious
pressure.

Another serious threat to academic freedom is the atmosphere
of violence and intolerance among the student body. At most
large universities, well-armed groups of students — spanning
the political spectrum from the Islamic right through various
ethnic persuasions to the radical left — clash frequently and

66-986 0-87-41

1272

PAKISTAN

are successful in intimidating other students and instructors
on matters of language, syllabus, doctrine, and dress.

Even though student unions are officially banned, student
organizations are not. University authorities are powerless
or hesitant to crack down, and educational institutions have
been frequently closed because of student violence.

Literary and creative works remained generally free of
censorship in 1986, but authors and publishers tend to avoid
controversial political themes. Obscene literature is subject
to seizure, and government authorities frequently ban or
confiscate indigenous books and magazines dealing with
sensitive political topics, e.g., provincial separatism.
Foreign publications critical of the Government occasionally
are seized, and some have been banned. No effort was made by
the Government in 1986 to restrict foreign journalists' access,
including those who followed Benazir Bhutto's travels across
Pakistan, or to jam foreign radio or television broadcasts.

b. Freedom of Peaceful Assembly and Association

Government authorities generally respected the right of
peaceful assembly in 1986. Political leaders of all stripes
were usually able to travel freely and address large rallies,
often emphasizing ant igovernment themes. However, there were
exceptions to this policy in connection with the holding of
meetings which the Government believed might result in
violence .

The labor movement is reawakening after the period of martial
law, and unions covering the entire political spectrum have
been permitted to exist; most union federations hold moderate
views, and thus far labor unrest has been scant. Under laws
going back to the premartial law period of the early 1970 s,
workers in individual factories remain legally free to form
labor unions, negotiate wage and working conditions in most
areas of the economy, and elect collective bargaining agents--
although the law precludes industry-wide bargaining. Most
unions are small, and labor organizers assert that Pakistan
labor law encourages the fragmentation of organized labor.
Only about 7 percent of the labor force is unionized; most
Pakistanis work in small, nonunion shops or in agriculture.

Under Pakistan's labor law, nonunion workers can be signed to
short-term contracts. Many labor law welfare provisions
covering social security, retirement, and benefits do not
apply to such employees. Pakistan unions complain that the
widespread use of contract employees circumvents freedom of
association by allowing employers to fire unionized labor in
favor of easily intimidated nonunionized "contract employees."
The issue has been referred to the International Labor
Organization (ILO), and the Government is cooperating with the
ILO investigation. Prime Minister Junejo's Pakistan Muslim
League has pledged to amend labor laws to end or restrain the
practice, but no legislation has yet been introduced.

The right to strike was restored with the end of martial law.
In 1986 there were occasional strikes, and little evidence of
government interference with them. By law, a strike cannot be
called until a labor dispute is submitted to arbitration, then
to the labor court, and an "intent to strike" notice filed
with the Labor Ministry. Labor leaders claim these
requirements infringe upon the right to strike, but there is
little indication that unions initiating strikes without

1273

PAKISTAN

following this procedure have been treated harshly.
Government employees and laborers in designated essential
services are forbidden to organize and to strike.
Theoretically, the act covers all employees in utilities,
hospitals, f iref ighting, sanitation, and the police. In 1983
it was extended to cover Pakistan International Airways (PIA),
the nationalized airline, which has had a strong history of
militant and highly political, antigovernment unionism.

No mediation or arbitration procedure exists to cover workers
excluded from unionization under the Essential Services Act.
The Government proposes to remedy this by amending the act to
empower the head of the National Industrial Relations Board to
arbitrate disputes. In 1986 provincial government clerks, who
are covered by the Act, engaged in a wildcat strike which
resulted in government recognition of some striker demands.
There was no retaliation against the strike leaders.

Some unions in Pakistan historically have had strong links to
political parties; the independence movement spawned parallel
labor structures which successive political parties have sought
to adopt or maintain. The PPP has a Labour Bureau and has
expressed its intent to form a Peoples Labour Federation. The
right-wing National Labour Federation is associated with the
rightist/fundamentalist Islamic Jamaat-e-Islami .

Pakistan's moderate labor federations are permitted to
associate with the ILO, the International Confederation of
Free Trade Unions, and counterparts in other countries.
Extreme left-wing unions generally have had their contacts
with outside bodies curtailed. In the past they have been
prevented from associating with the World Federation of Trade
Unions (WFTU) and their leaders have had their foreign travel
restricted. In 1986, however, a Pakistan labor delegation was
able to attend a WFTU function in East Berlin.

c. Freedom of Religion

Pakistan is an Islamic Republic. Its 1973 Constitution
reguires all law to be consistent with "Islamic ideology."
Under the Constitution, the president and prime minister must
be Muslims. However, minority religious groups — Ahmadis,
Hindus, Christians, and Parsis (Zoroastrians ) — have held high
office and are active in the political and social life of the
country. They do not vote in Muslim constituencies, but rather
must seek office and cast their ballots in at-large
constituencies reserved for them in the National and Provincial
Assemblies. (Ahmadis, disputing their minority status and
claiming to be Muslims, have refused to exercise these
options.) Each community is governed by its own codes in
family and property matters, and members of minority groups
may join any political party.

Generally, minorities can practice their own religion openly,
maintain links with their coreligionists in other countries,
and travel for religious purposes. Foreign clergy may enter
the country to serve congregations. Conversions are permitted,

but the Government prohibits proselytizing among Muslims and
has refused to renew the residence permits of some foreign
missionaries who have ignored this ban. In October Parliament
passed legislation making blaspheming the Prophet Muhammad a
capital offense, but thus far no one has been brought to trial
under this act. There were scattered acts of violence against
Hindus and Christians, but these were not sanctioned by the
Government .

1274

PAKISTAN

The Ahmadi Sect, which considers itself Muslim despite
theological divergences from traditional Islam, has
historically been the object of popular prejudice and
discrimination; anti-Ahmadi riots in 1953, in fact, helped
spark the imposition of Pakistan's first martial law. In 1974
the Zulfikar Ali Bhutto regime, with the support of all
parties, sponsored a constitutional amendment declaring the
Ahmadis a non-Muslim minority. In April 1984, the Government
issued a follow-up ordinance which bans the Ahmadis from using
Muslim terminology or proselytizing; violators can be subject
to prosecution.

Ahmadis assert that they are indeed Muslims, and many members
of the sect were detained in 1986 for wearing badges bearing
the Islamic profession of faith. Most were released, but
several were tried, convicted, and received prison sentences.
Ahmadi places of worship, which may not legally be called
mosques, were also the object of mob attack, with little or no
action by local authorities to uphold the law. Ahmadis charge
that police colluded in some attacks. In Sind, several Ahmadis
were murdered by unknown assailants, and Ahmadi spokesmen
assert that the Government has not made a real effort to
apprehend the murderers. (The case of four Ahmadis under
sentence of death is discussed in Section I.e.)

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Pakistanis generally have freedom of movement within the
country. However, the Government occasionally bans individual
political leaders from traveling to certain provinces for a
specified time through use of an "externment" notice,
preventing entry; in August, PPP leader Benazir Bhutto was
prevented from going to Lahore for the planned Independence
Day rally.

Pakistanis are generally free also to travel abroad. However,
travel to Israel and South Africa is prohibited, travel to the
Soviet Union and Eastern Europe is restricted, and the
passports of opposition party leaders occasionally limit
travel to one or a few countries.

Pakistanis must obtain a "no-objection" certificate — usually a
check covering payment of taxes or other obligations — prior to
departing the country. These are issued routinely, but
occasionally opposition politicians have complained of undue
delays. In November 1986, authorities refused a leader of the
Sind Baluch Pukhtoon Front permission to leave the country.
The right of citizens to return to Pakistan is recognized.

Nearly 3 m.illion Afghans have fled to Pakistan as a result of
the Soviet invasion of Afghanistan. The Government administers
and supports over 300 Afghan refugee camps, and bears the
inland transport cost of relief supplies provided by various
donors. The movement and employment of Afghans in Pakistan
generally is not restricted. Afghans may reside outside the
refugee camps, but leaving the camps frequently results in a
loss of government assistance.

Section 3 Respect for Political Rights: The Right of Citirens
to Change Their Government

A martial law regime led by General Zia Ul-Haq governed
Pakistan from July 1977 to December 30, 1985. Zia interpreted
the results of a referendum held in December 1984 as an

1275

PAKISTAN

endorsement of his rule and in March 1985 was sworn in for a
5-year term as President. In February 1985, the Government
held nonparty elections for a national and four provincial
assemblies. Protesting the nonparty format, most of the
opposition parties called for a boycott of the polls.
Individual party members stood for election on a nonparty
basis, however, and the voters ignored the boycott call. The
turnout (53 percent for the National Assembly and 58 percent
for the Provincial Assemblies) more than matched historic
norms, and many observers concede that there was little fraud.

In May 1985, Mohammad Khan Junejo was nominated Prime Minister
by President Zia and confirmed by a vote of confidence in the
National Assembly. He heads the Government and is assisted by
a Cabinet composed of members of Parliament. Similarly, the
provincial governments are headed by Chief Ministers, also
drawn from the Pakistan Muslim League, which has majorities in
all assemblies. They too are assisted by cabinets composed of
their fellow legislators. Pakistan is a member of the
International Parliamentary Union.

Members of the legislative assemblies have immunity for
actions and speech in those chambers but no general immunity.
Two members were arrested in 1986; one for inciting to riot
farmers resisting the destruction of opium fields, the other
for possessing explosives. The second case had political
overtones. This delegate represented Karachi's Bihar i refugee
community and was demanding that the Government more swiftly
repatriate Biharis still in Bangladesh and help them resettle
in Pakistan. His arrest occurred during a period of
anti-Bihari rioting.

With the end of martial law, restrictions on the formation of
parties were lifted. A majority of members in the National
Assembly joined together to reestablish the Pakistan Muslim
League, and elected Prime Minister Junejo as party chairman.
Several religious parties have small representations in
Parliament. The remaining members are independents.

Under the Political Parties Act amended by Parliament in 1986,
members of the national and provincial assemblies who have
designated a party affiliation cannot switch to another party
without resigning their seat. This provision has been
criticized as unconstitutional and is being challenged in
court .

Political parties may operate without registering with the
Government, but they must register with the Election Commission
in order to participate in elections. This includes making
financial records available for scrutiny and holding internal
party elections. Although they have submitted their accounts,
the PPP and a number of the other extrapar liamentary opposition
parties have declined to register, asserting that these
provisions could be manipulated to suppress or impair their
parties .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

Domestic human rights organizations, including those affiliated
with opposition parties, operate free of official harassment,
and their reporrs receive extensive coverage in the privately
owned press. The press has also satirized police brutality,
including alleged maltreatment of opposition politicians.

1276

PAKISTAN

Pakistan has allowed visits by individuals affiliated with
Amnesty International, the Lawyers Committee for Human Rights,
Freedom House, and other international human rights
organizations, but has not facilitated their investigations
nor responded to critical reports they have issued.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Twenty seats in the National Assembly are reserved for women,
and two women were elected to nonreserved seats in 1985 in
their own right. Islamic traditionalists, however, still
exert a powerful influence on Pakistan social norms. It is
accepted practice to assign women a subordinate role in terms
of civil, political, and individual rights. Many Pakistanis
interpret the Koran's injunctions on modesty to mean that
women should remain either at home or behind the veil.

These attitudes have contributed to an officially reported
adult female literacy rate of only 16 percent, compared to 36
percent for males (1985 estimates, which are generally regarded
as high by informed observers). The primary school enrollment
ratio was only 33 percent for girls as compared to 64 percent
for boys. The ratio of men to women in secondary educational
institutions, according to 1983 Pakistan statistics, was better
than five to one. Eight times as many men as women work
outside the home, and those women who do work or attend school
usually do so in separate facilities.

Urban women are represented in the universities, but
postgraduate employment opportunities remain largely limited
to teaching, medical services, and the law, with a small number
of women entering the commercial and public sector. The
Government's policy of " Islamization" has reversed some of the
social and legal gains made by women in past years. Women may
not participate in international athletic competition, and, as
part of a drive to promote wearing traditional garb by both
men and women, the Government determines appropriate dress for
women employees appearing in public on television, in the print
media, and as airline stewardesses.

While several members of minorities are prominent within the
National Assembly or public life, reports of discrimination
against minority groups in the areas of employment and
education appear well founded. In 1986 there were scattered
acts of mob violence against Ahmadis, Hindus, and Christians.
These were not sanctioned by government authorities, which
acted to suppress the outbursts and punish the perpetrators.

Officially designated as "non-Muslims," Ahmadis are subject to
widespread discrimination and harassment and have limited
chances for advancement in the public sector. Reportedly,
government offices have distributed circulars requesting the
names of Ahmadi employees, and some persons have been expelled
from the military because of their membership in the sect.
Ahmadi youth complain of increasing difficulty in gaining
admittance to good colleges. (See also Section 2.c.)

An element in all cases of discrimination is the fact that
socially prominent Pakistanis suffer less at the hands of
officialdom than those less well-off, partly because of their
ability to return favors or offer inducements to appropriate
civil servants and partly because of the general deference
still accorded social "betters" in Pakistan society. Although
the original caste distinctions common to South Asian societies

1277

PAKISTAN

have no legally binding force, clan affiliations and ethnic
identities, which in some ways parallel the old caste system,
still help or hinder those seeking education, employment,
justice, and public office.

CONDITIONS OF LABOR

Pakistan law sets minimum wages for skilled and unskilled
labor. Comprehensive health and safety legislation provides
for inspection of the workplace to insure compliance with
health, safety, and workmen's compensation regulations.
Although not widely observed, the law requires that no adult
shall work more than 9 hours without payment of overtime, and
that no -.vorker shall work more than 10 hours overtime per week.

Child labor is widespread in Pakistan, despite laws stating
that the employment of children under the age of 15 is illegal,
and that those between 15 and 17 may not work more than 5 hours
per day. The Government has had institutions in place to
administer these labor regulations since independence.
Nevertheless, lack of resources, indifference, corruption, and
illiteracy hamper the application of labor legislation.
Noncompliance is widespread, and punishments for infractions
are rarely meted out .

1278

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: PAKISTAN

1984

1985

1986

I.ECON

A. AID

(.Sc

B.FOO

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANTS

C.SUPP. ASSIST.) ...

0 FOR PEACE

OANS

RANTS

I-TDTAL

Y. IN $-LOANS

IN FOR. CURR....,
II-TOTAL ,

LIEF.tC.OEV 5 WFP.

RELIEF AGENCY....,

ER SCON. ASSIST..,

OANS ,

RANTS ,

PEACE CORPS ,

NARCOTICS ,

OTHER ,

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCI'JG..
C.INTL MIL.ED.TRN5. .
O.TRAN-EXCESS STOCK,
:. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS

307.4

339.2

266.8

122.5

139.1

71.0

134.9

200.1

195.8

225.0

250.0

263.4

75.0

83.0

71.0

150.0

167.0

192.4

225.0

200.0

239.3

79.0

86.2

0.0

47.5

56.1

0.0

31.5

30.1

0.0

47.5

56.1

0.0

47.5

56.1

0.0

31.5

30.1

0.0

31.5

30.1

0.0

3.4

3.0

3.4

0.0

3.4

3.0

3.4

0.0

3.4

3.0

3.4

o-.o

0.0

300.8

326.0

311.9

300.0

325.0

311.0

0.8

1.0

0.9

0.0

300.0

325.0

311.0

0.8

1.0

0.9

0.0

608.2

665.2

578.7

422.5

464.1

382.0

185.7

201.1

196.7

OTHER US LOANS 66.9

0.0 0.0

EX-IM BANI^ LOANS 66.9

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1985 1986

1946-86

TOTAL

656.0

1101.2

1267.1

7742.3

I3RD

131.5

433.0

473.0

2043.3

IFC

25.3

39.9

7.2

248.7

IDA

174.5

245.3

177.2

2400..0

103

0.0

A03

312.1

375.0

609.7

2755.3

AFDB

0.0

, 0.0

0.0

UNDP

12.6

3.0

0.0

149.9

OTHER-UN

:.o

0.0

145.1

EEC

3.0

0.0

1279

QATAR

Qatar, a small, wealthy Persian Gulf state ruled by an amir
from the Al Thani family, is governed by a 1970 Basic Law,
which institutionalizes the customs and social mores of
Qatar's conservative Wahhabi Muslim heritage. These include
respect for the sanctity of private property, freedom from
arbitrary arrest and imprisonment, and protection against
transgressions of Islamic law (the Shari'a). Thus, although
the Amir holds nearly absolute power, he must exercise
authority with care. While he may, for example, suspend any
secular law or countermand any civil court decision, he is
unlikely to do so, especially without consulting his Council
of Ministers and the Advisory Council of Notables that assist
him in making policy decisions. The Amir is also unlikely to
reach any major decision without achieving a consensus within
his family.

Qatar's economy is not expanding as rapidly as it did during
the 1970 's and early 1980 's. The economy is mixed, with the
State owning and operating most basic industries and services
while retail trade and the construction industry remain in
private hands. Its fast developing industrial infrastructure
has led to the creation of a ratio of expatriates to nationals
of almost four to one. Limiting the influence and controlling
the activities of expatriates are for most Qataris a major
national goal. Qatari resentment against expatriates makes
them likelier than nationals to be the victims of arbitrary
police action. It is also difficult for an alien to take
legal action against a citizen. The economic downturn of
1983-86 has given added strength to the Government's policy of
reducing the number of expatriates. This policy, however, is
administered with a degree of compassion. Palestinians, for
example, have not been forced to leave unless they can make
arrangements to settle elsewhere, a possibility which is
facilitated by substantial severance payments. However,
because of the current economic, social, and political
conditions in Qatar, the Palestinian community is not as
successful as it was in the past. Expatriates from South Asia
have not been so lucky, since their numbers continue to drop
while expatriates from other regions, some of whom are
unemployed, are allowed to remain. In this conservative
society, women remain in a subordinate position, with a number
of restrictions on their activities.

The human rights situation in Qatar is changing very slowly.
There are many factors against change — not the least being the
absence of any credible internal threat to the regime. So
long as the Government feels secure, major innovation is
likely to occur only as the result of a consensus within the
ruling and other leading families.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known instances of political killings.

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QATAR

b. Disappearance

There were no reports of disappearances.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

Although non-European expatriates routinely complain of
maltreatment after their arrest by Qatar i authorities, the
practice does not seem to have official sanction. Torture is
not condoned by the authorities and, although the Government
does administer most of the corporal punishments prescribed by
the Shari'a, it no longer allows physical mutilation.
Executions rarely occur. Prison conditions are uncomfortable
but adequate. Family members and friends may bring food to
supplement the monotonous prison fare as well as small
luxuries and mail. There have been private allegations of
overcrowded and unsanitary conditions in the women's prison.

d. Arbitrary Arrest, Detention, or Exile

As a general rule, the authorities must charge suspects before
a competent court within 48 hours. In most cases involving
expatriates, the police have promptly notified the appropriate
consular representative. Suspects detained in security cases
are generally not afforded their rights. An expatriate
arrested in 1983 in a security case was never formally charged
and was held under house arrest for over a year . Involuntary
exile remains a rare practice. The last known major exile
took place over 10 years ago. It involved the previous
deposed amir, his family, and close supporters. Expatriate
offenders are normally deported upon completion of their
sentences. During the flareup of the boundary dispute between
Qatar and Bahrain in 1986, the Government of Qatar seized
29 foreign workers from the Fasht al-Dibal reef on April 26
and denied the British Embassy consular access until April 30.

There is no forced labor.

e. Denial of Fair Public Trial

Except for security cases, most disputes are judged before
either a civil or Shari'a court. Most commercial litigation
involving expatriates takes place before the civil courts.
The Shari'a courts administer criminal and family law and may,
if one party requests, take jurisdiction in business cases.
Although the judiciary is nominally independent, most judges
are expatriates holding residence permits granted by the civil
authorities and thus hold their positions at the Government's
pleasure.

Many expatriates find proceedings in the Shari'a courts
bewildering. Only the disputing parties, their relatives and
associates, and witnesses are allowed in the courtroom.
Lawyers may not play any formal role, save that of preparing
litigants for their cases. Although non-Arabic speakers are
provided with translators, foreigners report being at a
considerable disadvantage, especially in cases involving the
nonperformance of contracts. Shari'a trials are normally
brief. After both parties have stated their cases and
examined witnesses, the judge is likely to deliver a verdict
with only a short delay. Criminal cases are normally tried
2 to 3 months after suspects are detained.

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QATAR

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Traditional attitudes regarding the sanctity of the home
provide a great deal of protection against arbitrary
intrusions. Except in security cases or emergencies, the
police must normally obtain a warrant before searching a
residence or business. There were reports in past years that
police conducted many searches of expatriate homes without
warrants but these were not repeated in 1986. Police
routinely monitor the communications of criminal and security
suspects. Mail thought to contain either pornography or drugs
is also opened as a matter of course.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although both expatriates and Qataris are free to say what
they wish privately, public criticism of the ruling family and
its policies is not tolerated. The Government strongly
discourages attacks on other Arab governments as well. This
policy applies to the electronic media, which are government
owned and controlled, and to the press. The journalistic
community, particularly the expatriates, generally avoids
challenging these restrictions because of the risk of having
residence permits cancelled.

The authorities routinely screen all video cassettes, audio
tapes, books, and periodicals for objectionable political
sentiments and pornography.

b. Freedom of Peaceful Assembly and Association

The Government allows private social, sports, trade,
professional, and artistic societies to operate. The
activities of these organizations, which must register with
the Government, are closely watched.

Government policy does not allow political parties or
demonstrations .

In practice, the Government does not allow labor unions or
collective bargaining by employees.

c. Freedom of Religion

Qatar's state religion is Islam, the Koran is its basic
constitution, and the Shari'a its legal code. All other
faiths are prohibited public worship; they may not
proselytize. Apostasy from Islam remains a capital crime,
although no one has been executed for it in recent memory.
The Government tolerates the private practice of non-Muslim
religions; non-Muslim parents may raise their children in
their own faiths, and private gatherings of non-Muslims may
worship in private homes.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on internal travel. Male Qataris
travel abroad at will. Females, both Qatari and foreign,
usually require the permission of a male guardian or relative
to leave the country. All Qatari citizens have the right to

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QATAR

return. Foreigners are subject to immigration restrictions
designed to control the local labor pool. They require a
local sponsor to enter Qatar and the sponsor's permission to
depart. The Government has no formal policy on refugees.
Those attempting to enter illegally, including defectors from
nearby countries, are denied entry. Often refugees who can
get local sponsorship or employment may enter. If they lose
their jobs, however, they are expected to leave. During the
past year the Government has tightened its policy of
discouraging Qatari males from marrying foreign-born
(primarily Western) women by refusing to issue residency
permits to those wives. In several instances, a foreign-born
wife lives in another country, where she is visited by her
Qatari husband because she is denied entry into Qatar. In
another development in 1986, the Government withdrew the
Qatari passports from some of its citizens of Iranian
ancestry. This policy amounts to involuntary repatriation to
Iran since the victims of the policy have been informed by the
Government that they are Iranians even though they had been
naturalized and issued Qatari passports.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Qatar's political institutions blend the characteristics of a
traditional Bedouin tribal state and of a modern bureaucracy.
There are no political parties, elections, or organized
opposition to the Government, and the Amir exercises all
executive and legislative powers. His autocratic rule,
however, is checked to some extent by entrenched local customs.
Interlocking family networks and the recognized right of
citizens to submit appeals or petitions personally to the Amir
provide effective, if informal, avenues for redress of
grievances and also serve to limit abuses. The custom of rule
by consensus leads to extensive consultations between the
Amir, leading merchants, religious leaders, and other notables
on important policies. Women for the most part play no role
in public life.

Under Qatar's Basic Law of 1970, the amir must be chosen from
and by the adult males of the Al Thani family. The current
Amir, Khalifa bin Hamad, has designated his son Hamad as heir
apparent. This took place with the consent of the notables
and religious leaders according to established custom. There
are no serious challenges to this arrangement, and in the
foreseeable future effective political power will remain in
the hands of the Amir, his family, and the local notables.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

No major international or nongovernmental organizations
monitoring human rights abuses have asked to investigate
conditions in Qatar. The Qatari Government has expressed
concern over the plight of Palestinian, Lebanese, and Afghan
refugees .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women and their activities are still bound by a number of

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QATAR

social customs and quasi-legal restrictions such as veiling
and prohibitions against the issuance of driver's licenses.
While women remain largely relegated to the roles of mother
and homemaker , some are now finding jobs in education,
medicine, and the news media. However, they do not as a rule
receive the overseas university scholarships available for
males. While their employment is tolerated in such fields as
nursing, teaching, and home economics, expansion beyond these
areas is discouraged. Public life is a male sphere.
Expatriate women find it easier to get jobs or to own and
manage a business than their Qatar i counterparts. There are
signs that, as more Qatari women receive education, they will
press for a relaxation of some of the restrictions from their
country's tribal past.

CONDITIONS OF LABOR

The minimum working age is 18 years, but expatriate children
frequently work at younger ages in small businesses and
shops. Some regulations concerning worker safety and health
exist, but enforcement is infrequent. There is no minimum
wage in Qatar, and most workers spend less than 48 hours per
week on the job.

1284

SAUDI ARABIA

Saudi Arabia is a traditional, Arab, and Islamic monarchy
ruled by the sons of its founder, the late King Abd Al-Aziz
(known in the West as "Ibn Saud"). There is no written
national constitution.

By convention, the King and Crown Prince have been chosen from
among the sons of Abd Al-Aziz, who themselves have
preponderant influence in the choice. Senior religious
scholars and other princes also have a voice. The King serves
as Prime Minister. Officials from the highest levels down
maintain contact with citizens by holding open-door audiences
("majlis") regularly. Saudis from all social strata attend
these meetings to seek redress of grievances which is
frec[uently granted. There are no elected assemblies or
political parties. Nonreligious public assembly and
demonstrations are not permitted. Non-Muslim public worship
is banned. The legitimacy of the regime rests to a large
degree on its perceived adherence to the defense of Islam,
particularly the austere Hanbali School of Islamic
Jurisprudence. Rulers and ruled share a respect for laws
believed to be divinely inspired as well as ancient customs
which call for consensus in government, internal social
cohesion, and economic private enterprise. Social and
religious custom mandate strict separation of the sexes
outside the home, greatly limiting job or career possibilities
for women .

During the past 30 years, massive oil revenues have
transformed Saudi Arabia's centuries-old pastoral,
agricultural, and commercial economy. This transformation has
been marked by rapid urbanization, large-scale infrastructure
development, government subsidies to entrepreneurs and
consumers, the emergence of a technocratic middle class, and
the presence of almost 3.4 million foreign workers in a
population of about 11 million. With the exception of the oil
sector, economic activity and resources have largely remained
in private hands.

No major new developments affected human rights in 1986. The
Iran-Iraq war, the basic ideological enmity of the Iranian
revolution toward Saudi Arabia, the lingering memory of
antiregime disturbances in 1979 and 1980, terrorist incidents
as well as discoveries of foreign-supported subversive
activities in the Gulf States have forced the Saudi
authorities to remain highly vigilant regarding internal
security. There were several reports of mistreatment of
prisoners in 1986.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no known political killings.

b. Disappearance

Disappearances at the hands of official agents are unknown.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

1285

SAUDI ARABIA

Government policy prohibits torture. Some punishments meted
out under Islamic Shari'a law include amputation with
anesthetic, beheading, execution by a firing squad, and
stoning (with the convicted individual in a drugged state) .
There were some reports in 1986 of the police beating
detainees to elicit confessions, which in the absence of
witnesses are usually required for conviction in Shari'a
courts. There were reports from a provincial prison of
beatings administered indiscriminately to members of one
particular nationality, as a reprisal for the escape of
several prisoners of the same nationality. Two Saudi
prisoners reportedly died in a General Directorate of
Investigation prison in 1986, and reportedly the officials
responsible have been removed. There have also been credible
allegations of solitary confinement. Members of the Committee
for the Propagation of Virtue and Prevention of Vice
(Mutawwi'in) have the legal right to detain suspects for
supposed infractions of Muslim strictures up to 48 hours
before turning them over to the regular authorities. On
occasion, the Embassy has formally protested Mutawwi'in
actions to the Saudi Government, including one case in 1986.

Prison conditions are not intentionally degrading. Conditions
in some provincial correctional institutions are, however,
severe. Prisoners sometimes surfer heat stroke and have
complained of difficulty in obtaining adequate medical
treatment. Prisoner abuse does not appear to be an expression
of policy but a result of negligence on the part of relatively
low-level officials.

In accordance with Shari'a law, Saudi Arabia imposes capital
punishment for the crimes of premeditated murder, adultery,
apostasy from Islam, and, depending upon the circximstances ,
rape and armed robbery. The Interior Minister and Cassation
Courts review all cases in which capital punishment has been
imposed. The King must approve all such sentences. The
number of death sentences declined in 1986 (to 18 in the first
9 months of 1986 from 34 in the same period of 1985).
Beheading is the usual m.ethod of execution. Death by firing
squad or stoning may be imposed for adultery. Despite severe
social disapproval of adultery and the requirement of a
confession or testimony by four eyewitnesses for conviction,
at least one Saudi man was stoned for adultery in 1986. A
recidivist thief may suffer severance of a hand. In the first
9 months of 1986, 1 Saudi and 6 foreign nationals lost hands,
all for burglary-related offenses. For less severe crimes,
such as drunkenness or publicly flaunting Islamic precepts,
flogging with a cane is often imposed. Public flogging is
intended to humiliate the criminal and serve as a deterrent to
others. The skin is not broken, and the flogging, though it
is painful and leaves welts, is administered with a bent elbow.

d. Arbitrary Arrest, Detention, or Exile

There were several dozen arbitrary arrests and imprisonments
of Shi 'a in the Eastern Province during 1986. There is no
automatic, prompt procedure for contacting a detainee's family
or employer, though, in cases involving foreigners, Saudi
authorities acknowledge that they have the obligation to do
so. When asked, the police will almost always confirm, an
arrest. Shari'a law makes no provision for bail or habeas
corpus. Prisoners may be held for months while an
investigation proceeds before being either charged or
released. Regulations issued by the Interior Ministry in 1983
to eliminate lengthy pretrial detentions or dt;:entions without

1286

SAUDI ARABIA

charge are frequently unenforced. On the other hand, the
Board of Grievances, an independent judicial body empowered to
investigate citizens' complaints against official abuse, has
used authority granted to it in 1983 to become an effective if
slow avenue of redress for citizens and private corporations
against state institutions, public sector companies, and
government officials accused of malfeasance, nonfeasance,
bias, or corruption.

Embassies usually hear about arrests of their nationals
informally within a few days or weeks but are rarely notified
officially in less than several months; police authorities
frequently do not allow consular access early in the
investigative phase. Once an arrest or detention has come to
the attention of a foreign embassy through unofficial sources,
however, Saudi police will eventually accord consular access
to prisoners. There is a distinction between detainees held
by the regular police and the General Directorate of
Investigations (GDI), i.e., the security service of the
Ministry of Interior. GDI prisoners are regularly held
incommunicado. The Embassy strongly protested one such
detention involving an American to the authorities in 1986.
The total number of individuals affected is unknown. The
Government does not use forced labor or exile as a form of
punishment .

e. Denial of Fair Public Trial

The judicial system is founded upon the Shari'a. Shari'a
courts exercise jurisdiction over common criminal cases and
civil suits regarding marriage, divorce, child custody, and
inheritance of real or personal property. Trials are
generally closed and are normally held without counsel, though
the advice of Islamic lawyers is available before trial. In
the Shari'a court the defendant appears before a judge who
determines guilt or innocence and, if warranted, imposes the
appropriate punishment. Appeals against judges' decisions are
automatically reviewed by the Justice Ministry or, in more
serious cases, by the Supreme Judicial Council to ensure that
court procedure was correct and that the judge applied
appropriate Shari'a principles and punishments. Counsel is
not permitted in the court itself, but lawyers may act as
interpreters for those unfamiliar with Arabic. With rare
exceptions, there is no consular access to foreign nationals'
trials .

The independence of the judiciary is ensured by law and
respected in practice. The Justice Ministry is responsible
for the appointment, transfer, and promotion of judges.
Judges may be disciplined or removed only by the Supreme
Judicial Council, an independent body of senior jurists. The
Supreme Judicial Council has investigated and removed corrupt
judges to allow prosecution and imprisonment.

Specialized labor and commercial courts decide cases on the
basis of decrees issued by the Council of Ministers and
regulations issued pursuant to those decrees. The Commercial
Courts' effectiveness is vitiated by frequent serious delays
in reaching decisions and practical difficulties in enforcing
judgments reached. The military justice system has
jurisdiction over uniformed personnel and civilian goveriunent
employees charged with violations of military regulations.
Decisions of courts martial are reviewed by the King and the
Minister of Defense and Aviation. The Board of Grievances
arbitrates claims against the State. The President and Vice

1287

SAUDI ARABIA

President of the Board are experienced jurists. They are
aided by board members expert in administrative, contract,
corruption, civil service, and forgery legislation. The
President is responsible directly to the King, and the members
of the board are guaranteed considerable independence. The
board has on occasion used powers granted by a 1983 decree to
call erring officials to account.

There were no reports of prisoners formally sentenced for
political offenses.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Among the most fundamental of Islamic precepts are the
sanctity of family life and the inviolability of the home.
The police must generally demonstrate reasonable cause and
obtain permission from the provincial governor before
searching a private home, but warrants are not required. The
Mutawwi ' in may enter homes to search for evidence of
un-Islamic behavior when they have grounds for suspicion, but
instances of this appear to be exceedingly rare. Wiretapping
and mail surveillance can be carried out on the authority of
officials of the Interior Ministry or the Directorate of
Intelligence. Informants are reliably reported to be employed
in internal security matters.

Some social and religious norms and strictures affecting
personal life are matters of law and enforced by the
Government. Saudi women may not marry non-Saudis without
government permission. Saudi men must obtain approval to
marry women from countries other than the six members of the
Gulf Cooperation Council. During Ramadan, the prohibition
against public eating, drinking, or smoking during daylight
hours is enforced on Muslims and non-Muslims alike.
Prohibitions against alcohol and pornography are strictly
enforced. The Mutawwi ' in patrol the streets and markets to
assure Islamic decorum in dress and demeanor as well as the
closing of shops during the five daily prayer periods.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Criticism of Islam and the ruling family is not allowed. The
potential presence of informers renders public criticism of
the regime rare. In private, complaints are expressed
relatively freely. Saudis are, however, able to voice
complaints and to seek redress of grievances through the
open-door audiences which are held regularly by even the
highest officials.

The press is privately owned. It is effectively controlled by
a 1982 media policy statement and the firm understanding that
nothing embarrassing to the Government, ruling family, or
religious leadership may be published. The media policy
statement enjoins the pi.ess to uphold Islam, oppose atheism,
promote Arab interests, preserve the cultural heritage of
Saudi Arabia, and combat human rights violations. Newspapers
receive guidelines issued by the Information Ministry on
government positions on controversial political issues.

Editors-in-chief are appointed with the tacit approval of the
Information Minister, and the Government has the power to have
them removed. Saudi television and radio are state-owned and

1288

SAUDI ARABIA

operated. Besides entertainment, their basic aim is to
project and gain public support for official policies and
views, with the corollary that conflicting viewpoints are not
presented. A new educational channel is planned for the near
future. Foreign news is increasingly presented objectively,
as, for example, in press and electronic media coverage of the
Mubarak-Peres summit in Alexandria, the hijacking of an
American plane in Karachi, and the bombing of a synagogue in
Istanbul. Foreign publications circulate but are rigorously
censored for materials deemed immoral or critical of Saudi
policies and actions. A photograph in the International
Herald Tribune of Prince Andrew kissing his new bride was
censored, as was a crucifix in a photograph of the Pope at
Easter .

Academic freedom is constrained by similar guidelines; the
study of Freud and Marx, art, and philosophy, for example, is
forbidden. Professors commonly believe that classroom
comments which would be taken as antiregime will be reported
to the authorities. The Ministry of Higher Education recently
issued an injunction against the study of music and art in
educational institutions, incl\iding universities. There has
nevertheless been an increase in art, dance, and sculpture
outside these institutions, as evidenced by classes sponsored
by the Saudi Arabian Society for Culture and Arts, an
association whose chief holds ministerial rank.

b. Freedom of Peaceful Assembly and Association

Public demonstrations as a means of political expression or to
present grievances are prohibited. Tribal, familial, and
economic interest groups informally aggregate public opinion,
which their leaders express to high officials. Nonpolitical
clubs and professional groups may be organized with the
permission of the authorities. One particularly active
philanthropic women's club was disbanded in 1986 for
unspecified reasons. The few existing professional bodies are
permitted but not encouraged to maintain contacts with their
recognized international counterparts. Government decrees
prohibit labor unions and strikes. Collective bargaining is
unknown .

c. Freedom of Religion

Islam is the official religion. All Saudis must be Muslim.
Apostasy is a crime, and proselytizing by non-Muslims is
illegal. The Saudis scrupulously uphold the Islamic
injunction that all Muslims have a responsiblity to make a
pilgrimage, or Hajj, to Mecca, and all Muslims are welcome to
visit the holy places. Travel to these places by non-Muslims
is illegal. Political activities by pilgrims are banned.

The Shi ' a Muslims of the Eastern Province, usually estimated
at 250,000-400,000 persons, constitute a religious minority
subject to social and economic discrimination. In the wake of
the Iranian revolution, they have been periodically subjected
to surveillance and limitations on travel abroad. Some have
been arrested without charge and detained, occasionally for
months. For security reasons, the Government does not permit
Shi 'a public processions to mark Ashura, the holiest of the
exclusively Shi 'a holidays. The Shi 'a are free to adjudicate
exclusively intra-Shi'a disputes within their own legal
tradition, but Shi ' a judges receive no stipend or salary from
the Government. Likewise the Government provides no financial
support for the Shi ' a religious establishment and does not

1289

SAUDI ARABIA

permit the construction of Shi ' a mosques. In recent years the
authorities have made efforts to redress the Shi ' a complaints
about the economic underdevelopment of their areas. Still,
most Shi ' a continue to live under conditions notably poorer
than those of their Sunni compatriots.

Non-Muslim religious services are not permitted, and
non-Islamic religious materials are illegal. Foreign
nationals may practice their religions only in private. Large
gatherings or elaborate organizational structures are likely
to attract official attention and lead to the deportation of
their leaders. There have been instances in which private
services, discovered and brought to the attention of the
authorities, have been broken up and those conducting them
arrested, interrogated, and deported.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Saudis may travel freely anywhere within the country.
Passports are issued by the Interior Ministry. Male Saudis
may travel abroad freely. In the case of government
officials, the permission of the Royal Diwan is required but
apparently is normally perfunctory. Women must obtain prior
permission from their closest male relative before being
allowed to leave the country. The passports of suspected
subversives have occasionally been seized. Shi ' a are
generally prohibited from traveling to Iran. Detection of
such travel by Saudi authorities is followed by
interrogation. Shi ' a known to have pro-Khomeini sympathies
may not be allowed to travel abroad. Saudis are permitted to
emigrate and assume foreign nationality. This results in the
loss of Saudi nationality. Citizenship is not revoked for
political reasons.

There is no formal policy regarding refugees or granting
asylum. Refugees and displaced persons are in most cases
dealt with like all other foreign workers. Anyone seeking
residence in the Kingdom, except Yemenis, must meet strictly
enforced requirements of sponsorship and employment. There
are over 250,000 foreigners who fled their native countries,
primarily Palestinians, Lebanese, Eritreans, Afghans, and
South Yemenis. These individuals generally receive no special
treatment, privileges, or services. Reportedly, individual
Saudis (frequently members of the ruling family) permanently
sponsor such individuals to enable them to remain in Saudi
Arabia, permitting them to find work where they may. In a
small number of cases, sponsors reportedly have charged fees
to such persons for providing documentation required by the
Government. There are hardly any Saudi refugees outside the
country. A few Shi ' a are thought to have fled the country to
avoid arrest.

Foreigners living in Saudi Arabia, except for Yemenis, are
required to carry identification cards. They are not
permitted to travel outside the city of their employment or to
change their workplace without their sponsor's permission.
Foreign national employees are not permitted to travel abroad
without their sponsor's permission since sponsors hold their
passports and are responsible for obtaining exit visas for
them. Foreigners involved in commercial disputes are often
not allowed to leave the country until the problem has been
resolved. Sponsors have taken advantage of this arrangement
at times to exert unfair pressure to resolve commercial
disputes in their favor and occasionally have been able to

1290

SAUDI ARABIA

prevent foreign nationals from departing Saudi Arabia for long
periods. The Ministry of Commerce issued new procedural
guidelines in 1986, but it is still unclear whether they will
help ameliorate this problem. In criminal cases, Saudi
regulations require that the passports of all potential
suspects and witnesses be seized. This has sometimes forced
foreign nationals to remain in Saudi Arabia for lengthy
periods. One U.S. citizen was detained for over a year as a
material witness in an investigation in which he was only
tangential ly involved.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The King rules the country in matters secular and religious,
within limits established by religious law, tradition, and by
the need to maintain consensus among the ruling family and
religious leaders. The King's legitimacy is based upon his
descent, his selection by consensus, his propagation of the
tenets of Islam, and his perceived concern for the welfare of
the nation. The King, who is also the Prime Minister,
appoints the Crown Prince in consultation with the other
senior menabers of the ruling family. The Crown Prince serves
as First Deputy Prime Minister. The King appoints all other
Ministers, who in turn appoint subordinate officials with
cabinet concurrence. There are no elected officials in Saudi
Arabia. (The only elections appear to be businessmen's
elections of two-thirds or more of the board members of the
quasi-official Saudi Chambers of Commerce and Industry.)
Likewise, political parties are not permitted, and there are
no known organized opposition groups.

Traditionally, public opinion has been expressed through
client -patron relationships and interest groups such as
tribes, families, and professional hierarchies. The open-door
audience (majlis) remains the primary forum for the expression
of opinion or grievance. Anyone may attend these sessions
which all important officials hold regularly and openly.
(Since the assassination of King Faisal during a majlis in
1975, however, kings have reduced the frequency of their
personal contacts with the public.) Typical topics raised in
a majlis are complaints about bureaucratic dilator iness or
insensitivity , requests for redress or assistance, and
criticism of particular acts of government affecting personal
or family welfare. Broader "political" concerns — Saudi
social, economic, or foreign policy — are not considered
appropriate and are seldom raised. Either the King or the
Crown Prince meets with religious leaders at least once a week.

This relaxed, but institutionalized, consultative means of
ascertaining public opinion has limitations. Participation by
women in the process is severely restricted. Rural-urban
migration has weakened tribal and familial links. Citizens
are not directly able to change policies or officials through
the majlis system, which' is largely a forum in which
grievances are aired and favors sought. As governmental
functions have become increasingly complex, time-consuming,
and centralized in Riyadh, direct access to senior officials
has decreased. The creation of a Consultative Council to
serve as a means of consultation between rulers and ruled has
been under consideration for many years. No steps toward its
implementation are known to have been taken in 1986.

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SAUDI ARABIA

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There were no reports that international or nongovernmental
organizations sought to investigate alleged violations of
human rights during 1986. There are no human rights groups in
Saudi Arabia. In international forums, Saudi representatives
regularly protest violations of human rights of Palestinians,
Afghans, Eritreans, and Muslim minorities in several
countries, including Bulgaria.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Women do not enjoy equality with men. By Koranic precept, a
daughter's share of an inheritance is less than that of her
brother. Women must demonstrate legally specified grounds for
divorce, but men may divorce without grounds. In Shari'a
court the testimony of one man equals that of two women.
Women may not drive motor vehicles, and there are restrictions
on their use of public facilities when men are present. By
custom, women do not travel alone. They are restricted to
specially designated sections on urban buses. Women may
travel abroad only with the written permission of their
nearest male relative. Employment opportunities for Saudi
women either in the civil service or with public corporations
are extremely limited. In practice their employment is
largely restricted to the teaching and health care
professions. In public, women are required to dress with
extreme modesty. Free but segregated education through the
university level is now available to Saudi women. The number
of civil service jobs open to women (in segregated offices)
has increased recently. Polygamy is becoming less common,
particularly among younger Saudis.

The large expatriate work force does not, for the most part,
receive the same economic and social benefits available to
native Saudis and must conform to the restrictive Saudi social
standards. The poorest of these foreign nationals, almost 3
million Yemenis, Africans, and Asians, live under conditions
significantly more harsh than those of the Saudi urban classes.

Saudi Shi ' a face discrimination in government employment,
especially in jobs with national security implications, and
some limitations on their access to social services, despite
government efforts to improve the social service
infrastructure in predominantly Shi ' a areas of the country.

CONDITIONS OF LABOR

The 1969 Saudi labor law requires employers to protect workers
from job-related hazards and disease. Labor Ministry
inspeccors and the labor courts are seeking with some success
to enforce the labor code, but foreign nationals report
frequent failures to enforce health and safety standards.
Saudi authorities have reportedly enjoyed greater success in
enforcing contract terms and working hours. Saudi labor law
establishes a maximum 48 hour workweek at regular pay and
allows employers to require up to 12 additional hours of
overtime at time and a half. Employees may volunteer for
additional overtime. There is no legal minimum wage. The
labor law provides, however, that minimum wages may be set by
the Council of Ministers on the recommendation of the Minister
of Labor. The effective minimiam is the amount required to

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SAUDI ARABIA

induce foreign laborers to come to work in Saudi Arabia.

There is no minimum age for those employed in agriculture,
family enterprises, private homes, or repair of agricultural
machinery. Adolescents (ages 15 to 18), juveniles (under 15),
and women may not be employed in hazardous or harmful
industries, such as mines or industries employing
power-operated machinery. In other cases, the labor law
provides for a minimum age of 13, which may be waived by the
Ministry of Labor in certain areas with the consent of the
juvenile's guardian. Child labor does not appear to be a
significant problem in Saudi Arabia.

Saudi Arabia has a generous social security program for which
most foreign workers are eligible on the same basis as
Saudis. Some foreign workers, particularly those in unskilled
positions such as lower-level construction workers and
housemaids, are exploited due to their ignorance of the labor
code, inability to understand Arabic, lack of written
contracts, or fear of retribution from their employers. Such
labor problems, however, can be settled in labor courts, which
have the reputation of being reasonably fast and fair. In
1986 the Government increased its authority over recalcitrant
employers through a written code that permits it to attach
assets .

1293

SRI LANKA

Sri Lanka is a multiparty democracy. Its Constitution, adopted
in 1978, provides for a strong executive president who is
independent of the unicameral parliament. Both are elected by
universal adult suffrage, with members of parliament to be
selected in future general elections on the basis of a system
of proportional representation. The Constitution also provides
for an independent judiciary and the rule of law. When the
1978 Constitution came into effect, the then-Prime Minister
and leader of the ruling United National Party (UNP), J.R.
Jayewardene, became President. He was returned to office in
an election in 1982.

A developing country, Sri Lanka has achieved a high quality of
life despite low per capita income which in 1985 was only
$372. Tea exports are Sri Lanka's largest source of foreign
exchange earnings. Approximately 60 percent of Sri Lanka's
productive capacity is state owned or controlled.

The two largest ethnic groups in Sri Lanka are the Sinhalese
(74 percent) and the Tamils (18 percent). A growing
conviction among Tamils that they do not enjoy political
rights equal to those of the Sinhalese majority led some
political leaders and frustrated Tamil youths to conclude, by
the mid-1970 's, that separation of the Tamil-majority areas of
the island into an independent Tamil state or "Eelam" was the
only solution. The political leaders renamed their party the
Tamil United Liberation Front (TULF) and contested the 1977
elections on a platform of independence, winning all 14 seats
in the heavily Tamil Northern Province and 2 seats in the
Eastern Province, which has a sizable Tamil population. A
number of Tamil youths formed militant groups which turned to
armed struggle and terrorism as a way of attaining Eelam.

TULF members lost their seats in Parliament in 1983 when,
rather than comply with a new legal requirement to swear
allegiance to a unitary Sri Lanka, they left Parliament and
did not return within the required 60 days. Since bi-elections
to fill these seats have been postponed due to the unsettled
security situation in the north and east, Tamils living in
those constituencies are now without representatives in
Parliament. Currently three Tamils from the UNP are members
of Parliament, all of them also serving as cabinet ministers.

The TULF has participated in various inconclusive and
unsuccessful rounds of negotiations with the Government for a
political resolution of Tamil grievances. The militant Tamil
groups have refused to enter the negotiations, depending
instead on armed insurgency to attain their goal of a Tamil
homeland. In June 1986, President Jayewardene announced new
proposals aimed at restoring communal peace, and a new round
of negotiations between the Government and the TULF, with the
assistance of the Government of India, commenced soon
afterwards. By the end of the year, the negotiations had
reached a crucial stage with the Tamil demand for the merger
of the Tamil majority areas of the Northern and Eastern
Provinces being a principal obstacle to a settlement.

The military conflict between the Government and Tamil
militant separatists has steadily spread and intensified since
the communal incidents of July 1983, despite efforts to reach
a negotiated settlement. There is substantial, credible
evidence that both the Tamil militants and the government
security forces have been responsible for human rights abuses,
including indiscriminate attacks on civilians.

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Basic human rights are guaranteed to Sri Lankan citizens by
the Constitution and affirmed by the Government. Significant
human rights violations continued to be reported during 1986.
Critics cited the Government's failure to vigorously prosecute
those accused of human rights abuses as a major cause of
continuing violations. The Government, in affirming its
support for Constitutional guarantees, has stated that it has
investigated allegations of human rights violations but the
absence of evidence has hindered its efforts to prosecute
those accused.

As in 1985, critics continued to accuse government security
forces and police of human rights violations. The Government
did attempt to improve training and discipline within the
reportedly expanding security forces during the past year, but
its efforts have proved disappointing. Overall, military
personnel reportedly increased by 70 percent from 1985 to 1986
and the number of part-time militiamen, known as "home
guards," reportedly doubled. The increasingly Sinhalese
composition of the expanded security forces and police has
probably contributed to human rights problems. The enlisted
ranks of the armed services are now virtually 100 percent
Sinhalese. A considerable number of Tamils were once found in
the police, and as recently as 1984 the Senior police officer
was a Tamil. By 1985 no more than 5 percent of police
personnel were Tamils and the police Special Task Force (STF),
which is charged with counterinsurgency operations, is now 100
percent Sinhalese. The STF and the home guards, in
particular, were both accused of attacks on civilians during
1986, and government forces, for the first time, resorted to
aerial bombing and strafing which resulted in civilian
casualties .

in 1986 Tamil militants continued to attack both civilian and
military targets. The militants bombed civilian targets in
the south and in Colombo and killed Sinhalese villagers in the
north and east. Several bombings in May and June resulted in
over 250 civilian casualties. Tamil militant groups fought
among themselves several times. In the Northern Province,
where the Tamil militants have largely taken over civil
administration, a number of civilians who refused to cooperate
have been kidnaped and killed.

During 1986 some traditional rights remained restricted as a
result of laws enacted earlier to deal with the continuing
insurgency. The Prevention of Terrorism Act (PTA) and the
regulations under the State of Emergency give the security
forces broad powers to arrest and detain. The courts tried
and convicted hundreds of detainees held under the PTA and
emergency regulations in 1986; two were acquitted.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

The number of deaths from politically motivated violence
arising from the ethnic insurgency rose still higher in 1986.
According to the Government, over 2,000 people were killed; of
this total, over 200 were members of the security forces,
about 1,000 were alleged members of the Tamil militant groups
and 700 were noncombatants killed by the militants. Of the
700 civilian deaths, 170 were Tamils, 190 were Sinhalese,

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and 40 were Muslims; over 300 were unidentified. The
Government has acknowledged its difficulties in collecting
information in disputed areas due to the breakdown of civil
administration. One nongovernment source estimated the death
toll for 1986 to be nearly 2,700. Most of the deaths occurred
in the north and east, the scene of most of the clashes in 1986
between government forces and Tamil militants. Civilians were
also killed in Colombo and other areas in the south as a result
of a series of Tamil militant bombings.

Government and militant forces both appeared responsible for
significant numbers of noncombatant deaths. Government
security forces opened fire in civilian areas following
hit-and-run insurgent attacks or land mine explosions and
launched air strikes or mortar shel lings in densely populated
areas, particularly in the Jaffna peninsula. Tamil insurgents
bombed and mined transportation facilities and public
buildings, attacked Sinhalese villagers living in areas
considered by separatists as constituting part of the Tamil
homeland, and executed suspected government informants or
sympathizers .

Among the most significant alleged incidents in 1986 involving
the security forces were the following: On January 25 in the
Northern Kilinochchi District, following a series of clashes
between soldiers and insurgents, an enlisted man reportedly
went berserk and killed 10 Tamil civilians at the train
station. According to another, nongovernmental, version of
the incident, the train station killings were the work of a
group of soldiers, not of a deranged individual. The
Government responded by transferring the accused enlisted man
to Colombo and keeping him under observation. On February 19
at Lahugala in eastern Sri Lanka, the Government reported that
its security forces killed 40 Tamil insurgents. Other reports
of the incident alleged that the security forces shot as many
as 103 local farmers and burned the remains. Two separate
government inquiries into the Lahugala incident concluded that
the security forces had not exceeded their authority. On June
10, military personnel on a small island off the Jaffna
peninsula were shot at and returned fire; 30 Tamil fishermen
in the vicinity were reported killed in the crossfire. Other
reports allege that the security forces deliberately killed
the fishermen. On July 17, soldiers in a village south of
Trincomalee killed 37 people whom the Government identified as
terrorists. Other reports of this incident allege that the
security forces shot Tamil refugees near the site of an
earlier land mine blast which killed more than two dozen
soldiers. On September 18, a car bomb in Batticaloa exploded,
wounding several policemen. According to a government press
statement, 12 people near the blast were killed in the cross
fire between police and the militants. According to other
accounts, the policemen, unopposed by Tamil militants, opened
fire on nearby civilians.

A new tactic of the security forces in 1986 was the use of air
force attacks against insurgents in heavily populated areas.
Some reports allege that as many as 50 Tamil civilians in
Jaffna may have been killed as a result of these attacks in
the first half of the year. Tamil militants and government
security forces sometimes exchanged mortar fire in populated
areas, also resulting in civilian casualties.

As in previous years, in the few instances in which
investigations revealed that the security forces acted
improperly, the Government maintained that it was unable to

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SRI LANKA

obtain adecpjate evidence to prosecute. Generally, the
Government dealt v;ith misbehavior administratively, a policy
which many observers believe does little to deter wrongdoers.
The Government said that there were far fewer reports of
misbehavior by the security forces in 1986. Accordingly,
whereas 200 members of the security forces were "discharged
with ignominy" in 5 983 and 4 were similarly discharged in
1985, no members of the security forces were discharged for
misbehavior in 1986 and no courts martial were held.

Tamil militants continued their practice of attacking
government security forces and public infrastructure such as
rail lines, electric grids, and roads and bridges. The
militants also mounted a campaign of bomb and land mine
attacks on civilian targets in the Sinhalese-majority south.
Included in this campaign, which peaked in May and June, was
the May 3 planting of an explosive on an Air Lanka Tristar,
resulting in the death of 17 people, including a number of
foreign tourists; a May 7 bombing of the central telegraph
office in Colombo in which 12 people were killed; a bombing on
May 30 at a Colombo bottling plant which killed 11; and the
bombings of 2 large public buses on June 25, which killed 22
people. In December two bom.bs believed to have been planted
by Tamil militants were discovered at a Colom,bo power station
before they could explode.

The insurgents also attacked Sinhalese farms and villages in
an effort to drive residents from what the insurgents consider
to be traditional Tamil areas. Almost all of these attacks
occurred in the vicinity of Trincomalee on the east coast, an
area of relative ethnic heterogeneity. On May 11, and again
on May 18, Tamil guerrillas struck the village of Morewewa,
killing 17 Sinhalese civilians. Insurgents also launched a
string of attacks on Sinhalese villages near Trincomalee May
23-25, killing at least 32 Sinhalese civilians. As many as
100 Sinhalese civilians may have been killed in similar
attacks .

Another Tamil militant practice in 1986, continued from
previous years, was the execution on lamp posts of suspected
informers. There were an estimated 80 to 120 "lamp-post
killings" during 1986. Perhaps the most prominent of the
lamp-post victims in 1986 was the widely respected Jaffna
leader of the Sri Lankan rural self-help development
organization, Sarvodaya — himself a Tamil — who was killed by
Tamil militants in Jaffna on September 26.

Increasingly in 1986, the various Tam.il militant groups fought
with each other as they struggled for control over parts of
the north and east. This internecine warfare peaked in May,
when members of one group, the Liberation Tigers of Tamil
Eelam (LTTE), killed 150 to 170 members of a rival group, the
Tamil Eelam Liberation Organization (TELO) in Jaffna. In
December the LTTE attacked camps of the Eelam People's
Revolutionary Liberation Front (EPRLF), reportedly killing at
least 50 EPRLF members.

b. Disappearance

Amnesty International (AI) published a special report in
Septeiriber on disappearances in Sri Lanka, Most of the
272 disappearance cases cited in the report date from
1983-1985, and involve persons who were living in the north
and north central part of Sri Lanka when they disappeared.

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There were more reports of disappearances in 1986, primarily
in the Eastern Province.

Due to the deterioration of security conditions and civil
administration in the areas where most of the disappearances
have taken place, the Government has found it difficult to
investigate. The Government criticized the AI report because
it is based on affidavits which have not been subjected to
cross-examination in court and denied the general thrust of
the report, which is that many of the "disappeared" were
arrested by government security forces and died while in
custody. The Government suggested that many of the
"disappeared" may have left the country, joined the Tamil
militant groups, or are in detention centers under assumed
names, making them difficult to trace. It challenged those
concerned to file habeas corpus proceedings on behalf of those
who allegedly had disappeared. At year's end, 20 such cases
had been filed and were pending.

According to government statistics, 108 Sri Lankans were
kidnaped by the Tamil militants in 1986. The Government
believes that most of those abducted were killed by the
militants .

c. Torture and Cruel, Inhuman, or Degrading Treatment
or Punishment.

The Constitution guarantees that 'no person shall be subjected
to torture, cruel, inhuman, or degrading treatment or
punishment," and in 1982 the Government submitted to the U.N.
a unilateral declaration opposing the use of torture.
However, there have been persistent reports that the military
and police have tortured or mistreated persons detained under
the Prevention of Terrorism Act and the emergency
regulations .

In 1986 a group of Tamil prisoners at Welikade prison, who
previously had been held in a large, overcrowded detention
center at Bussa in the south, wrote an open letter describing
the poor conditions and mistreatment which they had suffered
there and called for an impartial investigation. Government
investigators who checked on conditions at Bussa found no
evidence of mistreatment of prisoners and found the prison
conditions generally acceptable. They criticized the sanitary
conditions, however, and prison authorities have been
instructed to make improvements. Also in 1986, the Government
initiated a rehabilitation program to provide vocational
training for prisoners.

The Government has stated that it does not condone torture of
detainees or prisoners, adding that it has been unable to
investigate charges of torture since the various allegations
generally do not identify individual victims. There have been
no convictions of police officers accused of causing physical
harm to persons in custody.

d. Arbitrary Arrest, Detention, or Exile.

The Constitution stipulates that no person "shall be arrested
except according to procedure established by law" and that an
arrested person must be informed of the reason for his arrest.
Within 24 hours, an arrested person must be brought before a
magistrate who may authorize bail or, for serious crimes,
continued detention. A suspect may be detained up to 3 months
without bail, or longer if a court so rules.

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There are exceptions to the normal rules for a person detained
under the emergency regulations or the Prevention of Terrorism
Act. Under the State of Emergency, first declared in May 1983
and renewed monthly by Parliament since then, the President
reissues the emergency regulations by gazette notification
each month. The regulations give extraordinary powers to the
police to use preventive detention on persons suspected of
planning to commit offenses or to arrest individuals suspected
of having committed a wide variety of crimes. Detainees under
these emergency regulations can be held for up to 90 days on
orders of the Attorney General, after which time the suspect
must be produced before a magistrate. The magistrate is not
empowered to investigate the case, but under the regulations
he "shall" remand the detainee to a prison, where he can be
held indefinitely. Bail may be granted at the discretion of
the Government .

The Prevention of Terrorism Act (PTA) provides that any person
arrested under this law must be produced before a magistrate
within 3 days unless the Minister of National Security orders
the suspect to be detained for a period of 3 months. Such an
order may be renewed for a period of up to 18 months. The
terms of detention are set out in this order; detainees do not
have the same rights as other prisoners regarding visits by
family, access to lawyers, food, and other conditions of
incarceration.

The PTA and emergency regulations were used extensively in
1986 to detain large numbers of persons, mostly Tamil youths,
from the north and east and Sinhalese allegedly belonging to
radical political groups. Some Sri Lankans allege that
between 3,000 and 5,000 detainees are being held under the PTA
and emergency regulations. The Government has said that 2,526
persons were in detention under these laws at year's end, 67
under the emergency regulations and the rest under the PTA.
The Government said 67 detainees were Sinhalese and the rest
were Tamils. The Government stated that 126 detainees had
been enrolled in the Government's new rehabilitation program.
As in 1985, there were reports of several persons who had been
held without charges longer than the 18 months legally
permissible under the PTA.

In 1986 the security forces continued their practice of
rounding up young men in areas of suspected Tamil militant
infiltration. Many of those taken into custody are held for
short periods for questioning and released. Those not
released are taken to detention facilities. Relatives may
write to the Ministry of Defense and ask that the case of
their family member be reviewed. The review is conducted by a
three-man advisory board which considers the evidence,
interviews the police and the detainee, and makes a
recommendation. Although it frequently takes several months
for cases to be reviewed, many reviews have led to a
recommendation of immediate release.

Unless a review of the detention is requested, detainees can
remain for long periods without being charged or informed of
the provision of law under which they have been detained. It
is not unusual for detainees to be held incommunicado and,
especially for PTA detainees, to be denied ready access to
their attorneys. Bail may be granted at the sole discretion
of the Attorney General's office.

Persons may challenge the legality of their detention either
by filing a suit in the High Court, or in the Supreme Court by

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SRI LANKA

charging the Government with illegal violation of a person's
fundamental rights as they are enumerated in the
Constitution. Some observers claim these legal remedies are
time-consuming, expensive, and beyond the means of the average
detainee, limiting their effectiveness. Fundamental rights
suits, for example, must be prepared and filed with the
Supreme Court within 30 days of the alleged first violation of
fundamental rights, a requirement with which it is often
difficult for detainees to comply. Relatives of persons
arrested under the PTA or the emergency regulations have
initiated legal challenges several times in recent years. In
no instance where the courts inquired into the detention and
subsequent disappearance of a suspect detained under these
measures have the results been publicly released.

There is no forced labor in Sri Lanka, but criminals may be
sentenced to "rigorous imprisonment" (hard labor) under which
they are retjuired to work.

e. Denial of Fair Public Trial

Generally speaking, an accused person is entitled to a fair
trial in open court, is represented by counsel of his choice,
and is informed of the charges and evidence against him.
Accused persons tried in the High Court are provided an
attorney if they need one, but no attorney is provided by the
Government for defendants tried in other courts.

Although public trial by jury is the custom, juries are not
provided in trials under the PTA on the grounds that jury
members could be intimidated. Like others convicted of crimes
under Sri Lanka's laws, those convicted of violations under
the PTA or the emergency regulations have the right of appeal,
although attorneys are not provided at public expense for
cases in the Appeals and Supreme Courts.

The independence of the judiciary is constitutionally
guaranteed. The Chief Justice is a Tamil. He and all judges
of the Supreme Court, Courts of Appeal, and High Courts are
appointed by the President. The Chief Justice and two Supreme
Court judges comprise a judicial service commission which
appoints, transfers, and dismisses all lower court judges.

In the northern Jaffna peninsula, the judicial system has
virtually ceased to function due to intimidation by the Tamil
militants. Outside the Jaffna peninsula, Sri Lanka's
judiciary demonstrated its independence in 1986 by handing
down acquittals in two well-publicized cases of detainees who
had been held under the PTA and the emergency regulations. In
one case, the Government chose not to appeal the acquittal.
In the other case, concerning Father Aparnam Singarayar, the
Tamil Catholic priest accused in February 1983 of two counts
of withholding information from the police, the Government has
decided to appeal the acquittal on the first charge. The
trial on the second charge was under way at year's end.

Hundreds of PTA detainees were brought to trial during 1986.
Virtually all of the detainees had been held for long
periods. Most were sentenced to short prison terms in
exchange for guilty pleas to lesser charges, thus obviating
the need for lengthy trials.

However, in many cases, such as that of the Tamil student
Ramanujam Manikkalingam, there have been long delays on the
government side in completing its investigation and preparing

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SRI LANKA

charges. Manikkalingam, arrested under the PTA in March, had
not been charged 9 months later.

Estimates of the number of political prisoners vary widely.
Sri Lankan human rights activists, counting only those
convicted under the PTA and currently serving prison
sentences, estimate that there are 30 political prisoners. If
less restrictive definitions are used, the number could be
much higher .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence .

The Government respects individual privacy and the sanctity of
the family and the home. The judiciary has a good record of
upholding rights to privacy in those cases which reach a High
Court. Ordinarily, search and arrest warrants are required in
order to enter private premises. Under the PTA, however,
police officers above a certain rank and less senior officers
authorized by them in writing may, without a warrant, enter
and search any premises and seize "any document or thing" when
there is a presumption or evidence of support for, or
involvement with, unlawful activity. Critics claim that
police and military personnel often enter the homes of Tamils
without cause. Monitoring of telephones is not known to be a
common practice, despite allegations by some critics of the
Government that it taps their telephone lines.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.

The Constitution guarantees "freedom of speech and expression
including publication," but it also permits these guarantees
to be restricted "as may be prescribed by law in the interests
of national security."

In contrast with the previous year, there was no formal press
censorship in Sri Lanka in 1986. Although the Government
controls the country's largest newspaper chain and owns the
radio and television services, a variety of independent
newspapers and journals provide a full range of viewpoints on
foreign policy and most domestic matters. Many small
circulation periodicals published by opposition political
parties operate in an unrestricted manner.

Foreign and Sri Lanka-based journalists generally encountered
fewer difficulties in 1986 than in 1985, when journalists'
work was screened before visas were issued. However, in 1986
the Government penalized one foreign journalist for reporting
it considered too pro-Tamil by refusing to renew his visa and
requiring his departure.

Sri Lankans are generally free to express their views in
private but may be prosecuted under the emergency regulations
for making certain kinds of remarks in public. A Canadian
citizen of Sri Lankan descent, the chairman of the Citizens
Committee of the town of Kalmunai who had been charged with
sedition under the emergency regulations for repeating to a
foreign journalist information he had given to the police
about an alleged atrocity by government security forces, was
tried and acquitted of the charge in 1986. Also in 1986,
there were hundreds of arrests of alleged members of a
proscribed political party, the revolutionary Marxist Janatha
Vimukti Peramuna (JVP) , in southern Sri Lanka for alleged

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disruptive activities, including ant i government public
statements .

Academic freedom is generally respected. Responding to
student boycotts and other disruptive activities, the
Government closed affected universities for short periods.
Generally, however, 1986 was a year of relative student peace.

b. Freedom of Peaceful Assembly and Association

The Constitution guarantees freedom of assembly and association
and the right to form and join trade unions. Sri Lanka has an
abundance of private associations, devoted to the promotion of
business, professional, educational, religious, charitable, and
humanitarian causes, which are free to maintain ties with
international bodies. However, there are a few restrictions on
free assembly and association. One leftist political party,
the JVP, has been proscribed since 1983.

Under the emergency regulations, the President (or his
designee) is empowered to prohibit public meetings which would
be "likely to cause a disturbance to public order or promote
disaffection." In practice, the police issue permits for
outdoor, public meetings or processions, and special
permission is required for use of a loudspeaker. The question
of whether to issue a permit is left to the discretion of the
Superintendent or Assistant Superintendent of an area, who may
refuse a permit if he anticipates a breach of peace.

Worker rights are recognized and protected by law. Any seven
workers may form a union, draw up their own procedures, elect
their own representatives, and formulate programs. Workers
are expressly granted the right to bargain collectively. When
workers and employers are not able to resolve a dispute, there
is an arbitration system which involves Labor Department
officers. These officers are stationed throughout the country
to assure that employers fulfill their legal and contractual
obligations to workers and to be available for arbitration in
minor local disputes.

Excepting public service employees, workers are free to strike
in Sri Lanka and have done so frequently. Under the emergency
regulations, the President may declare any business to be an
essential service, making a strike illegal. During 1986, the
Government used this power to terminate strikes or other job
actions several times. In the case of public service
employees as well as workers in "essential services," the
Government generally agreed to discuss grievances with a labor
representative .

About 1,000 labor unions and federations together represent
about one-third of the 5.5 million-strong labor force; 80
percent of the organized work force are in the plantations.
Workers in the nonplantation agricultural sector and most of
those employed in small businesses, as well as workers in the
free trade zone, are not represented by unions. Employees in
the zone participate in labor-management company associations.
Although there are a few independent unions, most of the
largest worker organizations are affiliated with political
parties, frequently operate as arms of those parties, and play
a significant role in the political process. Despite
constraints arising from their political affiliations, Sri
Lankan unions have been effective in improving conditions for
workers. Many unions maintain ties with international labor
federations and trade secretariats.

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c. Freedom of Religion

Although the Constitution establishes Buddhism as the official
religion and requires the Government "to protect and foster"
it, it also guarantees the right of all Hindus, Muslims, and
Christians to practice their religions freely. Most members
of the majority Sinhalese ethnic group are Buddhists, while
most Tamils are Hindu. There are Christians from both groups.

Two cabinet ministers are assigned the additional portfolios
of Minister of Muslim Affairs and Minister of Hindu Affairs to
deal with issues involving those minority religions.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

The Constitution guarantees every citizen "freedom of movement
and of choosing his residence within Sri Lanka" and "freedom
to return to Sri Lanka." These guarantees are generally
honored. The present Government removed exit visa
requirements imposed by its predecessor and now permits
virtually unimpeded emigration and foreign travel. Many Sri
Lankans have taken advantage of this policy to seek jobs
abroad. According to some estimates, there were 180,000 Sri
Lankans working abroad in 1986.

Some Sri Lankans, predominantly young male Tamils, have sought
refugee status or political asylum abroad on the grounds that
they are members of a persecuted minority. Despite the
freedom to return cited in the Constitution, in 1986 there
were a few cases of returning Tamils being arrested on arrival
and detained for days while authorities checked their records
for adverse information.

Sri Lanka is not a signatory of the U.N. Convention Relating
to the Status of Refugees.

Refugees or displaced persons from other countries are
generally denied entry to Sri Lanka. The Government does not
permit refugees to stay in the country even while they are
seeking permanent residence elsewhere. The few prospective
Afghan refugees who have come to Sri Lanka have been forced to
live in the transit lounge at the international airport for as
long as it took — sometimes several months — for U.N. officials
to locate a recipient country.

Due to concern that Tamil militants were frequently crossing
from southern India to northern Sri Lanka via the Palk
Straits, the Government adopted a series of measures in 1984
which progressively restricted freedom of movement in that
area. Expanding the maritime surveillance zone imposed in
April 1984, in November of that year the Government announced
a prohibited zone along some 200 miles of Sri Lanka's northern
coastline. It also imposed a security zone in the entire
Jaffna peninsula. These measures considerably restricted free
movement and made it virtually impossible for the large number
of fishermen in that area to earn their livelihood. Although
these restrictions were relaxed somewhat in 1985, throughout
1986 they remained technically in effect under the emergency
regulations.

As a result of these various restrictions as well as the fear
of becoming involved in the spreading communal violence, in
1986 many Sri Lankans joined the ranks of displaced persons
from previous years. According to some estimates, 125,000 Sri

1303

SRI LA^fKA

Lankans had sought refuge in India as of late 1986. An
additional 97,000 persons had been displaced from their homes
and were living with relatives or in camps in Sri Lanka by the
end of the year. Of these displaced persons, two-thirds were
Tamil and one-third Sinhalese.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Sri Lanka is an open, working, multiparty democracy. Citizens
enjoy universal adult suffrage, and voter turnout is generally
over 80 percent. Traditionally, the UNP and the other major
political party, the Sri Lanka Freedom Party (SLFP), both of
which draw their following mainly from the Sinhalese majority
community, have alternated in forming governments. The
current UNP Government came to power in the general elections
of 1977, gaining 51 percent of the popular vote and 83 percent
of the seats in Parliament. The UNP government formulated a
new Constitution, adopted by Parliament in 1978, which
established the office of a directly elected executive
president and provided for a proportional representation
system in future parliamentary general elections.

J.R. Jayewardene became the first President under the 1978
Constitution and was returned to office in the presidential
election of 1982, gaining 53 percent of the popular vote. The
general elections to Parliament due in 1983 were not held.
Instead, citizens went to the polls in a referendum held in
December 1982 to vote on a constitutional amendment to extend
the term of the 1977 Parliament from 6 to 12 years.
Restrictions were imposed on the activities of opposition
parties during the referendum campaign, and some voting
irregularities were reported. The amendment was approved with
54.5 percent of the votes and Parliament's term now runs until
1989. UNP candidates have won most of the by-elections since
1977, but the SLFP candidate won the single by-election held
in 1986. President Jayewardene ' s United National Party now
holds 138 out of 153 occupied seats in the legislature.

Sri Lanka's political parties represent a variety of political
views. Most opposition parties function freely, several
operate their own newspapers, and the activities of their
leaders are covered by the media. However, one party, the
extreme leftist Janatha Vimukti Peramuna (JVP), has been
proscribed since 1983 for alleged involvement in communal
riots. In addition, the civic rights of the leader of the
SLFP, Mrs. Sirimavo Bandaranaike, were suspended for 7 years
from 1980 on the grounds that she exceeded her authority during
her tenure as Prime Minister from 1970-1977. President
Jayewardene pardoned her on January 1, 1986.

Tamils, who comprise approximately 18 percent of the country's
population, are primarily represented by two parties. The
Tamil United Liberation Front (TULF) claims to speak for the
Ceylon Tamils resident in the north and east, and the Ceylon
Workers Congress (CWC), which is also a trade union, represents
the Indian Tamils. The President of the CWC serves as a
minister in the present Government.

Indian Tamils, who make up about one-third of the country's
Tamil population, are descended from the Tamils who were
brought from India in the 19th century to work on the
plantations. They do not qualify for Indian citizenship under
Indian law and were denied citizenship under Sri Lankan law at
independence. Under agreements between the Sri Lankan and

66-986 0-87-42

1304

SRI LANKA

Indian governments in 1964 and 1967 to address the problem of
the stateless Indian Tamils, many were repatriated to India or
granted Sri Lankan citizenship. However, after these
agreements lapsed in 1981, there were at least 150,000
stateless Indian Tamils remaining. In January 1986, the Sri
Lankan Government announced that it would grant citizenship to
all remaining stateless Indian Tamils, and administrative
processes to complete the procedure were under way at year's
end.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government is sensitive to adverse reports on its human
rights situation but generally does not interfere with
investigations. Senior government officials frequently make
themselves available to visitors looking into human rights
issues .

The International Committee of the Red Cross (ICRC) renewed
its offer to the Government, as it has for a number of years,
to provide relief assistance and to visit detainees held under
the Emergency Regulations and the PTA. The Government at
year's end had not accepted the ICRC offer.

Several local nongovernmental organizations monitor human
rights in Sri Lanka. They collect information from families
of victims or members of citizens' committees near the site of
alleged incidents. Their periodic reports and appeals for
change, however, are generally not addressed by the
Government. Some attorneys represent defendants pro bono in
those human rights cases which reach the courts. In February
1986, the Legal Aid Society was founded to provide assistance
to detainees under the PTA or emergency regulations who are
unable to afford the cost of legal services.

In 1986 the Government established a new human rights
commission, charged with monitoring the human rights situation
and investigating allegations of discrimination. The findings
of the new commission will not be legally binding, nor is it
empowered to advocate redress for victims of discrimination.
The Commission is intended to function as an ombudsman and is
scheduled to commence operations in January 1987.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Sri Lankans are ethnically and religiously diverse: 74 percent
are Sinhalese, mostly Buddhist; 18 percent are Tamils,
predominantly Hindus; 7 percent are Muslims of varying ethnic
origins; the remainder consist of Malays, some descendants of
European colonists, and a small number of aborigines, the
Veddahs . Of the Tamil population, two-thirds are so-called
"Ceylon Tamils" whose presence on the island dates back many
centuries. The rest are "Indian Tamils," whose forebears were
recruited in India during the last century to work on the tea
plantations .

Under the British Colonial Administration prior to 1948,
Ceylon Tamils held a disproportionate share of influential
positions in government service, the police, the professions,
and commerce. With independence, Sinhalese political leaders
sought to redress what their community regarded as an
imbalance in favor of Ceylon Tamils; typical of their efforts

1305

SRI LANKA

was the so-called "Sinha la-only" act of 1956 which made
Sinhalese the sole official language of the country. For
Tamils, the act stood for government-sanctioned discrimination
against them.

In the Constitution of 1978, Tamil was designated a "national"
language and its use in government, education, and the courts
is specifically protected in the Constitution. Nevertheless,
Tamils have charged that these legal protections are not
enforced. Members of the Tamil ethnic community charge that
they suffer from systematic discrimination in competition for
university entrance, employment opportunities, and other
matters under government control.

Members of virtually all of Sri Lanka's ethnic minorities
occupy prominent positions in all walks of public and private
life, but since independence the Sinhalese majority has
steadily strengthened its relative position of influence in
most sectors of society. Sinhalese government officials have
denied charges of discrimination against Tamils, pointing out
that several prominent Tamils occupy a number of senior-level
civil service positions. In November 1986, a Tamil army
officer was appointed Chief of Staff of the Sri Lankan Army.
However, many of these Tamils are approaching retirement age
and there appear to be fewer Tamils in the lower ranks of the
civil service and military to take their places.

Following the May-June series of bombings by Tamil militants
of civilian targets in the south, many Tamil employees of the
affected institutions as well as 200 Tamil employees of the
two television stations were either temporarily furloughed or
transferred for security reasons. Most of those furloughed
were subsequently called back to work.

Religious differences generally are not a basis for
discrimination. Sri Lankans of every faith are free to
maintain links with coreligionists in other countries, as well
as to undertake religious travel.

Sri Lankan women have equal rights under the law, including
equal property and inheritance rights. The various ethnic and
religious groups have their own strictures, however, which
place some limitations on women. Some Tamil families believe
their women members should not be seen working in public.
Some Muslim women are discouraged by members of their community
from seeking higher education or employment. Some women fill
important posts in the civil service, the professions, and
business, but the majority are found in manual and semiskilled
jobs and in the home. Women vote in large numbers but
otherwise play a more limited role than men in the political
process. There are currently six women members of Parliament,
including one woman minister of cabinet rank. Sri Lanka had
the world's first woman Prime Minister.

CONDITIONS OF LABOR

Under Sri Lankan labor laws, employment of children under age
12 is prohibited. Those between age 12 and 14 are called child
workers and may not be employed in industry or dangerous
occupations; employment of young persons between the ages of
15 and 18 is subject to certain restrictions. Employees under
age 18 cannot be required to work outside of specified hours.
In addition, employers are required to provide annual leave,
rest periods, and meal breaks. In practice, however, there is
a child work force, probably numbering at least several

1306

SRI LANKA

thousand, which works illegally in Sri Lanka, mostly at jobs
in rice cultivation, as domestics, or as street peddlers.
Efforts to address this problem have been hampered by the fact
that, in some cases, child workers are a major source of
feimily income.

There is no minimum wage, but wage boards for 34 different
trades set minimum wages and working conditions. Actual wages
and working conditions generally exceed these minimums . Most
permanent, full-time workers are covered by laws which provide
that they shall work no more than 4 5 hours per week, no more
than 9 hours per day, or no more than 5-1/2 days per week, and
that they will receive a 14-day paid holiday annually. Minimum
conditions for the protection of safety and health of workers
are set forth in legislation passed by Parliament and
implemented by the Department of Labour, which employs a staff
of engineers and inspectors for this purpose. The Depart-"^ "
also educates workers about minimum standards for differ .c
workplaces and encourages the use of safety equipment such as
earplugs. Workers in the unorganized agricultural sector are
not covered by labor laws, although the Government may
investigate individual complaints.

1307

U.S. OVERSEAS

•LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: SSI LANKA

1934

1935

1986

I.ECON

A. AID

(SE

3. FOG

TITLE

REPA

?AY.

TITLE

E.RE

VOL.

C.OTH

. ASSIST. -TOTAL..

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.)

R PEACE.. ..

OTAL

>J $-LOANS

FOR. CURR

TOTAL

•EC.DEV J WFP,

SF AGENCY

CON. ASSIST...

:E CORPS.
COTICS. ..
ER

II.MIL. ASSIST. -TOTAL,

LOANS

GRANTS

A. MAP GRANTS ,

3. CREDIT FINANCING.,
C.INTL MIL.ED.TRNG. .
D.TRAN-eXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL ECON. S MIL,

LOANS ,

GRANTS ,

75.5

67.4

25.9

59.7

44.8

10.8

15.8

22.6

15.1

44.7

35.2

25.2

34.7

18.8

10.8

10.0

16.4

14.4

0.0

30.4

31.7

0.0

25.0

26.0

0.0

5.4

5.7

0.0

25.0

26.0

0.0

25.0

26.0

0.0

5.4

5.7

0.0

0.4

1.3

0.0

5.0

3.9

0.0

0.4

0.5

0.7

0.0

0.4

0.5

0.7

0.4

0.5

0.7

0.0

0,0

0.1

0.2

0.0

0.1

0.2

0.0

0.1

0.2

0.0

75.6

67.5

26.1

59.7

44.8

10.8

15.9

22.7

15.3

OTHER US LOANS 0.0

Q.O
0.0
0.0

0.0

EX-IM BANK LOANS 0.3

ALL OTHER.... 0.0

0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1934 1935 1986

1946-

■36

TOTAL

93.0

210.9

127.0

1655.3

IBRD

12.1

62.0

0.0

190.2

IFC

0.1

4.0

0.0

43.5

IDA

55.0

72.0

35.0

870.,3

IDS

0.0

AD3

20.7

68.4

42.0

450.3

AF03

0.0

,0.0

0.0

UNDP

5.1

4.5

0.0

80.4

OTHER-UN

0.0

0.0'

0.0

21.1

EEC

0.0

1308

SYRIA

Although Syria is nominally a representative democracy.
President Hafiz al-Asad wields virtually absolute power and
his Government remains a repressive dictatorship. The regime
has not permitted other centers of government power, such as
an independent judiciary or legislature, to develop, and it
has at times resorted to brutality and forcible repression to
insure its survival. At the same time, the Government has
tried to provide for the basic needs of its people and it
allows a certain amount of regional autonomy.

The ruling Ba'ath Party, with its emphasis on socialism and
secular Arabism, gained ascendancy in 1963, but since then
has become dominated by the military. In recent years, the
party has served principally to legitimize Asad's rule.
Although Ba'athism seeks to overcome sectarian and class
consciousness by building a sense of national rather than
ethnic identity, ethnic and regional allegiances remain
important. Members of Asad's own sect, the Alawis, hold most
of the important military and security positions and run many
of the nationalized corporations.

Syria has been under emergency powers since 1963, with a hiatus
in 1973-4. Martial law has been justified by the state of war
with Israel and the threats of terrorist groups (Islamic
fundamentalist, Iragi, and Lebanese), who were blamed in 1986
for several bloody incidents of terrorism in Syria. The
greatest internal terrorist wave occurred in 1980-1982 when
the Muslim Brotherhood (Sunni Muslim fundamentalists) openly
challenged the secular Ba'athist, Alawi-dominated regime. The
Syrian Government suppressed this uprising in 1982 by
encircling the Muslim Brotherhood stronghold of Hama and
destroying most of the old city, killing thousands of people.
The ferocity of that repression has succeeded in discouraging
further widespread antiregime activity.

The central Government maintains an extensive security
apparatus. Several main branches of the security services
exist, and each is suspected of human rights violations.

Syria has a socialist economy. Although a private sector
remains, most major enterprises are nationalized. The economy
suffered a serious downturn in 1986. At the same time, the
Government used its extensive police powers to exert even
greater control over the economy and especially the
flourishing black markets in currency exchange and imported
goods. The new policies have created shortages, curtailed
investment, and generated widespread frustration and anger.

There was little change in the overall human rights situation
in 1986. Syria remained under the rule of a repressive
dictatorship, and there were no signs of progress toward a
freer political system or of greater respect for individual
human rights.

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Political executions in Syria are typically a reaction to
direct and violent threats to the regime. In 1986 there was
an increase in terrorist incidents and a number of executions
reportedly resulted. On March 13 and April 16, two large
bombs were exploded in Damascus. There were also reports of

1309

SYRIA

Other bombs exploding in the coastal towns of Latakia,
Tartous, and Banyas, and bombs were placed on several buses
carrying Syrian military cadets. Arrests were made but the
Government did not publicly identify the perpetrators or
indicate what became of the persons arrested.

Amnesty International has documented the case of a member of
the outlawed Party for Communist Action dying in captivity in
April 1986 after beatings. The report states that medical
evidence discovered later refuted the Government's assertion
that the death was a suicide.

b. Disappearance

There have been credible reports over recent years that some
Syrians arrested for security reasons have never been heard
from again.

c. Torture and Cruel, Inhuman or Degrading Treatment or
Punishment

Although the penal code prohibits torture and establishes
severe penalties for such practices, there have been numerous
credible reports of torture, primarily during arrest and
interrogation. For example, according to an August 1986
Amnesty International report, "...security forces are
routinely and systematically torturing detained political
suspects . "

Amnesty International has noted that methods of torture
include pulling out fingernails, swinging detainees in a tire
and lashing them with straight or barbed wire, and using
electric shocks. Security forces often will arrest family
members of a fugitive and detain or torture them until the
fugitive surrenders to authorities. In 65 cases of detainment
in 1986 that Amnesty International learned about, 20 persons
seem to have been arrested principally because of their
relationship to a fugitive or someone already held captive.
There have been no reports of punishment of officials who
engage in such practices.

Persons charged with or convicted of criminal offenses are
held separately from those charged with security crimes.
Conditions in prisons for ordinary criminals are adequate, and
are better for foreigners than for Syrians. Meals are
adequate, and provision is made for exercise. Much less is
known about conditions in security prisons. No international
groups are allowed access to detention facilities. Families
are usually not allowed to visit security prisons.

d. Arbitrary Arrest, Detention, or Exile

The civilian legal code, modeled after French law, provides
generally for due process, although it permits indefinite
pretrial detention during the investigative process. Under
the state of emergency, normal safeguards can be suspended,
and a person may be held indefinitely without charge or trial,
especially in security and political cases.

In cases involving security or political offenses, arrests are
made secretly, with no legal restraints. The accused has no
right to a judicial determination of the basis for pretrial
detention, no redress for false arrest, and cannot be
contacted by family or friends, who most often do not know
where the accused is being held.

1310

SYRIA
There does not appear to be any forced labor.

e. Denial of Fair Public Trial

Criminal cases with no political implications are conducted
according to the French-based legal code. The defendant is
detained provisionally upon the accusation of the public
prosecutor, then remanded to a judge for arraignment, who may
either free him on the basis of insufficient evidence or refer
the case to a criminal court. Defendants are entitled to
legal representation of their choice; if they cannot afford a
lawyer, they will have one appointed by the court. Civilian
courts impose no restrictions on lawyers in representing their
clients, and allow the right of appeal. In noncontroversial
criminal cases, the civilian courts are usually free of
governmental coercion, although the Government can bring
pressure to bear if it wishes to do so. The slow and
cumbersome legal system can leave suspects languishing for
months .

Persons charged with security or political offenses fall under
the jurisdiction of the military courts or the state security
court. Such persons have no say in the selection of a lawyer,
who is chosen by the court. All court sessions are closed,
and there are no official channels for obtaining information
on the trial or sentencing, although relatives with influence
in the Government may ultimately succeed in obtaining
information and even effecting the release of the accused.
Families without influence have no way to publicize prisoners'
cases, and in any event would be too intimidated to do so.

The Government does not disseminate information on the number
of persons detained for political or security offenses, but
the number is probably significant. Some 20 Ba'ath Party and
government officials have been under detention since 1970.
According to unconfirmed press reports, as many as 150
military officers were arrested in 1982 in connection with a
reported coup, and 60 were arrested in the summer of 1986 for
the same reason. Reportedly, none has been released. Amnesty
International documents 65 people detained in 1986 without
charge, most of them apparently for their political views or
membership in outlawed organizations. The majority are
Palestinians, although a significant number are Syrians who
allegedly have ties to the Party for Communist Action.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

Intelligence organizations maintain a network of guards to
protect officials and important buildings, as well as to
monitor the activity of people living in nearby neighborhoods.
The presence of police and security officials is pervasive,
especially in Damascus. Some phone conversations are
recorded. The postal system censors mail but does not check
every letter or package. Although the legal system provides
safeguards, including a requirement of an arrest and search
warrant before police are allowed to enter private homes,
regulations under the state of emergency suspend these
protections in security-related cases.

Security checkpoints can be set up anywhere and no warrant for
search or arrest is required at such checkpoints. Security
forces are most concerned with terrorists and antiregime
activity, but also search for smuggled goods.

1311

SYRIA
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Public criticism of the Government, the Ba'ath Party, and
related institutions is not permitted. The Government or the
Ba'ath Party wholly own and operate all broadcast media and
pviblishing houses and strictly control the dissemination of
all information. Newspapers provide no medium for opposition
opinion. The occasional criticism of government bodies or
their operations is usually directed against minor
administrative failings and corruption. Officials above the
middle ranks are rarely criticized.

Imported printed material and films are subject to censorship,
and articles about Syria are occasionally deleted from foreign
magazines and newspapers before distribution. News material,
as well as fictional and nonfictional literature, are
sometimes banned if the content is considered overly critical
of Syria. Films are often censored for a variety of reasons,
such as an unfavorable interpretation of the Middle East
conflict, sectarianism, or the use of actors or production
companies targeted by the Arab boycott. Control is much
stricter on material in Arabic.

Censorship of foreign and domestic news is exercised through
offices in the Ministries of Culture and National Guidance and
Information. In cases of censorship applied to foreign
broadcasting, blackouts are usually applied for a limited time
during crises when the Government controls the flow of
information to the population.

Schools at all levels are government operated. Even the few
church-run, private primary and secondary schools are required
to follow the Ministry of Education's curriculum and are
subject to regular inspection. Teachers are not permitted to
express ideas contrary to government policy, although more
freedom of expression is tolerated at the university level.

b. Freedom of Peaceful Assembly and Association

Public meetings, assemblies, or demonstrations can be held
only with official permission, and usually at the instigation
of the Government or the Ba'ath Party. Private societies,
including religious groups, are allowed to meet if they have
received governmental permission to organize. They are
limited, however, to nonpolitical activities.

Professional organizations and labor unions function as
dependent parts of the governmental apparatus and are
primarily used to transmit instructions and information from
the Syrian leadership. The unions have no political role and
generally function only as a means of keeping the Government
informed of grass-roots grievances and concerns. Strikes are
forbidden by law. In 1986 there was a brief work stoppage by
Damascus taxi drivers that was quickly curtailed after drivers
were threatened with the loss of their licenses. Professional
organizations have a somewhat greater voice in the Government,
but they too are kept on a short leash.

In response to observations by the International Labor
Organization (ILO), the Government is reported to have made
efforts to bring its legislation into conformity with the
Convention on Freedom of Association and Protection of the
Right to Organize. In its 1985 report, however, the ILO's

1312

SYRIA

Committee on the Application of Conventions and Recommendations
stated that it hoped the Government would soon be in a
position to report real progress in both its legislation and
the application of the Convention.

c. Freedom of Religion

Although Syria is predominantly Sunni Muslim, the Constitution
does not espouse a state religion. As a concession to Islamic
fundamentalists, who object to Ba'athi secularism, the current
regime amended the Constitution to require that the president
be Muslim. Otherwise, there is no official preference given
to one religion over another. Sunni Arabs constitute over
two-thirds of the population. Many key positions in the
Government, including the presidency, are controlled by
members of the minority Alawi sect (10-12 percent of the
population), which is considered heretical by some Islamic
fundamentalists .

Ba'athi ideology and modernizing influences have diminished
the primacy of religion and ethnicity, but individual Syrians
continue to be identified by their communal associations.
Non-Alawi groups, including the 3,000-4,000 members of the
Jewish community, do have the freedom to practice their
individual religions, but religious training, fund raising,
construction, and the holding of all meetings except for
worship are tightly restricted and sometimes banned. One
exception to the official policy of religious tolerance is the
treatment of Seventh-Day Adventists, who are forbidden to
practice their religion or own church property.

Foreign missionaries are permitted in the country, although
proselytizing is strictly forbidden. The publication of
religious materials is subject to the same strict controls as
secular material.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Internal travel is unrestricted except in the security zone of
the Golan and close to the borders with Lebanon, Jordan, and
Iraq. All citizens wishing to travel abroad must obtain
passports and exit visas. Women continue to be required to
gain permission from husbands or fathers before traveling. In
theory, any Syrian can be required to post a bond which would
be forfeited in case of nonreturn. Syrian Jews, however, are
the only travelers routinely required to post such a bond,
usually about $500. In recent years, Jews have found it
somewhat easier to travel overseas, although an official ban
on their emigration has continued and groups have been caught
trying to emigrate illegally. The Government continues its
policy of not issuing passports to all members of a Jewish
family at the same time, although there have been some recent
exceptions .

The Government generally forbids foreign travel for certain
categories of citizens, e.g. , persons liable for military
service as well as pharmacists, architects, and engineers
trained in Syria at public expense who have not yet completed
their 5 years of obligatory government service. Those who
attempt to travel illegally are subject to fines and
detention. Frequent exceptions are granted for students who
receive permission from the Foreign Ministry to continue
higher studies abroad. Emigration is not discouraged for
groups other than those mentioned above.

1313

SYRIA

There are no formal restrictions on the repatriation of Syrian
citizens, although political opponents of the regime are
arrested if they return. There have been no reports of
revocation of citizenship. The Government does not recognize
renunciation of citizenship or the acquisition of another
nationality.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Power in Syria resides with President Asad and his senior
advisors. He and other members of the Alawi sect control many
of the key positions in the Government, the Ba ' ath Party, and
the military and security forces. Popular participation in
the political process is greatly limited. By law, the freely
elected Parliament has precedence over the President's Cabinet
but in fact acts as a rubber-stamp. Major policy initiatives
normally take the form of presidential decrees and Ba ' ath
Party resolutions, which are later ratified by the
Parliament. The Constitution guarantees that the Ba ' ath Party
is the leading political organization, while other parties are
severely restricted. Many political parties, such as the
Party for Communist Action, are outlawed.

In the last presidential election in 1985, Asad received 99
percent of the vote in which 99 percent of the electorate
participated, according to government sources. There was no
opposition candidate.

There is a certain degree of regional autonomy. Sheiks handle
local tribal matters, the Druze in Jebal Druze have their own
governorship, and the major city centers also exercise local
control. Some nonthreatening ethnic groups, such as the
Bedouin, are largely allowed to opt out of the system; people
living in small villages have very little to do with the
central Government .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The Government reacts to charges of human rights violations
either by denying them, by ignoring them, or by calling them
an intrusion into Syria's internal affairs. There are no
internal groups monitoring human rights. Amnesty
International's inquiries are ignored, and the International
Committee of the Red Cross has had only limited access to
prisoners .

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Membership in the Baath Party is an important factor in
prospering in the Syrian economy. Party connections can pave
the way for entrance into better schools, access to more
lucrative employment, and greater power in government.

The status of Syrian Jews continues to be influenced by the
ongoing state of war with Israel, but the situation of the
Jewish community has improved in recent years. Today it
enjoys a relatively good standard of living, access to higher
education, and entrance into the professions. Jews are
subject to restrictions on foreign travel, however, and,
unlike other Syrian communal groups, their passports and
identity cards note their religion. Direct contact between

1314

SYRIA

Syrian Jews and Jews in Israel is still not possible. There
are \inconfirmed reports that Jews are not permitted to hold
governinent jobs, and, as in the cases of some other small
minority groups in Syria, no Jews are known to hold senior
government or party office. Mandatory public and military
service is not required of Jews. Indeed, they are not
permitted to serve in the military.

There is a Palestinian community of approximately 250,000,
predominantly made up of those who fled the 1948 and 1967
Arab-Israeli wars. Several thousand Lebanese and Palestinians
also entered Syria in 1982, after Israel's invasion of
Lebanon. Officially, Palestinians are temporary residents,
pending the resolution of the Arab-Israeli conflict.

Under Syrian law, resident Palestinians enjoy the same access
as Syrian citizens to employment, social services, and
education. Palestinians are free to choose their places of
residence and occupation. Palestinian organizations are free
to operate their own social institutions within their
community. The majority participate fully in the Syrian
economy, although many Palestinians claim that procedures for
the purchase of real property are cumbersome and that they are
allowed to own only one building or plot of land.

The Government allows those Palestinian political groups that
abide by the official anti-Arafat policy to operate relatively
freely. Palestinians may not acquire Syrian citizenship or
vote in Syrian elections, although they currently occupy
several senior positions in the Syrian bureaucracy.

Palestinians are required to obtain permission to leave the
country in addition to the normal exit visa. Young
Palestinians sometimes find it difficult to obtain the
requisite Palestinian travel document.

The equality of women is guaranteed by the Constitution, which
declares that all obstacles to women's development must be
eliminated. Historically, Syrian women have benefited from
enlightened government policies. They were the first female
Arab constituency to receive the right to vote (1949) and are
protected under laws of equal pay for equal value of work and
equality in employment.

Syrian women hold positions in all areas of the Government and
the economy. At present, they comprise 12 percent of the
documented work force; however, a 1982 ILO study suggests that
79 percent of rural Syrian women are economically active. The
literacy rate of Syrian women is 43 percent, compared to a
national rate of 49 percent. Women's enrollment at all levels
of education is officially encouraged and continues to rise.

The traditional concept of male guardianship of women
continues to run against official policy, primarily in
questions of personal status. Particularly within the Muslim
community, this often severely limits a woman's rights in
matters of marriage, divorce, child custody, and inheritance.

CONDITIONS OF LABOR

Syrian labor statutes provide comprehensive working
standards. The minimum age in the predominant public sector
is 18. In the private sector it is more variable; the
absolute minimum age in the private sector is 12, while
parental permission is required for children below the age of

1315

SYRIA

16 to work. The Labor Ministry has an enforcement mechanism,
but the number of labor investigators is small and violations
of minimum-age laws may be extensive.

The workweek is 48 hours (6 8-hour days), although in certain
fields in which workers are not continuously busy a 9-hour day
is permitted. In actual practice, government employees rarely
put in more than a 5-to-6 hour day. The statutes also
stipulate a full 24-hour rest day per week and a minimum of 1
hour of rest per day; 14 days per year of annual leave (which
rises to 21 days per year after 10 years' service); 70 percent
of wages during the first 90 days of illness, then 80 percent
for the next 9 0 days; and overtime pay (25 percent for daytime
overtime, 50 percent for night, 100 percent for holiday).
Employers are required to provide limited medical care, and if
there are more than 100 employees a nurse must be hired and
the service of a physician provided as necessary. The
Government provides disability insurance, which is paid in
monthly installments over 25 years. A worker who lost four
fingers of his right hand in 1986 was awarded a monthly
stipend which will provide him with a net income of $3,000
over 25 years. Minimum wages are prescribed in all sectors.

Guest workers are theoretically entitled to the same
privileges, but their right to workers' permits is constantly
in flux. Many are working illegally and are not covered under
the government system.

1316

TUNISIA

Tunisia, an Arab state in North Africa, is presided over by
Habib Bourguiba, President for Life, who celebrated his 84th
birthday in 1986. Although a parliamentary republic since
1956, the Tunisian political system is dominated by the ruling
Destourian (Constitutional) Socialist Party (PSD). Three
opposition parties are legally recognized. The religiously
oriented Islamic Tendency Movement (MTI), which is not among
these, is tolerated by the Government. In 1986, however,
leaders of the MTI were subjected to increased scrutiny by the
security forces and an undetermined number of its members were
systematically detained and interrogated.

A well-organized, visible security apparatus carries out
random identity checks, partly as a result of security
dictates due to the presence of the Arab League and
Palestinian Liberation Organization (PLO) headquarters in
Tunis, but also in response to a history of terrorist acts
attributable to the Libyan Government.

The oil price collapse, a weak phosphate market, a disastrous
harvest, and a decline in tourism revenues rocked the economy
in 1986. Output and employment gains slowed to near zero.
Nevertheless, per capita gross domestic product, at $1,100,
remains among the highest in Africa. Structural problems and
the external shocks just noted may well result in negative
growth. Recognizing its long-term problems as well as the
recent balance of payments crisis, the Government introduced a
tough structural adjustment program in August 1986. The
program includes such austerity measures as a 10 percent
devaluation, hikes in the prices of staple products, and
budget cuts that will force layoffs in the public enterprises.

During the year the human rights situation in Tunisia
underwent serious deterioration. The Government failed to
carry out a promised "opening" of the political system to
allow increased participation by opposition political
groupings. Efforts to reform the legal system, which permits
individuals to be held without trial, also came to naught. By
the summer of 1986, all independent opposition newspapers had
either been banned or forced to close for financial reasons.
Former activists in Tunisia's largest trade union federation,
the General Union of Tunisian Workers (UGTT) , continued to be
harassed during the year, following the Government ' i.
suppression of the elected union leadership in late 1985. The
Government initiated an "anticorruption" drive during the year
and several prominent Tunisian business figures were tried and
convicted. Although due process was generally observed, some
observers criticized the selectivity with which individuals
were targeted for investigation and the severity of some
sentences .

In conjunction with a crackdown on the MTI, the Government
actively pursued arrests and trials of other Islamic
fundamentalist groups that are not tolerated. In April
violence erupted on the university campuses in Tunis following
an incident in which security forces shot an Islamic
fundamentalist student leader to death, allegedly while he was
fleeing apprehension. Many arrests were made and there were
reports of police brutality. Three leaders of a self-
proclaimed Islamic revolutionary movement were convicted of
attempted murder, robbery, and armed assault and were executed
in the late summer .

1317

TUNISIA

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports of political killings in 1986. However,
an Islamic fundamentalist student leader was shot to death by
security forces on April 18. Although the Government promised
an investigation, none of those involved has been publicly
charged or censured.

b. Disappearance

There were no reports of disappearances in 1986.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There is reliable evidence that physical and psychological
abuse of prisoners occasionally occurs. Isolated cases of
police brutality are reported by the Arabic language press and
in communiques released by the Tunisian League of Human
Rights, an independent group with branches throughout the
country. There were no confirmed examples of officially
ordered or approved torture in 1986. Conditions in Tunisian
detention centers and prisons are poor and in some instances
injurious to health. In the spring, family members of former
General Union of Tunisian Workers leader Habib Achour claimed
that he was subjected to severe prison conditions despite his
age and chronic health problems. The Government responded to
Achour ' s complaints by bringing in doctors and, on at least
three occasions, hospitalizing him for treatment.

A prisoner was beaten to death by prison guards in the civil
prison in the coastal town of Mahdia in early spring. In the
ensuing investigation, the guards involved were arrested and
sentenced to long prison terms and a local physician who
allegedly falsified the death certificate was barred from
medical practice.

Reports in 1986 continued to indicate that civil prisons were
overcrowded and poorly supervised.

Following violent confrontations betv.aen police and students
in April at the university in Tunis, there were reports that
policemen had entered dormitories and had beaten and abused
male and female students .

d. Arbitrary Arrest, Detention, or Exile

Arrests of persons opposing the Government do occur, most
frequently on charges of illegal political activity. In 1986
persons espousing a return to Islamic religious values bore
the brunt of arbitrary or secret detention. Some with
leftist, pan-Arab, or pro-Libyan views were also arrested.
These persons are often subjected to long periods of
preventive detention without trial and have been known to be
arrested and released several times without being charged.
During April 21-22 campus demonstrations at the university in
Tunis, almost 1,000 students were detained. All students were
released after 1 week but a spall number had their academic
waiver from national service removed and were expeditiously
drafted.

1318

TUNISIA

As part of the Government's move to take control of the UGTT
labor federation, many union activists were detained. In June
1986 the former UGTT leadership submitted to the International
Labor Organization (ILO) a list of nearly 100 UGTT members who
were allegedly being detained without charge.

There is no legal limit on preventive detention. In early
1986 the Government had under discussion, but did not adopt, a
Tunisian Human Rights League-sponsored initiative to limit
incommunicado holding of detainees and to require medical
examinations according to a fixed schedule. The Tunisian
Human Rights League claims that there are about 100 people in
jail on political charges.

In 1981 the ILO criticized Tunisia for its policy of forced
labor in prisons. While Tunisia continues to use forced labor
as a sentence, it reportedly resolved ILO concerns on this
issue in 1983 in a comprehensive report. The ILO has
continued to urge Tunisia to bring its legislation on
rehabilitation work and civic service into conformity with the
Convention on Forced Labor.

Ex-Prime Minister Mohamed Mzali, who fled the country in
September, subsequently had his lawyers file a petition with
the United Nations Human Rights Commission in Geneva. Mzali
claimed that his family was being persecuted arbitrarily in
order to punish him. Specifically, he complained that his
sons were being punished in a manner out of proportion with
the charges against them, that his wife was under house
arrest, and that his son-in-law had been detained without
charge The Government disputed some of these allegations.

e. Denial of Fair Public Trial

No secret trials were held in 1986, and no cases were tried in
special security courts. During 1986 the Government initiated
what many observers termed a "selective" ant i corrupt ion
drive. Businessmen and prominent citizens targeted in the
investigations faced detention and travel restrictions,
sometimes for long periods, before charges were brought. The
sentences handed down in some of these cases, including the
sentencing of a prominent bank president to 10 years hard
labor for mismanagement, were often disproportionate to the
established crime. The case of a group of self-proclaimed
Islamic revolutionaries charged with bank robbery and
attempted murder of a policeman during the spring resulted in
three death sentences. The case was heard by a military
tribunal rather than by a civilian court because one of the
ringleaders of the group was on active military duty. The
defendants claimed that they should be tried as political
prisoners but the Tunisian Government maintained that they
should be sentenced in accordance with their actual crimes.
The severity of the sentences led some observers to ask
whether the military tribunal had given the accused a fair
trial. In all cases the defendants had access to legal
counsel .

The judiciary is relatively free but critics perceive a
growing trend in the direction of government control and
interference in judicial processes. The sentencing of a
lawyer in June to a 6-month jail sentence on questionable
charges of "misbehavior" before a judge is cited as one
example of this trend. Lawyers for labor leader Habib Achour
walked out during the hearing of his appeal of a 1-year

1319

TUNISIA

sentence on March 22, claiming their client's right to due
process was being ignored.

The Government continues to hold an unknown number of
prisoners on the basis of their political activity, but
insists that they all have been charged and will face trial.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The privacy of the individual and of the home are generally
respected. However, the security police sometimes secure
blanket rather than specific judicial authorization for the
arrest of persons suspected of activities posing a security
threat. Instances of the monitoring of correspondence and
telephones are reported.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Tunisian citizens feel free to criticize the Government in
private and, in more restrained terms, in public. Personal
criticism of President Bourguiba in the press is not allowed.
A large segment of the press is privately owned.

Tunisian law requires that the first printed copy of each
edition of every national news publication be submitted to a
censorship authority. This body has the power to censor
(either partially or completely) any publication it receives.
In some cases the Government will take the further step of
bringing charges against the editor or publisher. During 1986
the Government banned 5 opposition newspapers and magazines,
each for a period of 6 months. Specific issues of all of
these publications had been seized previously, particularly
editions published following the U.S. air strikes against
Libya in April. Weeklies belonging to two legal opposition
parties were banned in the spring for 6-month periods. The
ban effectively eliminated the papers from publishing during
the electoral campaign for the National Assembly. Two other
publications did not appear because of financial losses
suffered during their period of suspension. Another, Errai,
voluntarily suspended publication out of the conviction that,
in the existing atmosphere, it faced inevitable suspension.

Except for the independent weekly Realities, the publications
were banned for either defamation or dissemination of false
material. Realities was banned in June for an article that
criticized government repression of the left-wing opposition.
Its editor and one of its more prominent journalists were
given suspended sentences and fined.

Le Monde was banned for a short time in 1986, and several
expatriate journalists were called into the Ministry of
Interior for questioning following publication of certain of
their reports. In one case, an American journalist was
ordered to leave Tunisia, but was subsequently allowed to
return.

The Tunisian press is usually diverse and lively in its
commentary on Tunisian politics and society. However, the
Government's decision to ban several publications, along with
closures due to financial losses, left Tunisia without its
normal range of independent Arabic language publications in
the latter half of 1986.

1320

TUNISIA

Academic freedom is generally respected, and scholarly
research is not subject to overt interference. Although the
Government replaced all university deans, who had previously
been elected, with its own appointees and removed elected
student representatives from university councils, these
actions were not taken to restrict what the schools were
teaching, but rather to make the deans more responsive to the
Government and to deal more effectively with student unrest.

Islamic fundamentalist and leftist student groups on the
university campuses are tolerated but are not officially
recognized. Many Islamic fiindamentalist student leaders were
forced to leave the universities in 1986 in order to do
national service.

b. Freedom of Peaceful Assembly and Association

Although the Constitution guarantees freedom of assembly,
government permission must be obtained to hold political
meetings. Recognized political parties held meetings during
the year. On one occasion in February the opposition parties
were denied permission to hold a joint meeting. The Tunisian
Human Rights League was denied permission to hold a meeting on
February 22.

In the course of a demonstration organized to protest the U.S.
airstrikes against Libya, three members of the opposition,
including the Democratic Socialist Movement's (MDS) leader
Ahmed Mestiri, were detained on charges of illegal political
assembly. Mestiri was sentenced to a 4-month prison sentence
for his part in the demonstration, the length of the sentence
effectively denying him eligibility for candidacy in the
November elections. Because of his poor health, much of
Mestiri 's sentence was served under house arrest.

The right to organize a union and to strike is guaranteed by
the Constitution and most public sector workers are affiliated
with an appropriate union. Many private sector workers,
however, remain nonunionized. In the past, these
constitutional guarantees contribuiied to the development and
growth of a large, free trade union movement in Tunisia, based
on the French model, and Tunisia traditionally has had one of
the largest free trade union movements in the Arab world.
Rising tensions between Tunisia and Libya, reflected in
Libya's expulsion in 1985 of over 32,000 Tunisians, including
20,000 Tunisian workers, added to labor tensions, prompting
stronger government measures against labor activists. As
economic and political difficulties mounted, the Government
limited the freedom of union members in an effort to minimize
labor unrest and its conseguent economic and political impact.
After the Government responded to a threat of strike actions
in 1985 by placing Habib Achour , the UGTT leader, under house
arrest, the Government moved to take control of the union.
Achour was subsequently imprisoned in 1986 for mismanagement
of union funds and remains in jail along with other union
figures who are charged with various crimes. Government
policies also restricted union meetings in the workplace
during much of this period, although this prohibition was
later relaxed.

With the successful replacement of the UGTT executive board by
party loyalists in April 1986, and the unification of the new,
PSD-controlled UGTT leadership with the smaller National
Federation of Tunisian Workers (UNTT) in September, the
Government promised to renegotiate most wage contracts that

1321

TUNISIA

had expired over the past 3 years during a government-enforced
wage freeze. The Government has stipulated, however, that any
new wage increases must be linked to productivity gains.
These negotiations promise to be difficult and a return to a
more liberal policy toward labor activism is currently
unlikely.

c. Freedom of Religion

Although Islam is the state religion, the Constitution
guarantees religious freedom. Proselytizing for religions
other than Islam is prohibited. There is no religious
discrimination in private commerce and employment, but
government employment is generally reserved for Muslims. The
small Jewish community worships freely and maintains
indigenous organizations with official sanction. During
periods cf tension, however, synagogues and Jewish-owned shops
have been subject to harassment. Following the raid on PLO
headquarters on October 1, 1985, the Government took
extraordinary measures to protect the Jewish community.

Expatriate Christians freely attend church services. Under an
agreement between the Vatican and the Tunisian Government,
several Roman Catholic orders remain active.

The Bahai's continue to face a ban, instituted in 1984, on
their religious meetings but have not been the object of
further restrictions.

d. Freedom o£ Movement Within the Coxontry, Foreign
Travel, Emigration, and Repatriation.

Free movement within Tunisia is allowed, although citizens
must carry identity cards. Passports for foreign travel are
easily available but may be withheld, e.g., if a person is
suspected of clandestine links to a foreign government. In
1986 several labor leaders, opposition figures, and
businessmen were prevented from leaving the country. In some
cases passports were confiscated for indeterminate periods
without any legal justification being offered. In August
former Prime Minister Mzali was prohibited from leaving
Tunisia. He subsequently fled the country clandestinely; he
claimed that he had left the country legally since he was in
posession of a valid passport.

There is no restriction on emigration or repatriation,
although foreign exchange restrictions and a substantial
departure tax make travel more difficult.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

High government office is effectively restricted to members of
the PSD.

Parliamentary elections are required every 5 years. The ones
on November 2 were boycotted by all opposition parties. The
Democratic Socialist Movement withdrew over the refusal of the
Government to release Ahmed Mestiri, the party's Secretary
General, after he had been convicted of organizing an illegal
demonstration, and over the Government's banning of the
opposition press. The Communists and Baathists withdrew all
their candidates in protest after Government officials
disqualified some of them on procedural grounds. The Popular
Unity Party withdrew, complaining of interference in its

1322

TUNISIA

efforts to conduct its campaign. The ruling party thus
competed in the election with opposition in only two electoral
districts where independents had filed lists. The ruling
party won every seat in the election.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights :

Tlie Tunisian League of Hximan Rights continued to meet with
high government officials (including the new Prime Minister,
Rachid Sfar) during 1986 to discuss cases of detention and
arrest. The League publishes a bulletin that details reported
human rights abuses. It holds national meetings, for the most
part without government interference. In a statement made
following a September 7, 1986 meeting, the National Council of
the Tunisian Human Rights League referred to the
"deteriorating situation the country was going through",
deploring "the accelerated rhythm of flagrant violation by
authorities against individual and collective liberties in all
sectors, especially since the bread riots of January 1984."

The Government has shown a willingness to criticize human
rights abuses in other countries and has forcefully condemned
terrorism regardless of motivation or origin. However,
efforts to obtain government permission to set up a local
chapter of Amnesty International (to report only on human
rights violations in other countries) met with official
silence.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Legal equality between men and women is vigorously supported
by the Government. Equal rights in the areas of divorce and
child custody are, for example, guaranteed by legislation. A
small number of women serve in the Government at all levels.
There is one woman cabinet minister and there are at least
five women jurists who have direct impact on cases they hear
or review. Currently, the 136-member Chamber of Deputies has
seven women members. New apportionment plans, however, will
reduce the legislature's membership to 123. Nevertheless, the
centralized nature of decisionmaking generally limits the
influence of women at the national level. Women's access to
education is guaranteed by law, and approximately 4 0 percent
of the primary and secondary school enrollment is female.
Despite the Government's efforts, traditional practices in
many cases keep women, especially in the rural areas, from
full attainment of their legal rights.

CONDITIONS OF LABOR

Shortly after independence, Tunisia adopted a labor code that
provided for standards of work, hours of work, and a minimum
wage. These conditions apply directly to some 60 percent of
the labor force who work in government jobs, public sector
companies, and in professions such as teaching. Another 20
percent of the labor force who work in agriculture and the
private sector are indirectly affected by these provisions.
About 20 percent of the work force, principally domestics and
migrant agricultural labor, are not covered by the labor code.

The base minimum wage in the industrial sector is
approximately $125 for a 40-hour week. In agriculture the

1323

TUNISIA

base minimum wage is approximately $100 per week, although
this only directly applies to some 3 percent of the
agricultural work force. Employees who are covered under the
minimum wage also by law receive other benefits, including
social security, disability and health insurance,
transportation and family allowances, and paid leave. The
normal workweek is either 40 or 48 hours. The labor code also
requires employers to pay overtime, a night work differential,
and holiday pay. In the major urban areas, a minimum wage
employee with a family of 4 will net between $160-$200 per
month when allowances (nontaxable) are included. Child labor
is prohibited prior to 16 years of age. Moreover, these
provisions are widely enforced through an oversight program
directed by the Social Affairs Ministry.

The Tunisian Ministry of Social Affairs has established a
health and safety office to improve health and safety
standards in the workplace. In many hazardous jobs — e.g.,
mining, petroleum engineering, and construction — the
Government has established new safety regulations and is
enforcing more safety precautions.

1324

U S OVERSEHS -LOANS AND GRANTS- OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COUNTRY: TUNISIA

1984

1985

1986

I. SCON.
LO
GR
A. AID
LO
GR
(SEC
B.FOOD
LO
GR
TI TLE
REPAY
PAY.
TITLE
:.REL
V9L.R
C.OTHE
LO
GR

ASSIST. -TOTAL..

ANS

ANTS

ANS

ANTS

.SUPP. ASSIST.) ...

FOR PEACE

ANS

ANTS

1-TDTAL

. I^ S-LOANS

IN FOR. CURR

II-TOTAL

lEF.EC.DEV a WFP.

ELIEF AGENCY

R ECON. ASSIST..,

ANS

ANTS

PEACE CORPS ,

NARCOTICS

OTHER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

3. CREDIT FINANCING..
C.INTL MIL.EO.TRNG. .
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS

III. TOTAL ECON. S MIL,

LOANS

GRANTS

17.7

29.7

25.3

13.5

4.5

0.0

A. 2

25.2

25.3

1.6

22.8

23.3

0.0

1.6

22.8

23.3

1.5

23.0

22.8

14.7

5.1

0.0

13.5

4.5

0.0

1.2

0.6

0.0

13.5

4.5

0.0

13.5

4.5

0.0

1.2

0.6

0.0

1.2

0.6

0.0

1.4

1.8

2.0

0.0

1.4

1.8

2.0

1.4

1.8

2.0

0.0

o.-o

0.0

111.6

66.6

65.5

92.0

50.0

25.8

19.6

16.6

39.7

18.0

15.0

38.3

92.0

50.0

25.8

1.6

1.4

0.0

129.3

96.3

90.8

105.5

54.5

25.8

23.3

41.8

65.0

OHER US LOANS. .. ,
EX-IM BANK LOANS,
ALL OTHER

0.0
0.0
0.0

7.9
7.9

0.0

0.0
0.0
0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

221.6

246.4

5 9.6

1985.9

IBRD

135.1

141.0

27.7

1507.1

IFC

1.0

2.3

13.4

73.5

IDA

0.0

70.1

ID3

0.0

»03

0.0

iFDB

84.7

93.0

0.0

201.1

JNDP

0.8

1.1

0.0

49.7

)THER-UN

0.0

0.0 ■

0.0

10.9

:S Z

0.0

9.0

18.5

68.5

1325

UNITED ARAB EMIRATES

The United Arab Emirates (UAE) is a federation of seven
autonomous emirates, each of which retains extensive powers in
such vital issues as economic policy (including petroleum),
internal security, and defense. The emirate rulers' legitimacy
is based on longstanding traditions of tribal leadership.
There are no elections. The rulers comprise a Supreme Council
which, in theory, is the highest legislative and executive body
but which seldom meets. The Supreme Council selects a
president and vice president from its membership. The
president appoints a prime minister and a cabinet. A Federal
National Council of 40 members, appointed by the emirate
rulers, offers the federal government nonbinding advice on
legislation and reviews government operations. Representation
on the council is roughly proportional to the population of
each emirate.

The economy is based almost entirely on oil production, which
has made the UAE ' s per capita national income one of the
world's highest. A small citizen population controls the
country's economic life but depends heavily on a much larger
contingent of foreigners to provide manual labor and vital
technical skills. Economic recession, a consequence of the
slack world oil market, has begun to reduce the foreign labor
force and heightened government vigilance about immigration and
labor regulations.

The emirates of the United Arab Emirates maintain independent
internal security organizations, which concentrate mainly on
antiterrorist activity.

There are no formal restrictions on citizens' rights to
associate, pursue private interests, or hold private property.
Foreigners have no political role. Women play a restricted
public role, out of tradition rather than explicit government
policy.

There were no significant changes in the human rights situation
in 1986. In the political sphere, the ruling families and
their allies continued to play a dominant role. There was no
discernible movement to expand the powers of the nonelected
Federal National Council or to extend the boundaries of formal
political participation.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

No political killings were reported.

b. Disappearance

No political disappearances were reported.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The provisional Constitution prohibits torture or degrading
treatment of any person, and the physical or moral abuse of an
accused person. No instances of torture were reported. Prison
conditions, including diet and medical facilities, are

1326

UNITED ARAB EMIRATES

adequate. Prisoners are permitted visits from family members,
friends, and lawyers. Consular access to imprisoned foreign
nationals is permitted, although it is sometimes delayed.
There is no evidence that the authorities allow mistreatment of
prisoners .

There were no instances of the amputation of a hand for theft
or stoning for adultery under the system of Shari'a law, which
is an integral part of the judicial system.

d. Arbitrary Arrest, Detention, or Exile

The Provisional Constitution prohibits arrest, search,
detention, or imprisonment except in accordance with the law,
and the laws of each emirate prohibit arrest or search without
probable cause. Prolonged detention without charge is rare,
although instances have been reported, especially in national
security cases. By law, the police must report any arrest to a
judge within 48 hours for his determination whether to charge,
release, or, with sufficient police justification, allow
limited further detention during a continuing investigation.
Once charged, suspects come to trial expeditiously. In 1986
there were no reported instances of preventive detention.
Forced labor is not practiced. The Provisional Constitution
prohibits the exile of citizens.

e. Denial of Fair Public Trial

The UAE has a dual system of Shari'a and civil courts, which
deal with criminal and civil cases. Each court system has a
multilevel appeal process. Either the plaintiff or the nature
of the case determines which court system hears a particular
case .

Legal counsel is readily available and permitted to represent a
defendant in both court systems. The court may appoint legal
counsel if counsel agrees to provide services free; no system
of state payment of public defenders exists.

There are no jury trials. All cases, except national security
cases and those deemed by the judge likely to upset public
morality, are open to the public. Most judges are foreign
nationals, primarily from other Arab countries. Rulers
occasionally interfere in the judicial process. Nonetheless,
the court system is generally regarded as fair and its
judgments well considered.

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Provisional Constitution prohibits entry of homes without
permission, except in accordance with the law. Although the
police can enter homes without a warrant and without
demonstrating probable cause in advance, an officer is
answerable if he abuses his authority in doing so. Anyone
other than a police officer must have a court order to enter a
private home. Local custom and practice give high value to
privacy and violations are rare. Surveillance of private
correspondence is not practiced. Except for rare instances
involving national security, no cases of arbitrary interference
with privacy have been reported in recent years.

1327

UNITED ARAB EMIRATES
Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Emirate citizens are constitutionally guaranteed freedom of
speech. In practice, however, most inhabitants, especially
foreign nationals, are circumspect in public discussions of
sensitive political topics.

Although most of the local English- and Arabic-language
newspapers are privately owned, all but one receive government
subsidies. The press operates under a law which codifies the
powers of censorship and media closure and it adheres to
reporting guidelines.

These regulations, along with self-censorship by journalists,
make actual censorship rare. Local newspapers are seldom
critical of government policy. They are cautious in reporting
on the ruling families, national security, and relations with
neighboring states. Particularly on domestic issues, the
Arabic press is generally more open than the English language
press .

The censorship department of the Ministry of Information and
Culture scrutinizes all imported newspapers, periodicals,
films, and videos, and bans items considered pornographic,
violent, derogatory to Islam or Christianity, favorable to
Israel, unduly critical of friendly countries, or critical of
the ruling families.

The Ministry of Information and Culture and some emirate
governments own radio and television stations and assure that
programs and news reporting are in conformity with the
standards imposed on the other media.

b. Freedom of Peaceful Assembly and Association

Political parties are not allowed. Organized public gatherings
require a government permit. In practice, public gatherings
are rare. The citizen population normally confines its
political discussion and debate to the numerous "assemblies,"
held in private homes, which are a local tradition.

There is no legal provision for the right of workers to
organize, to engage in collective bargaining, or to strike.
Foreign workers attempting to do so would almost certainly be
deported. For the resolution of work-related disputes, workers
have access to conciliation committees, organized by the
Ministry of Labor and Social Affairs, and to special labor
courts. These committees and courts are regarded as effective
and fair.

c. Freedom of Religion

Islam is the official religon of the UAE . Non-Muslims are free
to practice their religion but may not publicly proselytize or
distribute religious literature.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

There are no restrictions on freedom of movement or relocation
within the country except for security areas such as defense
and oil installations. Unrestricted foreign travel and
emigration are permitted to citizens. Exit visas are not

66-986 0-87-43

1328

UNITED ARAB EMIRATES

required. The right of return is extended to all citizens.
There are no known instances of revocation of citizenship for
political reasons. Foreign workers who terminate employment
are normally required to leave the country for at least 6
months before they may return to new jobs. However, categories
of personnel who have been exempted from this provision are
increasing.

The UAE and its member emirates have long accepted groups of
displaced persons, such as Palestinians, and those attracted by
economic opportunity, such as Iranians. Except for those who
were settled in the area long before the UAE's independence,
few of these persons have become citizens. Although lacking a
formalized procedure for accepting refugees, the UAE
occasionally grants Iranians refuge if they can demonstrate
that they would face persecution in Iran. However, most
Iranians, if intercepted attempting to enter the coutry
illegally, are turned back.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government.

The UAE has no formal democratic institutions. Most of its
citizens have little or no say in the process of government or
in the choice of leaders. The bulk of executive and
legislative power is in the hands of the seven emirate rulers
and their families. In 1986, these rulers, sitting as the
Supreme Council, unanimously reelected Shaikh Zayed Bin Sultan
Al-Nahyan, ruler of United Arab Emirates, as President and
Shaikh Rashid Bin Saeed Al-Maktoum, ruler of Dubai, as Vice
President. Intermarriage and alliances between the ruling
families and other influential families extend the network of
informal participation by which most major decisions are made.

The positions and powers of individual rulers are not defined
constitutionally. They are the product of traditional concepts
of authority. Although the rulers and ruling families are
presumed to have a right to rule, their incumbency ultimately
depends on the quality of their leadership and responsiveness
to their subjects' needs. Emirate rulers are accessible to any
subject who has a problem or a request. The choice of a new
ruler falls to the ruling family, which is supposed to choose
its most capable and respected eligible member. In practice,
to avoid violent succession disputes which were common in the
past, primogeniture has become increasingly common.

The political dominance of the ruling families is intertwined
with their substantial involvement and influence in economic
life. The ruling families and their close allies control and
profit from petroleum production, and, with important merchant
families, have a major stake in the UAE's commercial life.

With few exceptions, the large foreign community has no
political role.

In 1986, there were few indications of movement toward more
democratic institutions. The country's most representative
institution, the Federal National Council, continued to meet
and debate government policy, but there was no sign of change
in its advisory status or in its nonelective method of
selection.

1329

UNITED ARAB EMIRATES

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

The UAE is responsive to foreign criticism of its human rights
situation. For example, it has improved its labor laws in
response to criticism that low-paid foreign workers were being
mistreated. The UAE has no internal groups which monitor human
rights. No outside human rights group visited the UAE in 1986.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Conservative attitudes about women's roles and the frequency of
early marriage still limit women's educational opportunities.
However, women's education is advancing (females outscore males
in many subjects at all levels) and opportunities for women are
growing in government service and the news media, besides the
more traditional fields of education and health.

Because foreign workers can stay in the UAE only with the
continuing approval of the Government, and would probably face
unemployment or lower wages in their country of origin, they
are occasionally abused or exploited by employers who take
advantage of their relunctance to protest. The Government has
taken steps to improve the labor law covering conditions of
employment, compensation, inspection of the workplace, and
enforcement procedures.

In 1986 consideration was given to legislation which would
limit the marriage of UAE citizens to foreigners. Although
many foreigners have lived in the UAE for years and have held
highly responsible positions, very few, even fellow Arabs, have
been granted citizenship.

CONDITIONS OF LABOR

Labor regulations prohibit employment of youths below 18 and
restrict hours of work to 8 hours per day, 6 days per week.
Since the children of UAE nationals have little incentive to
work, and only adult foreign workers are allowed in the
country, there is virtually no child labor. There is no
minimum wage. The Government has adopted occupational safety
standards which are generally enforced.

1330

YEMEN ARAB REPUBLIC

The military has played a preeminent role in the Yemen Arab
Republic (YAR) since the 1962 revolution which overthrew the
theocratic Imamate and opened the YAR to the world. The
current Government was largely shaped and influenced by
8 years of civil war followed by political turbulence which
persists in the south Arabian region. The Government remains
unable to extend its full authority over the entire country,
much of which is isolated by rugged terrain. Tribal leaders
in the outlying areas have been reluctant to give up their
traditional authority.

The current leader of the YAR, Colonel Ali Abdullah Salih,
assumed office in 1978 following the assassination, within
8 months, of his two immediate predecessors, both of whom came
from the senior ranks of the army. No ranking national
government official currently serving in office has been
elected in a truly competitive process, and President Salih
relies heavily on military and security forces to maintain his
Government in power. There are unconfirmed reports that Salih
has escaped several attempts on his life. An invasion by its
neighbor, the People's Democratic Republic of Yemen (PDRY), in
1979 was followed by an insurgency by the National Democratic
Front (NDF) , a Marxist group created by the PDRY. Fighting
continued until 1982. A violent coup in the PDRY in January
1986 has contributed to YAR security concerns. Thousands of
political exiles now live just inside the YAR border with the
PDRY. As a consequence of these developments, fears about
state security have created an atmosphere which has not been
conducive to improving human rights and which has slowed the
evolution of more democratic institutions.

The YAR is a poor country with a limited industrial
infrastructure. Remittances from Yemeni workers abroad are a
major source of foreign exchange. A sharp drop in these
remittances has caused the Government to intervene to limit
the outflow of foreign exchange, a step which is contrary to
its usual laissez-faire policies.

There was little change in the state of human rights in 1986.
However, the potential for increased violence exists.
Continued unrest in the PDRY has resulted in concern over the
possible resumption of NDF activity in the YAR. More than
15,000 PDRY refugees, many of them military professionals,
were in the YAR by the end of 1986, and the number is expected
to grow. In the wake of this development, security forces
have been particularly active in the border areas and in
Sanaa. Detention without charges and other abuses have
occurred. The National Security Organization (NSO), charged
with protecting the Government from subversion, has inevitably
gained in power and influence.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

There were no reports that government forces executed
individuals for their political beliefs. There was a
terrorist attack against a member of the U.S. Embassy staff in
April. There were also unconfirmed reports of armed attacks
by the NDF on YAR security forces and exiles in the border
areas .

1331

YEMEN ARAB REPUBLIC

b. Disappearance

There were continuing reports of secret arrests by national
security officials. In rural areas, there were also reports
that both government security forces and tribesmen resorted to
hostage-taking. There were also several reports of kidnaping
for purposes of intimidation. The persons abducted were
eventually released unharmed.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

The YAR Constitution, the National Charter, and Yemeni legal
statutes all proscribe the use of torture. However, security
authorities reportedly continue to resort with impunity to
force and intimidation to extract information or confessions
from persons accused of criminal activity, particularly where
matters of security are believed involved. Most informed
Yemenis believe that the NSO engages in torture on occasion.

The Yemeni legal code is based on Islamic Shari'a law which
calls for such punishments as amputation and stoning, but
these penalties are now rarely applied. Harsh conditions
prevail in most Yemeni jails, but some prisoners are able to
receive food, clothing, and medicine from their families.

d. Arbitrary Arrest, Detention, or Exile

There were continuing reports of arbitrary arrest. Prisoners
were also held without charge for extended periods despite
provisions of the Constitution which limit the time police may
hold suspects without explicit judicial authorization.
Established procedures through which detainees may contact
their families and lawyers are not always observed. Legal
safeguards are sometimes ignored, most often when matters of
security are at issue. The practice of long-term imprisonment
of political opponents continues. In 1986 such cases
reportedly exceeded 100, with many more kept under virtually
constant surveillance by the NSO.

There were also continuing reports of incommunicado detention,
many of them relating to cases involving state security.
However, family and friends are usually able eventually to
determine a detainee's whereabouts.

There is no forced labor.

e. Denial of Fair Public Trial

There are several types of courts in the YAR, including
traditional Shari'a (Islamic) courts, commercial courts, and
special security courts. The Shari'a courts have jurisdiction
in all cases that do not fall into the latter two categories,
although there is overlapping jurisdiction in some commercial
law cases. The Shari'a courts appear to be fair and
impartial, within the context of the Islamic tradition. The
judge plays an active role in questioning the witnesses,
seeking to establish the guilt or innocence of the accused.
Attorneys may counsel their clients, but do not address the
court or examine witnesses. If the defendant is to be brought
to trial, he is informed of the charges against him at the
conclusion of the police investigation.

There is a possibility of appeal to political authorities
outside the Shari'a system. Persons often seek to bring the

1332

YEMEN ARAB REPUBLIC

influence of prominent people or governnient officials to bear
in a case. The ability to do so varies according to the
status of the defendant. In a commercial court, litigants can
generally expect a fair and open trial with legal counsel.
The Shari'a and commercial courts remain largely independent
of the executive, though all decisions are subject to review
and confirmation by the President.

Those formally charged with espionage or other antigovernment
activities are tried in special security courts. These courts
are convened at the direction of the President to handle
specific cases. Rights normally afforded the accused may
be suspended in security cases. All decisions made by the
security court are subject to review and confirmation by the
President .

f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence .

National security forces operate under an open mandate to
search homes, monitor telephone conversations, read personal
mail, or otherwise intrude into private lives when security
interests are believed involved. Automobiles are routinely
stopped and searched, and identification is often demanded at
intersection checkpoints.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Restrictions on free speech exist, but their effect is limited
to the urban population by the Government's incomplete control
over the countryside. The Information Ministry controls the
management and content of radio and television programing, and
all the major, widely circulated newspapers. The few privately
operated, nondaily newspapers remain unable to voice opinions
different from those of the Government. The Government freely
removes articles from newspapers and periodicals published in
the YAR if the censors deem them inappropriate or offensive.
Publications from outside the country which carry offensive
articles are withheld from distribution. The Government has
also suspended publishing rights for extended periods as
punishment for printing material the censors find
objectionable. Individual Yemenis believe they may experience
difficulties if national security officials overhear comments
critical of the Government.

b. Freedom of Peaceful Assembly and Association

Political parties are illegal. The General People's Congress
was established by President Salih as a substitute for party
politics. It is intended to promote regular discussion and
endorse political activity within the scope of the National
Charter, the nation's guide to political activity and personal
rights. As such, it has become the country's only mechanism
for legitimate popular political expression. At the General
People's Conference of the Congress in late August 1986,
President Salih reiterated the prohibition against any other
form of political activism, declaring in the Conference's
opening speech that there was no place for partisan politics
in Yemen.

Political demonstrations, although ostensibly not illegal, are
rare, and most of the few that are held are organized by the
Government. One which was not was a rally in support of the

1333

YEMEN ARAB REPUBLIC

Afghan mujahidin, organized by Islamic conservatives at Sanaa
University.

Unions and professional organizations play a minor role in the
country. Legislation prohibits the establishment of unions
independent of government control. Strikes are illegal, and
there is no right of collective bargaining. Shari'a law
weighs heavily in labor disputes and provides relief for some
employee grievances.

Association of Yemeni citizens with foreigners is closely
monitored by NSO officials. Embassies are required to furnish
lists of Yemeni guests at all functions, a procedure evidently
intended to monitor Yemeni contacts with foreigners which also
discourages fraternization. Invitations for high ranking
officials must be sent through the Ministry of Foreign
Affairs. Appointments with Yemenis must be made for most
employees of foreign embassies through the Foreign Ministry as
well. Some Yemeni citizens, invited by various embassies to
social functions, have been denied entry by NSO officials
waiting outside the embassy. Others have been taken away for
qxiestioning upon their arrival. Some Yemenis have been
detained for several hours' interrogation for merely speaking
with foreign embassy officials or visiting their homes.

Tribal councils, which formerly provided a forum for relatively
free expression, are losing their ability to decide local
affairs as government authority and NSO influence expands into
the countryside.

c. Freedom of Religion

Islam is the state religion and that of the vast majority of
Yemenis. Members of the Zaydi (Shi 'a) sect have historically
enjoyed greater political influence than those of the Shafei
(Sunni) sect, although this distinction has often been as much
based on geographic and tribal considerations as on sectarian
grounds. For the most part, the two major Islamic coiMtiunities
coexist without friction and seek to minimize the significance
of doctrinal differences. Muslim associations with ties to
pan-Islamic or foreign organizations enjoy some degree of
freedom, including the right to operate schools which are
largely independent of the national education system.

Although almost all of the once substantial Yemeni Jewish
population has emigrated to Israel, a small number of Jews
remain, perhaps 1,000 or fewer, living mostly in the north of
the country. There are no synagogues, but Jews are permitted
to practice their religion in private homes unmolested. The
Government has made a point of ensuring that no impediments to
this right exist. Jews usually live in relative harmony with
their Muslim neighbors. There are no reports of government-
inspired harassment or intimidation, although violent incidents
have been reported from time to time. Such incidents, however,
are not dissimilar to the violence which is a fact of life in
much of the countryside. Communications between the Yemeni
Jews and their coreligionists in Israel are strictly
prohibited.

There is no indigenous Christian population. Foreign
Christians are allowed to conduct private services, although
the establishment of churches is not permitted. Foreign clergy
are not permitted into the country for missionary purposes;
however, a few work in social service fields. Public
celebration of non-Islamic religious holidays is discouraged.

1334

YEMEN ARAB REPUBLIC

Proselytizing is forbidden by law, but Christian missionaries
have operated hospitals without serious hindrance for many
years.

d Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Many Yemenis historically have sought employment abroad. The
Government has not restricted this large-scale emigration in
view of the importance to the economy of foreign remittances.
Procedures for obtaining passports and compulsory exit permits
are sometimes onerous, particularly for Yemeni males who have
not fulfilled their military service obligations. Political
dissidents have frequently chosen self-imposed foreign exile
or have accepted government appointments abroad rather than
face possible difficulties at home stemming from their
political views. There are no restrictions on travel by
Yemenis within the country despite the presence of numerous
security checkpoints on all major roads. Foreign tourists
must obtain travel permits from the tourist office, which
usually issues them with little delay or difficulty. Strict
controls on the issuance of passports help to regulate travel
outside the country.

The coup in the PDRY in January 1986 resulted in the influx of
approximately 15,000 to 20,000 political exiles and refugees
to the YAR. The Government has temporarily settled most of
these people in refugee camps along the border. Others appear
to have been taken in by villagers in the area or gone to stay
with relatives. There are reportedly 2,500 Eritrean refugees
and displaced persons living in a camp at Khokha . Political
activity by both these groups is closely monitored by NSO
officials and the YAR military. Most of the Palestinians who
came to the YAR from Lebanon in 1982-83 are gone. The
remainder still live in camps. The Palestinians are watched
closely by the NSO, which restricts their movement and
activity. There has been no assimilation of the Palestinians
into Yemeni society, mainly because of the tribal organization
of the country.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

The Government does not permit partisan political activity,
and there is no legal mechanism whereby Yemenis may change
their government. The President makes all key decisions,
appoints all government ministers, and controls entry into the
General People's Congress (GPC), either through direct
appointments or through influence over candidacies. The
Congress has no actual legislative authority, and there is no
legal opposition. Full-fledged opposition to the Government
is dealt with as subversion. The people have a limited
consultative role through the GPC and other channels, and
criticism and debate of government operations and policies are
tolerated in the Congress.

The GPC was first convoked in 1982, ostensibly to formulate
and ratify the National Charter. It has met twice since that
time, in 1984 and in August 1986. The President by law
appointed approximately 40 percent of the membership while the
others were elected from all parts of the country and included
men and women from all walks of life.

Although some latitude existed in the selection of candidates,
much of the process was coopted by the Government. It was left

1335

YEMEN ARAB REPUBLIC

to the populace to confirm the Government's selections.
Control of the Permanent Committee of the Congress, the
200-person executive element of the Congress, remained
essentially in the same hands. The Permanent Committee
consists mostly of government officials, loyal supporters of
the President, or important personages who would be slighted
by omission.

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

There are no human rights organizations in the YAR, and no
human rights investigations were conducted in 1986. The
Government appears unwilling to entertain dialogue from any
quarter on the subject of human rights, which it regards as an
internal matter.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Minority groups in the YAR, such as the small Jewish population
in the north, do not appear to be officially discriminated
against because of their religion. The Government has tried,
insofar as its limited authority in rural areas allows, to
ensure that their rights are not violated. However, because
of the prevailing tribal structure, tribesmen and members of
prominent families enjoy an economic advantage over the less
well-organized, minority elements of society — for example, in
the sharing of business opportunities. Discrimination in
favor of family members of tribal kinsmen is a longstanding
practice .

A limited number of Yemeni women are employed outside the home
or farm, in spite of the YAR's conservative Islamic society.
Some women play an active role in public life, holding
positions in the Government and the General People's Congress.
Women now work in the middle levels of several ministries such
as the Central Planning Organization, and one woman is in the
Constituent Assembly. A few were elected to Local Development
Councils. The Government does not restrict women's access to
employment, and women work in banks and other businesses.
Prevailing social norms frequently dictate, however, that women
defer to the guidance of their male colleagues and accept close
supervision of their activities by male relatives. Women
seeking exit permits for travel outside the country are
frequently asked to provide evidence that male relatives pose
no objection.

Education for women in significant numbers began only at the
end of the civil war in 1970. The Government is trying to
expand their educational opportunities. However, staffing
shortages continue to inhibit the opening of new schools and
the staffing of existing institutions. Traditional Islamic
norms, more strictly followed in rural areas, as well as the
considerable time expended by rural women in water and fuel
collection, limit the ability of women to take advantage of
educational opportunities.

CONDITIONS OF LABOR

Workers' rights are defined by Yemeni law, but the regulations
are virtually unenforceable. Hiring practices favor relatives
or tribal associates. There is no minimum wage. Wage
standards are set by the market. The generally accepted pay

1336

YEMEN ARAB REPUBLIC

scale for unskilled workers is about $10 a day. There is no
minimum age for employment although there are compulsory
educational requirements. These regulations are often
observed more in the breach than in practice.

Much of the local production is based on agrarian or "cottage
type" industry in which children often work. The presence of
children in the workplace is more a reflection of family
values and expectations than an exploitation of available
labor. Children, especially outside urban centers,
traditionally learn their trade or occupation from their
parents rather than from formal educational experiences.

While working conditions are sometimes harsh, reflecting the
subsistence economy which generally prevails, the Government
has set general safety requirements and occasionally inspects
to ensure that industrial producers have established safety
standards for their employees. Although not strictly enforced,
these safety standards are generally observed for reasons of
efficiency.

1337

U.S. OVERSEAS -LOANS AND GRANTS" OBLIGATIONS AND LOAN AUTHORIZATIONS
(U.S. FISCAL YEARS - MILLIONS OF DOLLARS)

COJNTRY: YEMEN ARA3 REPUBLIC

198i^

1985

1986

CON
L
G
A. AID
L
G

(SB

a.FOo

TITLE

REPA

PAY.

TITLE

E.RE

VOL.

C.OTK

. ASSIST. -TOTAL.

OANS

RANTS

OANS

RANT

C.SU

D FO

OANS

RANT

I-T

Y. I

II-

LIEF

RELI

ER E

OANS

RANT

PEA

NAR

OTH

PP. ASSIST.). .
R PEACE

S ,

OTAL

N $-LOANS....,
FOR. CURR....,
TOTAL ,

.EC.DEV a WFP,
£F AGENCY.... ,
CON. ASSIST..,

:E CORPS.
COTICS. ..
ER

II.MIL. ASSIST. -TOTAL.

LOANS

GRANTS

A. MAP GRANTS

a. CREDIT FINANCING..
C.INTL MIL.ED.TRNG..
D.TRAN-EXCESS STOCK,
E. OTHER GRANTS ,

III. TOTAL 5C0N. S MIL,

LOANS

GRANTS

31. IV

40.7

25.0

3.3

12.0

0.0

28.4

28.7

25.0

27.4

27.6

25.0

0.0

3.0

27.4

27.6

25.0

0.0

3.1

12.0

0.0

3.0

12.0

3.0

0.1

0.0

3.0

12.0

0.0

3.0

12.0

0.0

0.3

3.0

0.0

0.1

0.0

0.1

0.0

0.9

1.1

0.0

0.9

1.1

0.0

0.9

1 .1

0.0

0..0

0.0

0.3

0.0

5.1

6.4

3.1

0.0

5.1

6.4

3.1

4.0

5.0

1.9

0.0

1.1

1.4

1.2

0.0

3.0

0.0

36.5

47.1

28.1

3.3

12.0

0.0

33.5

35.1

28.1

OTHER US LOANS 0.0

0.0 0.0

EX-IM BANK LOANS 0.0

ALL OTHER 0.0

0.0 0.0
0.0 0.0

ASSISTANCE FROM INTERNATIONAL AGENCIES
1984 1985 1986

1946-86

TOTAL

58.3

29.6

58:3

541.1

IBRD

0.0

IPC

3.0

4.9

11.9

23.9

lOA

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1338

PEOPLE'S DEMOCRATIC REPUBLIC OF YEMEN*

The People's Democratic Republic of Yemen (PDRY) is a
one-party state under the control of the avowedly Marxist
Yemen Socialist Party (YSP) . The President of the PDRY,
Haydar Abu Bakr al-Attas, came to power in January 1986 when
the previous president, Ali Nasir Muhammad al-Hasani, was
ousted in a violent coup after bitter fighting in which the
forces in opposition to Ali Nasir reportedly were openly aided
by Soviet and Cuban military personnel. Ali Nasir, along with
many of his followers, was forced to flee the country.

The YSP efforts to establish a Marxist-Leninist state on the
Soviet model have resulted in the destruction of many
traditional social and cultural values. Tribal leaders have
been murdered and many human rights, such as the freedoms of
speech, association, and the press, have been suppressed. As
a consequence, an estimated 25 percent of the population has
fled the PDRY since the country's independence from Great
Britain in 1967. Most have fled to the neighboring Yemen Arab
Republic (YAR) .

Approximately 40 percent of the population of about 2.2 million
are engaged in agriculture, which produces about 12 percent of
the gross national product. The economy, which had been
stagnating in recent years, worsened significantly in 1986 in
the wake of the coup; there were shortages of flour, rice,
milk, and other basic commodities.

Following the coup in January, human rights violations in the
PDRY took place on an unprecedented scale. A PDRY official
estimated in late January 1986 that between 12,000 and 13,000
people died in the fighting. A large section of Aden was
destroyed by indiscriminate shooting. The ruthless
annihilation of opponents was particularly severe in Shabwa
and Abyan provinces; on January 18, guards reportedly
machine-gunned to death nearly 100 inmates of the jail in
al-Gar, Abyan. Hundreds of Ali Nasir supporters, beyond those
killed in the initial fighting, were massacred. Exiles who
fled to the YAR reported the machine-gunning of schools and
other buildings filled with noncombatants from various tribes
loyal to Ali Nasir.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political Killing

Thousands of people were killed in the PDRY after the January
coup, including many persons suspected of supporting Ali
Nasi. In February Najib Shumayri, Chairman of the Supreme
Court, was reported to have been executed for refusing to
cooperate with the new regime. His death remains unconfirmed,
but Amnesty International's requests for information from the
Government have gone unanswered. Reports of many other
arbitrary executions have been common. Mustafa Muhammad

*The United States maintains no diplomatic mission in the
People's Democratic Republic of Yemen, which severed diplomatic
relations with the United States in 1969. It is difficult,
therefore, to comment authoritatively on conditions in that
country.

1339

PEOPLE'S DEMOCRATIC REPUBLIC OF YEMEN

Musarraj , former member of the Supreme People's Conference,
and Zaki Barakat, President of the Democratic Yemen
Journalists' Organization, reportedly were among those
executed .

b. Disappearance

In the aftermath of the coup, people reportedly were still
disappearing from their homes and places of work at the end of
the year. Exiles report that many of these persons may have
been killed. Exile groups have published several long lists
of victims, but it has not been possible to confirm the fate
of those named.

c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment

There were many reports of torture in 1986, as well as reports
of executions being carried out by barbarous methods.

d. Arbitrary Arrest, Detention, or Exile

Arbitrary arrests continued in 1986. Many of those detained
included former officials and supporters of the previous
government, relatives of the former president and his
followers, and others believed to be sympathetic to them.
Thousands have fled into exile. Others, including several of
Ali Nasir's relatives, are reportedly under protection in
foreign embassies in Aden. Incommunicado detention is
frequently practiced.

There are no reports of forced labor.

e. Denial of Fair Public Trial

Many persons are reported to have been imprisoned and executed
without trial. There have also been a number of show trials
in which prisoners have been forced to admit their "errors."
Procedural protections outlined in the law are routinely
ignored.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence .

National security is commonly used as the pretext for the
widespread violation of virtually every aspect of commonly
accepted norms relating to privacy, the family, and the home.
Mail is routinely inspected, phones are tapped, and arbitrary
searches of residences and businesses are routinely conducted.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.

There is no freedom of speech or press. The state-owned and
-operated public media were used in 1986 primarily to bolster
the weak public support the regime enjoys, as well as to
vilify the former president and his supporters.

b. Freedom of Peaceful Assembly and Association

Political parties other than the YSP are prohibited. No public
or professional associations, except those sponsored by the
Government or the party, operate openly. Nonsanctioned
gatherings are prohibited. Demonstrations occurred in 1986,

1340

PEOPLE'S DEMOCRATIC REPUBLIC OF YEMEN

although reportedly with disastrous consequences for the
participants. Local authorities fired on a demonstration in
Abyan, resulting in many casualties, and a demonstration by
women in Aden was reportedly broken up with machine-gun fire,
also with many casualties.

There are no independent trade organizations or labor unions.
The government-sponsored labor unions, organized under an
umbrella organization called the General Federation of Trade
Unions, are under close party control. Collective bargaining
is forbidden. The State represents the rights of employees.
Measures such as the curtailment of overtime have aggravated
the relationship between workers and the State. There is no
nongovernment mechanism for addressing such grievances.

c. Freedom of Religion

The Constitution declares Islam to be the state religion, but
guarantees freedom of religious expression. In practice, the
Government has attempted to minimize the influence of religious
leaders, a large number of whom were arrested during the late
1960 "s and early 1970 's. Sermons for Friday prayer in Aden
are reportedly provided by the Ministry of Awqaf (i.e.,
religious trusts) Affairs.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Since the January coup, upwards of 15,000 people are said to
have fled the PDRY and now live in temporary camps inside the
YAR. Talks between the two governments about how to resolve
the exile issue continue sporadically. Although the PDRY has
offered amnesty for all but a few of Ali Nasir's supporters,
most of them doubt the sincerity of the amnesty offer.
Repatriation is an issue, not only for the post-coup exiles,
but also for others who have fled the PDRY in past years.
Reports indicate that they are encouraged to return, but there
is no confirmation that any have opted to do so. Amnesty
agreements made by past governments have not always been
honored. Although the situation since the coup is not clear,
prior to the coup citizens were free to travel within the
country, except to some restricted areas. The PDRY continues
to issue passports, and foreign travel for some citizens is
approved .

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

Political power is concentrated within the highest level of
the Yemen Socialist Party. Personal and factional allegiances
play a major role in decisionmaking by the party leadership.
The Constitution guarantees universal suffrage to citizens over
the age of 18, and elections are held regularly. However, only
candidates approved by the party may contest elections and no
other parties or political action groups are permitted. There
is a long tradition of violent coups, graphically illustrated
by the events of 1986 .

Section 4 Governmental Attitude Regarding International and

Nongovernmental Investigation of Alleged Violations
of Human Rights

When Amnesty International and other human rights groups
requested information about human rights violations, the

1341

PEOPLE'S DEMOCRATIC REPUBLIC OF YEMEN

Government attempted to place the entire blame for abuses on
Ali Nasir and his supporters.

Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status

Equality of the sexes is guaranteed by law, and women
frequently hold government and service jobs. Polygamy, child
marriages, and arranged marriages are forbidden. There is
little information available on the position of minorities.

CONDITIONS OF LABOR

Working conditions, once among the best in the area, have
deteriorated markedly in recent years and will certainly have
worsened since the latest coup. Child labor is common but is
more prevalent in the rural areas than in urban centers, where
children must compete with adults for scarce employment.
Child labor in rural areas is often the result of traditional
parent-child job training and apprenticeship rather than
exploitation. Information is not available on minimum wage,
hours of work, and occupational health and safety standards.

1343

APPENDIX A

Notes on Preparation of the Reports

The annual Country Reports on Human Rights Practices are based
upon all information available to the United States Government.
Sources include American officials, officials of foreign
governments, private citizens, victims of human rights abuse,
congressional studies, intelligence information, press reports,
international organizations, and nongovernmental organizations
concerned with human rights. We are particularly appreciative
of, and make reference in most reports to, the role of
nongovernmental human rights organizations, ranging from
groups in a single country to major organizations that concern
themselves with human rights matters in larger geographic
regions or over the entire world. Much of the information we
use is already public. For obvious reasons, much of our
information cannot be attributed to specific sources.

The reports must be submitted to Congress by January 31. To
comply. United States diplomatic missions are given guidance
in September for submission of draft reports during October
and November; contributions are received from appropriate
offices in the Department of State; and a final draft is
prepared under the coordination of the Bureau of Human Rights
and Humanitarian Affairs. Because of the preparation time
required, it is possible that developments in the latter part
of 1986 may not be fully reflected; moreover, reports from some
of the nongovernmental organizations are for periods ending
well before the end of the year. We make every effort to
include reference to major events or significant changes in
trends .

We have attempted to make these country reports as
comprehensive as space will allow, while taking care to make
them objective and as uniform as possible in both scope and
quality of coverage. We have given particular attention to
attaining a high standard of consistency despite the
multiplicity of sources and the obvious problems related to
varying degrees of access to information, structural
differences in political and social systems, and trends in
world opinion regarding human rights practices in specific
countries. There is a conceptual difficulty in applying a
single standard of evaluation to societies with differing
cultural and legal traditions. There is also a problem of
perspective in discussing countries that face differing
political realities, which must be taken into account in
describing the human rights environment. Rather than viewing
a country in isolation, these reports take as their point of
departure the world as it is and then apply a consistent
approach in assessing each country's human rights situation.
While we have tried to make each report self-contained by
including enough background information to place the human
rights situation in context, readers who need to delve more
deeply may wish to consult other sources, including previous
country reports.

To improve the uniformity of the reports, the introductory
section of each report contains a brief setting, indicating
how the country is governed and providing the context for
examining the country's human rights petf ormance . A
description of the political framework and a discussion of the
security and law enforcement situation are followed by an
economic background statement. The setting concludes with an
overview of human rights developments in 1986.

1344

The format for the reports generally follows that of last year
except that the final section of last year's report, entitled
"Economic, Social, and Cultural Situation," has been replaced
by one entitled "Discrimination Based on Race, Sex, Religion,
Language, or Social Status" and by a final section entitled
"Conditions of Labor." This change was made to better focus
the reports on the right to nondiscriminatory treatment in all
facets of life, an important human right, recognized explicitly
in the U.N. Charter, in lieu of a necessarily general and
superficial survey of the broad economic, social, and cultural
situation in each country. Respect for human rights is covered
in sections on respect for integrity of the person, civil
liberties, political rights, and the right to nondiscriminatory
treatment. Governmental attitudes toward investigations of
alleged human rights abuses are discussed in Section 4, while
those aspects of worker rights not covered in previous sections
(specifically, the minimum age for the employment of children
and acceptable conditions of work) are covered under
"Conditions of Labor."

The following notes on specific categories of the report are
not meant to be comprehensive descriptions of each category
but to provide definitions of key terms as used in the reports
and to explain the organization of material within the format:

Political Killing — Includes killings in which there is
evidence of government instigation without due process of law,
or of political motivation by government or by opposition
groups; also covers acts of violence, if pertinent to describe
a situation where killing may occur; excludes combat deaths
and killings by common criminals, if the likelihood of
political motivation can be ruled out.

Disappearance — Covers unresolved cases in which political
motivation appears likely and in which the victims have not
been found or perpetrators have not been identified; cases
eventually classed as political killings are covered in the
above category, those eventually identified as arrest or
detention are covered under "Arbitrary Arrest, Detention, or
Exile. "

Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment — Torture is here defined as an extremely severe form
of cruel, inhuman, or degrading treatment or punishment,
committed by or at the instigation of government forces or
opposition groups, with specific intent to cause extremely
severe pain or suffering, whether mental or physical.
Discussion concentrates on actual practices and treatment, not
on whether they fit any precise definition of torture.

Arbitrary Arrest, Detention, or Exile — Covers cases in which
detainees, including political detainees, are held in official
custody without charges or, if charged, are denied a public
preliminary judicial hearing within a reasonable period. Also
covers forced or compulsory labor (see Appendix B) as a means
of education, political coercion, or racial or social
discrimination. (N.B., if no mention is made of forced or
compulsory labor, it may be assumed that the practice does not
exist . )

Denial of Fair Public Trial — Discusses not whether a trial has
been denied but whether a trial held was both fair and public;
failure to hold any trial is noted in the category above;
includes discussion of "political prisoners" (political
detainees are covered above), defined as those imprisoned for
essentially political beliefs or acts, regardless of the actual

1345

charge, but not including those who have gone beyond advocacy
and dissent to commit acts of violence.

Arbitrary Interference with Privacy, Family, Home, or
Correspondence — Discusses "passive" right of the individual to
noninterference by the State; includes right to receive foreign
publications, for example, while right to publish is discussed
vinder the category that follows; does not include cultural or
traditional practices, such as discrimination against women
within marriage, which are addressed in Section 5 of the
report.

Freedom of Speech and Press — Includes academic freedom.

Freedom of Peaceful Assembly and Association — Includes right
of labor to organize and bargain collectively (see Appendix B) .

Freedom of Religion — Includes freedom to publish religious
documents in foreign languages; addresses treatment of foreign
clergy; addresses whether religious belief affects membership
in a ruling party or a career in government.

Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation — Includes discussion of forced
resettlements; "refugees" may refer to persons displaced by
civil strife or natural disaster as well as persons who are
"refugees" within the meaning of the Refugee Act of 1980,
i.e., persons with a "well-founded fear of persecution" in
their country of origin or, if stateless, of habitual
residence, on account of race, religion, nationality,
membership in a particular social group, or political opinion.

Respect for Political Rights: The Right of Citizens to Change
Their Government — Discusses extent to which citizens have
freedom of political choice and can change the laws and
officials that govern them; assesses whether elections are
meaningful .

Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights — Includes discussion of domestic and foreign human
rights organizations operating in the country and the
government's response to them.

Discrimination Based on Race, Sex. Religion, Language, or
Social Status — Discusses discrimination against women, racial
and ethnic minorities, and other groups not discussed in other
sections of the report, particularly discrimination instigated
or condoned by the government. This includes discrimination
in employment, housing, education, or restricted access to
other economic, social, or cultural opportunities. (Killing,
arbitrary detention, restriction of voting rights or free
speech, for example, would be discussed under the appropriate
preceding section.)

Conditions of Labor — Addresses conditions related to worker
rights, including minimum age for the employment of children
and acceptable conditions of labor (see Appendix B) .

1346

APPENDIX B

Reporting on Worker Rights

The Generalized System of Preferences Renewal Act of 1984
requires reporting on worker rights in GSP beneficiary
countries and states that internationally recognized worker
rights include "(A) the right of association; (B) the right to
organize and bargain collectively; (C) a prohibition on the
use of any form of forced or compulsory labor; (D) a minimum
age for the employment of children; and (E) acceptable
conditions of work with respect to minimum wages, hours of
work, and occupational safety and health." Reporting on worker
rights for 1986 is included in the human rights reports format
described in Appendix A and is covered in separate paragraphs
in response to the Act's requirement that worker rights be
addressed separately within the report. In previous years, the
rights of association and the right to organize and bargain
collectively were addressed in Section 2.b. (Freedom of
Peaceful Assembly and Association); this continues to be the
practice, as these rights are important indicators of the
broader right to associate. Similarly, comments on the use of
forced or compulsory labor are included in Section l.d.
(Arbitrary Arrest, Detention, or Exile), as in the past.
Discussion of the employment of children and of wages, hours,
and occupational safety is included under the heading
CONDITIONS OF LABOR. The discussions of worker rights consider
not only laws and regulations but also their practical
implementation, taking into account the following additional
guidelines :

A. The right of association has been defined by the
International Labor Organization (ILO) to include the right of
workers and employers to establish and join organizations of
their own choosing without previous authorization; to draw up
their own constitutions and rules, elect their representatives,
and formulate their programs; to join in confederations and
affiliate with international organizations; and to be protected
against dissolution or suspension by administrative authority.

A collateral issue that is often considered in the context of
freedom of association concerns legal provisions for strikes.
Freedom of association is not synonymous with the right of
workers to strike, as strikes may be curtailed in essential
services (i.e., those services whose interruption would
endanger the life, personal safety, or health of a significant
portion of the population) and in the public sector. Such
restrictions, however, must be offset by adequate guarantees
to safeguard the interests of the workers concerned (e.g.,
machinery for mediation and arbitration; due process; and the
right to judicial review of all legal actions). Reporting on
restrictions affecting the ability of workers to strike
generally includes information on any procedures that may
exist for safeguarding workers' interests.

B. The right to organize and bargain collectively includes
the right of workers to be represented in negotiating the
prevention and settlement of disputes with employers; the
right to protection against interference; and the right to
protection against acts of antiunion discrimination.
Governments should promote machinery for voluntary negotiations
between employers and workers and their organizations.

C. Forced or compulsory labor is defined as work or service
exacted from any person under the menace of penalty and for
which the person has not volunteered. (It should be noted
that the ILO has specifically exempted the following from its

1347

definition of forced labor: compulsory military service;
certain civil obligations; certain forms of prison labor; work
exacted in emergencies; minor communal services.)

D. "Minimum age" concerns the effective abolition of child
labor by raising the minimum age for employment to a level
consistent with the fullest physical and mental development of
young people. In addition, young people should not be employed
in hazardous conditions or at night.

E. "Acceptable conditions of work" refers to the establishment
and maintenance of machinery, adapted to national conditions,
that provides for minimum working standards, i.e., wages that
provide a decent living for the workers and their families;
working hours that do not exceed 48 hours per week, with a
full 24-hour rest day; a specified annual paid holiday; and
minimum conditions for the protection of the safety and health
of workers.

1348

APPENDIX C

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concerning treaty obligations applicable prior to independence.

1349

APPENDIX C

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1350

APPENDIX C

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Chile

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Costa Rica

Cuba

Dominica

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Ecuador

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1351

APPENDIX C

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Central and South

America — Continued

St. Christopher

& Nevis

(x)

St. Lucia

(x)

St. Vincent and

the Grenadines

(x)

Suriname

(x)

Trinidad

and Tobago

Uruguay

Venezuela

East Asia and

the Pacific

Australia

Brunei

(x)

Burma

Cambodia

China

(Taiwan only)

Fiji

Indonesia

Japan

Kiribati

(x)

Korea, North

Korea, South

Laos

Malaysia

1352

APPENDIX C

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Pacific — Continued

Mongolian People's

Republic

New Zealand

Papua New Guinea

Philippines

Singapore

Solomon Islands

Thailand

Tonga

(x)

Tuvalu

(x)

Vanuatu

Vietnam

Western Samoa

Europe and North

America

Albania

Austria

Belgium

Bulgaria

Canada

Cyprus

Czechoslovakia

Denmark

Finland

France

German Democratic

Republic

1353

APPENDIX C

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America — Continued

Germany, Federal

Republic of

Greece

Holy See

Hungary

Iceland

Ireland

Italy

Liechtenstein

Luxembourg

Malta

Monaco

Netherlands, The

Norway

Poland

Portugal

Romania

San Marino

Spain

Sweden

Switzerland

Turkey

Union of Soviet

Socialist Republics

United Kingdom

U.S.A.

Yugoslavia

1354

APPENDIX C

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Near East, North Africa

and South Asia

Afghanistan

Algeria

Bahrain

Bangladesh

Egypt

India

Iran

Iraq

Israel

Jordan

Kuwait

Lebanon

Libya

Maldives

Morocco

Nepal

Oman

Pakistan

Qatar

Saudi Arabia

Sri Lanka

Syria

Tunisia

United Arab Emirates

Yemen Arab Republic

Yemen, People's

Democratic

Republic of

1355

APPENDIX D

Explanation of Statistical Tables

Tables listing the amounts of U.S. bilateral assistance and
multilateral development assistance in the fiscal years of
1984, 1985, and 1986 are provided for each country which
received such assistance during those fiscal years. In
general, loans are reported as of the fiscal year of
obligation.

AID Data for 1986 loans and grants are as indicated in the FY
1988 Congressional Presentation. All other data are as
presented in "U.S. Overseas Loans and Grants and Assistance
from International Organizations" (The Green Book). However,
data for the following categories of assistance were not
available at the time this report was prepared: Loans and
Grants under the headings Food for Peace, Trade and
Development, Ex-Im Bank, Inter-American Development Bank,
African Development Bank, and Other United Nations.

U.S. bilateral assistance figures are broken down by two basic
categories.

I) Economic Assistance

II) Military Assistance

For each category, the overall amounts are further broken down
in two ways: First, to indicate the amount of aid provided in
the form of loans and grants; and second, to indicate the
amount provided under various programs.

In addition, the tables list the amount of loans (not
generally considered "assistance") made by other U.S.
Government sources and the amounts committed by international
agencies, such as multilateral financial institutions and
United Nations agencies.

Key Abbreviations

1) U.S. Economic Assistance

Sec. Supp. Assist.

Security Supporting Assistance (also known as
Economic Support Fund)

Repay, In $-Loans

Assistance in the form of loans repayable in
U.S. dollars

Pay. In For . Curr .

Assistance in the form of loans repayable in
foreign currencies

E. Relief Ec. Dev. & WFP

Economic Relief, Economic Development, and
World Food Program

Vol. Relief Agency

Assistance channeled through voluntary relief
agencies

1356

Contr. to IFI

Contributions to international financial
institutions

2) U.S. Military Assistance

MAP Grants

Grants provided under the Military Assistance
Program

Credit Sales - FMS

Credits provided under the Foreign Military Sales
Program

Intl, Mil. Ed. Trng.

Grant aid provided under the International Military
Education and Training (IMET) Program

Tran-Excess Stock

Eguipment provided as Excess Defense Articles

3 ) International Agencies

IBRD

International Bank for Reconstruction and
Development (World Bank)

IFC

International Finance Corporation
IDA

International Development Association
IDB

Inter-American Development Bank
ADB

Asian Development Bank
AFDB

African Development Bank
UNDP

United Nations Development Program
Other UN

Other United Nations Program
EEC

European Economic Community

N.B. Assistance totaling less than $50,000 in any one
category is not shown in the tables.

66-986 (1368)

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